August 19, 2005
Last Will and Testament of DANIEL SCHENCK, Hamilton Co., OH.
Written 20 January 1836 Filed 3 July 1838 Recorded Page 222.
Bond $1000, Security: John Wilson, James Sampson
Appraisers: Richard Chamberlain, Jesse Pearson, Christopher Constable.
In the name of God Amen. I DANIEL SCHENCK of the County of Hamilton and State of Ohio being of sound mind and memory and knowing that it is appointed for all mankind once to die and not knowing when it may please God to call me hence have thought proper to make and constitute this my last will and Testament in the words and manner following: First, all my debts and funeral expenses to be first paid out of my personal property.
Second, I will and bequeath unto my loving wife MARGARET one third of the proceeds of the farm I now reside on containing two hundred and two acres with the use of one half of my house and kitchen, also one horse, saddle and bridle, also all such personal property as are allowed widows by law without being accountable for as a part of their husband’s estate to have and hold the same so long as she remains my widow, but if she should marry she shall give up the use of my house and the use of my farm or real estate and receive three hundred dollars in money if there should be so much money on hand belonging to my estate, if not, to be paid as soon as said sum can be made of the estate.
Third, I will unto my son JOHN the farm I now reside on containing two hundred and two acres, to get possession of the same when he arrives at the age of twenty-one years or on his wedding day if he should marry before he arrives at that age, except the use of the one third already disposed of to his mother during her widowhood, which he shall receive when her claim ceases. Also he shall receive the use of two thirds of said farm from my death until he arrives at the age of twenty-one years or marries for the purpose of raising and educating him or the use of all my farm if his mother’s claim should cease before that time for the same purpose.
I constitute and appoint and give full power to my executors hereinafter named to sell and convey a certain tract or quarter section of land lying and being in Preble County I purchased of the heirs of John Crumel, deceased, to be sold as soon as it can be sold to advantage to my estate after its lease expires, given on said tract of land, and the proceeds of said sale and all money on hand after my estate is settled my son JOHN is to receive.
Fourth, I will and bequeth unto my son WILLIAM twelve hundred dollars in addition to what he has received to be paid before or after my death.
Fifth, I hereby appoint and constitute DAVID KENNEDY & WILLIAM BAXTER executors of this my last will and Testament revoking and disannulling all former wills by me made and establishing this my last will and Testament in testimony whereof I have unto set my hand and seal this twentieth day of January in the year one thousand eight hundred and thirty-six.
(signed) Daniel Schenck (seal)
Witnesses present:
Richard Chamberlain
John R. Schenck
Thomas Goodall
Jos. Sampson
S. J. Miller