Will of Culbertson Park
submitted by Judy Tooman
June 2001

THE ESTATE OF CULBERTSON PARK

On 30 Dec 1833, CULBERTSON PARK, carpenter and furniture maker of Cincinnati, died.  A will signed by him on 7 Aug 1832 was filed with the Probate Court of Hamilton County, Ohio, on 4 Jan 1834 and is still on file although it was not his final will and was annulled.  His final will, written 6 Oct 1833, was filed a day earlier on 3 Jan 1834.  However, the final will and the probate records were destroyed in a Courthouse fire.  The final decree for his estate was not made until 28 Oct 1890, after a suit was brought against some of the surviving heirs.  The annulled will and the final decree follow.

Will.  CULBERTSON PARK, Deposited in the Hands of WATSON LEWIS for Safe Keeping and after said Parks Desease to be opened in presence of some of the family and 3 or 4 neighbours and read aloud and then Delivered to the Clerk of the Court of Common Pleas - Ham'n Co. Ohio

In the Name of God, Amen.  I CULBERTSON PARK of the City of Cincinnati & State of Ohio, considering the certainty of death & the uncertainty of this mortal life & being at present of sound disposing mind and memory and understanding do make & publish this my last Will & Testament in manner & form following that is to say after my Just debts & funeral expenses are paid---

I give & devise to my beloved Wife SARAH PARK One Third part of my Real Estate during her life, Also the large family Bible, the Psalm Hymn Books, my House Clock, my Silver Table & ten spoons and all other articles of silver ware together with all my household & kitchen furniture.  also all my library of Books provided my said wife receives this bequest in lieu of all claims of Dower upon my Estate----I likewise devise to my said wife my Pew in the First Presbyterian Church during her life and after her decease to remain in the family as a place of Worship for the use of my descendants-----

I give & bequeath to LOUISA LORD (being the reputed daughter of my son JOHN PARK) the sum of Five Hundred Dollars to be paid to her by my Executors out of the avails of my Estate------

I give to my daughter-in-law the widow of my late son JOHN PARK the sum of Ten Dollars & no more----

I give to the surviving children of my late son ARTHUR PARK to Each of them Five Dollars & no more & hereby exonerate and discharge their fathers Estate from all demands against him on Bond, Notes, Book of Account or Otherwise-----

I give to my Grandson CULBERTSON PARK SERGEANT the sum of Seventy five Dollars----

I give & devise to my four daughters to wit, ELIZABETH MERRIT, REBECCA FAGLY, MARY COLEMAN & HARRIET NASH the Income of my Estate after deducting my Wife's part agreeable to my bequest to her in this my Will, to go to them my said four daughters for & during the terms of their natural lives under the following reservations & restrictions - Whereas I have heretofore given to my daughter ELIZABETH MERRIT & to her family the sum of Nineteen Hundred & Two Dollars & Twenty five cents & to my Daughter REBECCA FAGLY & to her family the sum of Eleven Hundred & fifty Three Dollars - Now it is my will that after taking out my wifes part the remainder of the Income of my Whole Estate be estimated to which shall be added the Interest arising on the aforementioned sums & then divided into four parts deducting from the parts coming to ELIZABETH MERRIT & REBECCA FAGLEY the Interest on the aforesaid sums respectively in which a way as shall comport with impartial justice to all the parties---And if Either of my said Four daughters die without leaving surviving issue such share to go to the Survivors, share and share alike----

I Will & Devise to my Grand Children the Child or Children of my said four Daughters all my Estate, lands, Tenements, & heriditaments in the following order & under the following reservations - To the children of ELIZABETH MERRIT One Fourth part - To the children of REBECCA FAGLEY One fourth part- to the Child or children of MARY COLEMAN One fourth part - To the Child or Children of HARRIET NASH one fourth part - To them my said Grandchildren & to their Heirs forever---

Whereas as heretofore mentioned I have given to ELIZABETH MERRIT the sum of Nineteen Hundred & Two Dollars & Twenty five Cents and to REBECCA FAGLEY the sum of Eleven hundred & fifty Three Dollars.  It is my Will & desire that previous to the distribution of my Estate among my Grand Children that there shall be a strict estimate of the value of my said Estate to which shall be added the aforementioned sum of Money & then divided into four parts, deducting from the shares coming to the children of ELIZABETH MERRIT and REBECCA FAGLEY in proportion to the several amounts in such a way as to comport with impartial justice to all the parties----I give & bequesth to my said Grandchildren the children of my said four daughters all the rest residue remainder of my Estate in the order as herein before set forth, to them & their Heirs forever----And it is further my Will that if Either of my said Grandchildren should die before he, she, or they shall arrive at the age of maturity that the part coming to Such children to go to the Surviving Brothers & Sisters share & share alike.  Whereas the death of (blank) MERRIT I have had to provide for my daughter ELIZABETH MERRIT a house to live in & market money & other accommodations an accurate account of which I have not kept but which I Estimate at Two Hundred Dollars this sum I wish to be added to the sum of $1902.25/100 and she to draw from the Income of my Estate according to the stipulations herein before mentioned & whatever & further sums of money I shall be induced to supply her with during my life - I shall keep a strict Account of hereafter & it shall be summed up by my Executors after my Decease & to be added to the sums heretofore mentioned & be calculated & settled as herein before mentioned as to the other advances.

