Will of Joseph Huron McHenry
submitted by Nancy
April 30, 2001

Will of Joseph Huron McHenry 1798-1864
Hamilton County, Ohio
Joseph McHenry                Deceased

In appearing to the Court that on the 20th day of September A D, 1864, the last Will and Testament of Joseph McHenry, deceased, was duly admitted to Probate and Record in the Probate Court of Hamilton County, Ohio and that the original record of said Will was partially destroyed in the Burning of the Court House March 29 /a d 1884  that the said original will cannot be found. It is now ordered by the Court on its own motion , that the Record of said Will be and the same is hereby restored as far as may be from said original Record as provided by Statue in the words and figures following to wit; Pleas at the courthouse in Cincinnati in the County of Hamilton and the State of Ohio, of the Hamilton County Probate Court, at a session thereof held at the place aforesaid on the 20th day of September in the year of our Lord one thousand, eight hundred, sixty-four before the Honorable Edward Woodruff Sole Judge of said Court. State of Ohio, Hamilton County, SS Hamilton Probate Court.

Be it remembered that________ of this County deceased was this day presented to the Court for Probate, clothed in the words and figures following to wit:

In the name of the Benevolent Father of all:  I, Joseph H. McHenry, Sen., of the County of Hamilton and State of  Ohio, do make and publish this my last Will and Testament :
(It 1st)  I give and devise to my beloved wife, Nancy, in lieu of her dower, the farm on which we now reside in Colerain Township in the County of Hamilton  and  State of  Ohio, being in Section three fractional Sections Nine and four, containing about two hundred and ninety five acres, during her natural life time and all the proceeds thereof, all the household goods, furniture, and provisions on hand at my decease, also my (dun) horse, and also her choice of  two cows from the number remaining at my decease, during her natural life as aforesaid, at the death of my said wife, the real estate aforesaid  and give and devise to Samuel P. McHenry, Joseph McHenry, Jun., Thomas P. McHenry, my sons, and to Sarah McHenry and  Mary E McHenry, my daughters, to be equally divided among them.

To my daughter, Susan, I give and devise the sum of one hundred and fifty dollars.

To my daughter, Phebe, the sum of one hundred and  fifty dollars.

To my daughter,  Elizabeth, the sum of one hundred and fifty dollars.

To my son, Van McHenry,  the sum of two hundred dollars.

To my grandson, Joseph F McHenry,  the sum of two hundred dollars,

To my grand daughter, Elizabeth  R. Crowel, the sum of two hundred dollars.

To be paid equally by the recipients of the real estate at the expiration of five years from decease of my wife aforesaid, the real estate to be held or bound for the payment of the several sums as before.

Item 2nd:  I do hereby authorize and __ my executors to compromise discharge in ______if it shall become necessary in order to pay my debts to sell  by private sale or in such manner upon such terms of credit or otherwise as they may think proper , all or any part of my real estate contained in Section three and fractional section nine and deeds to purchasers to execute, acknowledge, and deliver in fee simple:

Item 3rd :  I do hereby nominate and appoint Samuel P. McHenry and Joseph McHenry, my sons, Executors of this my last Will and Testament.  I do hereby revoke all former wills and testaments made by me.

In testimony hereof , I have hereunto set my hand and seal this 10th day of December in the year, one thousand, eight hundred, sixty-three (1863) .
Joseph H. McHenry, seal

Signed and acknowledged by Joseph McHenry, Sen. As his last Will and Testament in our presence and signed by us in his presence,  A. E. West and Jos. K Foster.

Whereupon A E West and Jos K Foster, the subscribing witnesses thereto appeared and testified in open Court and their testimony reduced to writing in form following to wit:
The State of Ohio, Hamilton County, SS Hamilton County Probate Court, Probate of the last Will and Testament of Joseph H. McHenry, deceased, presented on the 20th day of  September A D  1864.  Personally appeared in open Court, A E West and Jos K Foster, the subscribing witnesses of  the last Will and Testament of  Joseph H. McHenry, deceased, who being duly sworn according to law, to speak the truth, the whole truth, and nothing but the truth in relation to the execution of said Will , depose and say that they were present at the making of said Will and at the request of the deceased subscribed their names to said Will as witnesses: That they saw the said Joseph H McHenry , deceased, sign and seal said Will and heard him acknowledge the same to be his last Will and Testament ;  that the said, Joseph H McHenry, at the time of making, signing, and sealing, said Will of legal age and of sound mind and memory and under no unlawful restraint whatsoever.
Sworn to and subscribed in open Court this 30th day of  Sept A D 1864.
Signed A E West and Jos K Foster.

Now here at the session of our said Probate Court, first aforesaid on the 20th day of September in the year of our Lord one thousand eight hundred and sixty-four.  Probate of the last Will and Testament of  Joseph H McHenry , late of this county, deceased,  was this day decreed by said Court as follows to wit;

In the matter of  the last Will and Testament of  Joseph H McHenry, deceased. The last Will of Joseph H McHenry, deceased, late of Hamilton County, Ohio was this day presented to the Court for Probate and A E West and Joseph K Foster, the subscribing witnesses, to said Will now coming in open Court were duly sworn and examined according to law and the testimony of both of said witnesses reduced to writing and filed:  And  the Court being satisfied from said testimony that the said Will was duly executed and attested and that the  said Testator at the time of executing the same time was of full age, sound mind, and memory and under no unlawful restraint, it is now ordered by the Court that the said Will together with the testimony of the witnesses thereto be recorded according to the Statue in such cases made and provided.  And now on motion Letters Testamentary on said Estate are granted unto Samuel P McHenry and Joseph McHenry, the executors nominated by said Will of said Joseph H McHenry.  The Court thereupon ordered said Executors to file Bond in the sum of $4000 (four thousand dollars) before entering upon the discharge of their duties as such Executors;  Whereupon they accepted said appointment, filed a statement of the personal property of said Estate and present their Bond as ordered.  With A E West and Thomas P McHenry as sureties which Bond is approved and Letters issued duly stamped, Christopher Callenberger. Mathew Duvall, and William Sater are appointed as appraisers.  Nancy McHenry, widow of the testator, having expressed her desire to elect to take under the provisions of said Will and the Court having fully made known and explained to her, her rights under the law, as well as under said Will, her said Election is accordingly entered on the Records of this Court.

Edwd Woodruff  Probate Judge

See Common Pleas "Entry" Page 610

It is further ordered by the Court that the said Will and the Probate thereof be re-recorded and the same is now done and that said Record have the same force and effect as said original Record.

(/sugned) Herman Goebel   Probate Judge.