Will of Capt. Van McHenry
submitted by Nancy
April 29, 2001

1838 Van McHenry Will
Hamilton County, Ohio
Van McHenry        Deceased

It appearing to the court that on the 10th day of May A.D. 1838 the last Will and Testament of Van McHenry , deceased, was duly admitted to Probate Court Record in the Court of Common Pleas of Hamilton County, Ohio and the record of said will was afterwards by law transferred to the Probate Court of said county and that the original record of said will and the probate thereof upon the Record and Journal  of said court were destroyed in the burning of the Court House on March 29 A.D. 1884, but that the original will together with the endorsement thereon was preserved; it is now ordered by the Probate Court on its own motion that the record of said will and Probate thereof  be and the same is due by restored from said original Will and endorsement as provided by statute in the words and figures following to art State of Ohio, Hamilton County CC, Hamilton County Common Pleas:

Be it remembered, that on the day and year aforesaid, that the last Will and Testament of Van McHenry, late of this County, deceased was this day duly presented to the Court for Probate and Record clothed in the words and figures folllowing to wit;__

I, Van McHenry, of the Township of Crosby in the County of Hamilton and the State of Ohio, being far advanced in years and in a weak and low state of health, have thought proper to make and publish this my last Will and Testament. Rejoining my soul to my wonderful Redeemer and my body to the dust, to be decently buried at the discretion of my executors. And as to what worldly estate God has been pleased to bestow upon me in this life, I dispose of the same in manner and form following that is to pay:

Firstly,  I give and bequeath unto my beloved wife, Nancy, two feather beds and bedding such as she may choose or see proper to select, also my bay mare, woman's saddle and bridle, also my two cows and all my hogs, and one hundred fifty dollars in money and such cooking utensils as she may choose to select, and (seve or sere or several) (Diblers) such as she may choose to select, also my corner cupboard and (Buru), also all the furniture belonging to the same cupboard, also, I give unto her during her natural life the use of the two north rooms or bedrooms in my Dwelling house and all the woodland south of the Road (go?ing leading) to New Baltimore for the purpose of furnishing her with necessary finances during her natural life and also with one third of all the produce that may be raised on my farm during her natural life, together with one third of the pasture which may (grow) grain, orchard farm and as many apples as she may choose to make use of out of the orchard ( me and) farm and all the small grain now in stock at the barn which my son, Amos, delivered me for rent the present year and also all the rent. (from) that my son, Amos, and Edward (Burne) is to deliver me the present year, also with a suitable piece of ground near the dwelling house for a garden.

Secondly,  I give unto my daughter, Phebe (Bryant, Geryant,) (Cole. Cote), Phebe McHenry,  two feather beds with five horse made blankets or coverlets or bed quilts to each bed.

Thirdly,  I give and bequeath to my son, Joseph H. McHenry, one (bay) horse, known by the name of Chocteau, and my house and three lots in New Baltimore.

Fourthly,  I give and bequeath unto my son, Amos N McHenry, my (bay) horse and all my farm north of the road leading to New Baltimore, together with all the (improved?) land on said farm lying south of the aforesaid road, provided he pays on  (delivery) my widow during her natural life one third of all the produce that may be raised on said farm, the wheat, rice, or oats to be delivered in the (stack) near the barn on said farm.  Also, I give and bequeath to him after the decease of my widow, all the woodland that I have set apart for her use during her natural life.

Fifthly and lastly, the residue and remainder of my personal property not before disposed of, I order and direct my Executors as soon as it is convenient after my decease to sell at (Vendur, New due)  and the proceeds of the same to apply to the payment of my funeral expenses, and lawful debts.  I hereby renouncing and revoking all other and former wills by me made, and I do also hereby appoint my two sons,  Joseph H. McHenry and Amos N. McHenry to be my executors of this, my last Will and Testament, in witness whereof  I have hereto set my hand and seal this twentieth day of October in the year of our Lord One Thousand Eight Hundred and Thirty Six.

Van McHenry (seal) signed, sealed and declared by the testator to be his last Will and Testament.

N.B.  The residue of my property sold at (Vendue?) to be equally divided between my widow, and two sons, Joseph H McHenry and Amos N McHenry, Margaret Radcliff, Judah Willey.  Thereupon the same day Margaret Radcliff and Judah Willey, the subscribing witnesses of the last Will and Testament of Van McHenry (Deceased?) personally appeared in open court and were duly sworn examined according to law (tarching) the due execution of said will as appears from the (endorsement) of said will. Presented and proven by the subscribing witnesses and filed 10th May 1838. W H Harrison (Elk) Now hereto wit on the same day in said Court made an order herein as follows: In the matter of the last Will and Testament of Van McHenry, deceased.  The last Will and Testament of Van McHenry, late of this Court, was this day duly presented to the Court for Probate and Record.  Margaret Radcliff and Judah Willey the subscribing witnesses of said will, personally appeared in open court and duly sworn and examined according to law as (appeasing  appearing) from endorsements of said Will  the court being satisfied from the testimony so taken that said Will was duly executed and attested and that the testator at the time of the executing the same was of full age, sound mind, and memory and not under any restraints.  The court now admits said Will to Probate and orders the same together with testimony to be recorded according to the Statue in such cases made and provided .  This further ordered by the Court, that the said Will and the Probate thereof  be re-recorded and the same is now done. And that the same Record have the same force and effect as said original Record.

Herman C Goebel
Probate Judge