And Lastly I do hereby constitute my friends JOHN JOLLEY & JAMES H. SPEER my Executors of this my last will & testament revoking all others by me heretofore made - Given under my hand & Seal this Seventh day of August 1832.
(Signed) Culbertson Park
Signed Sealed & Delivered and Pronounced & declared by the above named Testator as his last Will & Testament in his presence & in presence of Each other at his request have signed our names as Witnesses Thereto
WATSON LEWIS
JONATHAN W. WILLIAMSON
ABNER NEWMAN

Filed by Watson Lewis, Jany 4th, 1834

It being made to appear, by evidence, of witnesses and documents, and original records of this court, that there is manifest error in the entry reviving the will of CULBERTSON PARK as recorded in the "Will Records”: Volume 7, pages 332, 333 & 334: and that the document therein set forth as the last will of said CULBERTSON PARK deceased is not in truth and in fact his last will and was not probated but that the same was superceded and revoked by another will subsequently made, and duly probated before said document in said entry recorded had been filed and therefore it is ordered adjudged and decreed that said entry as to record be and the same is hereby set aside annulled and held for naught.

This cause coming on to be heard upon the petition of the plaintiff, and the Court finding that due notice has been given of the object and pendency of said suit, and that the parties have been duly notified thereof, and having failed to plead or answer or demurrer thereto the Court proceeded to try said cause and having heard the testimony do find that one CULBERTSON PARK died seized of a large and valuable real estate situate in the City of Cincinnati, and a portion of which is more fully described in the petition, and that by his last Will and Testament dated October 6, 1833 he devised his said real estate and other property towit:

To his wife SARAH PARK the one third of all the real estate belonging to him at his dicease for the term of her natural life, and in addition thereto all the kitchen and household furniture to him belonging.  That said will gave to the Children and legal heirs of his son ARTHUR PARK deceased Five hundred dollars each, to his daughter HARRIETT NASH, wife of BONERGES NASH One thousand dollars and no more as she has twice married without my consent and aprobation, and the second time especially after subjecting me to much trouble and expense to obtain for her a dissolution of her former marriage, that the remainder of his estate was to be divided equally between his daughter ELIZABETH MERRITT, REBECCA FAGLEY, wife of CALEB FAGELY, and Mary PARK charging Elizabeth Merritt share with $2250. 75 and Rebecca Fagely share with $1153.00 monies before that time advanced to them.

The Court do further find that SARAH PARK his wife was named in said will as the Executrix of said estate.

The Court do further find that on the third day of January 1834 the said last Will and Testament of CULBERTSON PARK deceased dated October 6, 1833 was presented to the Court for record and the same was duly admitted to probate on the 3rd day of January 1834, and that such proceedings had thereon, and the same admitted to probate and letters testimentary were granted to said SARAH PARK Executrix named in said last will, and said will together with the probate thereof was duly recorded in the Court of Common Pleas of Hamilton County, Ohio in Volume 3, page 577.

The Court do further find that the original will together with the record of probate of same has been destroyed by fire and that a certified copy of said will or record of probate cannot be found.

The Court do futher find that the plaintiffs in this case hold the title to the real estate described in said petition by virtue of conveyances made by the said REBECCA FAGELY wife of CALEB FAGELY, ELIZABETH MERRITT and MARY PARK the legatees described in said will, and which passed to them by virtue of said will, and that the title to said real estate has been destroyed, impaired by virtue of the loss and destruction of said will and the record thereof.

It is therefore ordered, adjudged
JOHN B. PEASLEE, Clerk
by R.H. BECK, Deputy
decreed that a decree finding that the facts above set forth be entered in the office of the Probate Court of Hamilton County Ohio, where the original record existed, and the costs of these proceedings be paid out of the County Treasury.

State of Ohio} SS.
Hamilton County
I John B. Peaslee, Clerk of the Court of Common Pleas, within and for Hamilton County, do hereby certify that the foregoing is a true and correct copy of an Order made by the said Court on the 25 day of October 1890, Min. 162 &163
Witness my hand and the Seal of said Court, at Cincinnati, this 28 day of October A.D. 1890    (Signed) John B. Peaslee Clerk, by R. H. Bech, Deputy