Notes for Brice Howard Duvall

!US Census 1850 (16 September) Ohio, Belmont Co., York, Roll M432_661, Page 52, House No. 178, Lines 8-17: Brice H. Devaul (b. 1794 - 56 - in MD - Occ: Farmer - Property Value $2500) married to Priscilla (b. 1799 - 51 - in MD). Children listed (born in OH) are: Rachel (dau b. 1818 - 32); Mary (dau b. 1830 - 20); Priscilla Ann (dau b. 1832 - 18); Daniel (son b. 1834 - 16 - Occ: Farmer); Sophia (dau b. 1834 - 16); Louisa (dau b. 1836 - 14); Lydia (dau b. 1839 - 11); and Brice (son b. 1842 - 8)

!US Census 1860 (1 August) Ohio, Belmont Co., York Township, Casstina PO, Roll M653_936, Sheet 47, Page 165, House No. 271, Lines 32-39: Brice H. Duvall (b. 1793 - 67 - in MD - Occ: Farmer - Property Value $5000 + $600) married to Priscilla (b. 1799 - 61 - in MD). Children listed (born in OH) are: Rachel (dau b. 1818 - 42); Priscilla (dau b. 1832 - 28); Daniel (son b. 1835 - 25 - Occ: Farm Laborer); Lydia (dau b. 1839 - 21); and Brice (son b. 1841 - 19 - Occ: Farm Laborer). ALSO LISTED is: Sarah J. Mills (b. 1851 - 9 - in OH)

!From web site: http://www.familytreemaker.com/users/b/u/c/Grace-O-Buckley/GENE2-0012.html
Will of Brice H Duvall
In the name of the Benevalent Father of All. I Brice H Duvall of the County of Belmont and State of Ohio being through the blessing of god, in a Sound State of weak mind memory, but Calling to much the frail tumor of life and that it is affronted to all new once to die, do make and ordain this my last will and testament:
That is to say: friucifally and finish of all. I do recounced my Soul unto the hands of Almighty God, Who gave it to me and the disposial of my body I leave to the entire diseretion of my executor hereinafter named. With respect to my worldly estate I give, bequeath and dispose of in the measurses and proportion following:
First, It is my will that my first debts, and all charges be paid out of ny estate.
Second, I give and bequeath to my three daughters, namely: Rachel H Duvall, Priscilla A. Duvall and Lydia R Duvall (equally) the farm on which my son-in-law Cornelius Giffin now lives. Situated in the Township of York, County of Belmont, Ohio being for the same the east half of the north west quarter of the section number twenty three, Township ____ and Range three containing eighty one acres of land except on fourth of an acre lying near the Pleasant Hill Church now used and inlanded by me as a family buiral ground together with all my household and kitchen furniture, beds and bedding to them and thier heirs and assigns forever.
Third, I give and bequeath to my daaughter Elizabeth Giffin fifty acres of land to be taken from the homeplace where I now live reside including the dwelling house and out buildings. Sotuate in the County and State aforesaid being the north end of the east half of the south west quarter of section number Twenty Three, to house and bequeath forever.
Fourth, I give and bequeath to my son-in-law Cornelius Giffin. Fifty one acres of land, laying and adjoining the above track as willed to my daughter Elizabeth Giffen, to Heir, or his heirs or assigns forever, he however is to pay my Executor (for the use as in herein after set forth) the same of nine hundred dollars within five years after my decease.
Fifth, I give and bequeath to my grandson John Giffen Thirty two acres of land, lying and adjoining the above track of land as bequeath to my son-in-law Cornelious Giffen being taken from the track of land as convoyed by Andrew McMaster to me to have his hiers of assign forever.
Sixth, I give and bequeath to my grandchildren (the heirs of my son William Duvall) namely Benjamin F, Mary E, John P, Brice H, Wm E, and Rachel A. Duvall equally between them eighty two acres of land, situated in the County of Belmont and State of Ohio being the west half of the south east quarter of the section number twenty nine township four of range three. To have and to hold the same to their use and bequeath forever.
Seventh, I give and bequeath to my son Daniel D. Duvall fifty dollars to be paid to to heir out of the proceeds of my personal property within two years after my decease.
Eighth, I give and bequeath to my daughter Susannah Gratigney two hundred and fifty dollars and her benefit and ______, I have advanced to her said sum of two hundred and fifty dollars. As is fully shown by notes of her signature. Said notes to be held in full satisfaction of the bequest and to be given in lieu thereof.
Ninth, I give and bequeath to my daughter Sophia Cordell, one hundred dollars and for herbenifit and advancement to her said sum of one hundred dollarss as id fully shown by note of her signature said sum as advencement to be held in full satisfaction of this bequest.
Tenth, I give and bequeath to my grandchildren (heirs of my daughter Sarah Ellen Giffen now deceased) namely Susan Emaline, Cornelius H. and Mary E the sum of three hundred dollars each to be paid to them by my executors within five years after my decease.
Eleventh, I give and bequeath to my grandchildren (heirs of my daughter Mary Ambler, deceased) namely Samuel B., Franny Lesta, Leonidas S., Taffau Mance, and Myrteu Bannont to be paid equally divided between them six acres of land, situated in Mead township, Belmont Co., Ohio, being the same peice of parcel of lands as conveyed by Wm. Warren to me by deed & co, together with all my executor, after final settelment and carrying into effect of thismy last will and testament.
Twelfith,I hearby nominated and affoinsh my friend WW Scott Executor of thier my last will and testament. Authorxing and in such manner as he may deem proper., the debs and claims due me and I further authorize heirs that should my personal property fail to adjust, all expenses of administrating on my estate as for the payment of the same.
Thirteenth and Lastly. My express will and meaning is that should any difference, disputis question or conrovesey arise. Concering this my last will and testament that no said or siuts in law or otherwise shall be brought. Commenced or prosecnted for or concerning the same, but that the same may and shall be reffered wholly to the award order and determination of my friends Joseph Carl, john G Qwens and SD Myers Esu and what they shall order direct or determine shall be buiding and conclusive to all and every person or persons therein concerned.
And I do hereby ______ disallow revoke and disanaul all and every other former testaments, wills bequest and legacies and executors by me in any way before named, willed and bequeathed ratifying and confirmeing this and no other, to be my last will and testament

