Cornthwaite Family - Francis Cornthwaite Will - page 2

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named or their legal representations.

     I also direct that the remaining tenth part, after deducting from the Same the amount that may be due, at my death, on two notes described as follows; one dated  [J?] 13th 1865, for $850.45 payable to my Order, made by B. W. Hortley and Elizabeth Hortley, and bearing eight per cent interest, and the other dated June 5th. 1858, for $175.00 due one year after date, payable to my order, made by B.W. Hortley, and bearing eight per cent interest, shall be paid by my said Executors to my daughter Elizabeth Hortley.

     Eight: I direct that the above described two notes shall be counted by my Executors as a part of my Estate at the amount that may be due thereon my death.

     Ninth. Heretofore a partnership was formed between myself, my Sons Francis Cornthwaite and John Cornthwaite and my Son-in-law B.W. Hortley, in the manufacturing of Tobacco, all being equal partners, in which business I now believe there will be a loss of from $3000.00 to $4000.00. I direct my Executors, after they shall have ascertained how much of the loss in said business Shall be to each of the above named partners. Shall require my said sons Francis Cornthwaite and John Cornthwaite for themselves respectively and my daughter Hortley, wife of Said B.W. Hortley for her Said husband out of the Share above devised to then respectively by me in this will to Settle the Share of Said loss in Said Tobacco business properly belonging to Said Francis Cornthwaite, John Cornthwaite and Said B. W. Hortley, and thereby Save my Estate from bearing anymore that its proper Share of Said loss, and in case they or either of these refuse or neglect to settle their Share of Said loss as above Specified, that my Executors retain out of the Share hereby devised to Said Francis Cornthwaite enough to settle his Share of said loss, out of the Share hereby devised to my daughter Elizabeth Cornthwaite enough to Settle the Share of the loss properly belonging to her husband B.W. Hortley. I do make this provision in order that my other children shall not suffer any portion of the loss in Said Tobacco Business which they ought not to bear.

     In witness whereof, I have hereunto Set my hand and Seal this 27th day of April A.D.1867.                                                                                                                Francis Cornthwaite {seal}

The above instrument declared to us by Francis Cornthwaite, the Testator therein mentioned, to be his last Will and Testament was at the date thereof acknowledged by him to each of us and was Signed and Sealed by him in the presence of each of us, we each at his request, and in his presence and in the presence of each other, Signed our names thereto as attesting witnesses.

James Hardin

Alex. F. Heume

The State of Ohio, Butler County, Ss:-

     Probate Court within and for the County of Butler and State of Ohio said, holden at Hamilton in the Said County of Butler, on the 20th day of May, One thousand eight hundred and Sixty-Seven, before the Honorable Joseph Traber, Judge of Said Court of Probate; the within or before written last Will and Testament of Francis Cornthwaite, who is now deceased, being presented for Probate by Thomas Cornthwaite and Francis Cornthwaite the Executors therein named. And James Hardin and Alex. F. Heume, the subscribing witnesses to the Said last Will and Testament, appearing in their proper persons in Said Court, and being duly Sworn, Severally depose and Say, and each of them for himself deposeth

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