A review of Josiah's will which can be found in the Ohio, Probate Records, 1789-1996 at FamilySearch tells us that Josiah wrote his will on April 7, 1808 when his wife Deborah Marshall Shackford was still living. She died in 1826 so may have not known the specifics of his will which left his real and person estate to his beloved nephews and nieces to be equally divided among them. Josiah did not list his nephews and nieces in the will but did add a clause that stated that if any of them brought suit for the recovery of more than their equal proportion, that their share shall be given to the poor in the town where they reside.
From the probate records we see that John H Thornton was given the task to administrate the will and Anson Kimney, Wilson Tatis?, and James Sodwick? were given the duty to appraise Josiah's estate. We also know that Josiah's death was reported in the newspapers in Portsmouth New Hampshire on Oct 6, 1829. We don't know the size of Josiah's estate or which nephews or nieces were the recipients of this estate, however we anticipate that someday additional estate records will be available online. Or perhaps we'll head out on a road trip to visit Scioto County and look for these records in person.
CAPTAIN JOSIAH SHACKFORD'S WILL
No 48 Josiah Shackford
In the matter the last will and
Testament of Josiah Shackford Dec
At a court of Common Pleas
continued and held in and for the County of Scioto at the
Court House thereof in the Town of Portsmouth on Friday
the 21st day of October AD 1829 and of our State the 27th
Present The Honorable Thomas Irwin Treadint? - David
Wischel John Collins and William Oldfield Esq
associate Judges
This day the last Will and Testament of
Josiah Shackford was produced in of in Court - and there
upon Jacob Offner and George W Clingmantivo of
the subscribing witnesses thereto came ???? in to Court and
duly sworn depose and saith that they subscribed
said will in the presence of the testator and at his req-
uest that they verily believe that the said decedent
was of sound and disposing mind and memory and
that the declared the same to be his last will and
testament whereupon on motion it is ordered that letters
of administration with the will annexed issue to
John H Thornton and it is further ordered that Anson
Kimney Wilson Tatis and James Sodwick who being
first duly sworn to appraise in current money the
goods and chattels of the said deceased which said
will is as follows to wit WILL
In the name of God Amen I Josiah
Shackford of the Town of Portsmouth in Scioto County
and State of Ohio being in sound mine and understan-
ding but knowing the uncertainty of life do make this
my last will and Testament in manner and form following.
That is to say I give and bequeath unto my Beloved
nephews and nieces all my real and personal estate to
be equally divided amongst them.
It is my further will that should any of the legates go
to law or bring any suit or suits for the recovery of
more than an equal proportion of my Estate as before men-
tioned then and in that cusr I do further give and bequeath
his or their share of the same to the poor of the Town
they reside in
In witness whereof I have hereunto set my hand and seal
this 7th day of April AD 1808.
Josiah Shackford
Witnesses present at signing
Jacob Offner
Aaron Kinsey
George H Clingman
SOURCES:
Bowers Ruth and Anita Short, Gateway to the WEST Volume 2, Scioto Co., Will Abstracts, 1809-1836 (Genealogical Publishing Co., Inc., 1989), page 505; digital images, Ancestry.com
"DIED.," New Hampshire Gazette (Portsmouth, New Hampshire), 6 October 1829; digital images, NewsBank (infoweb.newsbank.com : accessed 20 May 2014), America's Historical Newspapers
(http://www.ancestry.com : accessed 21 May 2014
Brewster Charles W, Rambles About Portsmouth Second Series. Sketches of Persons, Localities and Incidents of Two Centuries (Portsmouth, N. H.: Lewis W. Brewster, 1869), page 219; digital images, Hathi Trust (http://babel.hathitrust.org : accessed 16 May 2014
Josiah Shackford's Will Proven; "Ohio, Probate Records, 1789-1996," digital images, FamilySearch (: accessed 21 May 2014); Scioto, Wills 1810-1876, Image 25, Image 61
Copyright 2014 Joanne Shackford Parkes