In witness whereof I hereunto set my hand and seal the 27th day of June A.D. 1876
Brice H. Duvall (sealed)
Signed, sealed pronounced by the said Brice H. Duvall, as his last will and testament in presence of us and we at his request witness the same.
John G Giffen ) Residence of James A. Baco ) York Township
In testamony in the matter of the will of Brice H Duvall, deceased late of Belmont County.
The state of Ohio, Belmont County. SS On the 11th day of February, A.D. 1878, personally appeared before me CW Carroll, Probate Judge in and for said county. John G Giffen one of the subscribing witness to a paper writing this day prescuted to said Court forforting to be the last will and testament of Brice H. Duvall, late of said county, deceased and being duly sworn in open Court says that he saw the testator Brice H. Duvall, sign the said paper writing as and for his last will and testmant: that he subserebed the same as witness thereto in the presence of the testator and at his request, that the testator at the ____of signing was of sworn mind and memory twenty one years of age and not under any restraint John G Giffen Taken, reduced to writing and subscribed in open Court at my office at St Clairville, Ohio, this 11th day of February A.D. 1878.
CW Carroll
Probate Judge
( February 11th 1878 In the matter of the will ( Commisioner ordered to take Brice H Duvall, deceased ( testimony in relation thereto
( A paper writing forforting to be the last will and testament of Brice H Duvall deceased was this day produced in court for probate and at the same time came John G Griffen one of the subscribing witness to the same who being finsh duty sworn in open court testified to the due exection of said will, which testamony reduced to writing and by said witness subseribedand filled with said will And it appearing to the court that James A Bacco the other subseribing witness to said will resides without the jurisdiction of this Court and at Honey Grove Fanin County in the State of Texas. It is therefore ordered that a commission issue to V. Peyton Esq of said town and state, the dipocetion of said James A Baco touching the due exceution of said will according to the statate in such case made and the coming in of the report of said commisioner
CW Carroll
Probate Judge
Commission to take testimony of witness to will The State of Ohio, Belmont Co., SS:
To V Peyton, Esq Greeting

Know ye, that we in confidence of your prudence and fideitily, have appointed you and by these presents do give full power and authoity to examine and take the deforetion of James A Baeo, one of the subseribing witnesses to the last will and testament of Brice H Duvall hereto aumexed, late of the County of Belmont, in the State of Ohio, deseced and therefore we command you that at contain days and places appointed by you, you cause the said James A baeo to be brought before and them and there to examine here on oath or affirmation first taken before you touching the due execution of said will of the said Brice h Duvall and that you reduce such examination to writing and return the same, together with its commision and the will of the said Brice H Duvall thereto annexed. Closed up under your seal, into our said Probate Court, with all canveiment speed. In testamony whereof, I CW Carroll Judge of the said Count, have hereunto set my hand and affined the seat of said count at St Clairsville this eleventh day of February AD 1878.
CW Carroll
Probate judge (Seal)
Testimony of witness to will.
In the matter of the last will and testament of Brice H Duvall, deceased. I V Peyton a motony pablie of Fanniu County Texas, duly aprofomted and commessioned by the Judge of the Probate Court of the County of Belmont in the State of Ohio to take the testimony of James a Boes one of the subseribing witness of the last will and testament of Brice H Duvall, deseaced late a resident of said County of Belmont in the State of Ohio, which commission and the said will are hereunto annexed. I do hereby certify that in forsuance of said commission I causd the said James A Baeo, said subseribing witness as above said to come personally before me, at my officce in the town of honey Grovwe in the said County of Fannier and the State of Texas, who being by me finish duly sworn according to law, to speeak the truth the whole thruth and nothing but the truth concerning and in relation to the exceution of said will, depose and says that he was present of the makeing of the said attached, marked "A" and at the request of the deceased. Subscribed his name to said will as witness in the presence of the deceased thart he saw the said Brice H Duvall decease sign and seal said will and heard him acknowledge the same to be his last will and testament that the said Brice H Duvall, deceased was at the time of making signing and sealing said last will and testament of legal age and of sound mind and memory and under no _____or unlawful restraint whatsoever
James A Baco
I V Peyton, a matony public of Fannie County Txas do further tesiffy that the said testimony was reduced to writing by myself in the persents of said witness and subscribed by said witness in my persence on this 23rd day of March AD 1878 In testimony where of i have hereunto set my hand and affixed the seal of my office this 23rd dy of march AD 1878
(Seal) V Peyton Commisioner
Notery Public Fannjie Co Texas
Probate
In the mattter of the last will of [March 30th 1878 Brice H Duvall] [Will proven) The commision heretofore issued from the court with the will of said Brice H Duvall, deceased annixerd directed to V Peyton Esq. to take the testimony of James A Baco one of the serksering witnesses to the said will was this day produced in court and filed and in appearing to the satisfaction of the court sa well by the testimony of John G Giffen owe of the subscribing witness heretofore
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