Delaware-Union County OhArchives Wills.....Schmitt, Wilhelm December 15, 1887 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/oh/ohfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Virginia Smith vsmit8@columbus.rr.com August 11, 2006, 10:50 pm Source: Delaware County Probate Court Written: December 15, 1887 Will of Wilhelm Schmitt 6275 In the name of the Benevolent Father of all, I Wihelm Schmitt of the City of Delaware, County of Delaware and State of Ohio, being of sound mind and memory do make and publish this my Last Will and Testament. Item First I will that my funeral and last sickness expense and all debts be paid out of my Chattels, not herein absolutely devised. Item Second I give and devise to my beloved wife in lieu of her dower the dwelling house where we now live, in Lot. No 1041 and part of in Lot No. 1040 between the fences as they now stand, Situated on East Central Avenue in the City of Delaware, Ohio, for and during the term of her natural life. At the death of my said wife the real estate aforesaid, I give and devise, to my daughter Mary Schmitt, for and during the term of her natural life, and then I devise and bequeath the Same to her children, heir of her body begotten. If, however, My daughter Mary Should die leaving no children or heirs of her body, then, subject to the life estate of my wife as aforesaid, I devise and bequeath said real estate, by this item of my will devised, to my heirs generally. Item Third I give and devise to my beloved wife during the term of her natural life, provided she does not again marry and that my daughter Mary remains on the farm where she now is or does not marry. The double brick house in Lot No 1039 and part of in Lot 1040 as now fenced, situated on East Central Avenue in the City of Delaware, Ohio. And I stipulate that my said wife shall pay all taxes and keep up insurance and keep the same in as good repair as it now is. So long as she lives or does not get married. At the death of my said wife, or should my wife marry then at that date, the real estate devised in this item of my will, I give and devise to my said daughter Mary for and during the term of her natural life, and then I devise and bequeath the same to her children heirs of her body; Provided however that should my daughter Mary not remain on the farm where she now is, but reside with her mother, or get married, then at that time, should either of said events occur, the interest and estate of my said wife in one half of said double brick dwelling, devised in this item of my will shall cease, and my said daughter Mary Shall receive one half of the rents from said house, or Should she be married or become married if she desires she may use the same to live in and have choice of sides or halves of said house. If however my said daughter Mary Should die leaving no children, heirs of her body, then the property devised by this item of my will, subject to the estate as aforesaid of my said wife, I give and devise to my heirs generally. Item Four I give and devise to my beloved wife during the term of her natural life, and provided she does not again marry my farm of about three hundred and thirteen acres Two hundred and seven of which is in Survey No 2992 and One Hundred and Six acres is in Survey No 1573, in Mill Creek Township Union County, Ohio. As the annual rents arising therefrom as is herein after provided should both or either of my Sons, William and Frank continue to live and reside thereon during the continuance of the estate of my said wife as is herein after provided. At he death of my said wife or Should She again marry then from that date, I give and devise to my said Son Frank Schmitt, One Hundred and Fifty acres off the east side of the farm, by this item of my will devised for and during the term of his natural life, and at his death, I devise and bequeath the same to his Children, heirs of his body begotten, however subject to the aforesaid estate of my said wife. Taking and including that portion of said farm for my said son Frank, described as follows; beginning at a point in the center of the public road, which is north of said 207 acre tract in Survey No 2992, far enough west of the N.E. corner of said tract, that a line running South, parallel with the East line of Said tract, to the center of the Pike South of Said 207 acre tract that the portion of Said 207 acre tract East of said line will contain One Hundred acres of land and no more, Thence East along the center line of said pike to the South East corner of Said 207 acre tract; Thence North with the East line of Said tract to the N.E. corner of Said tract; Thence West along the center of the public road to the place of beginning. Also Fifty acres off the East side of the One Hundred and Six acres tract in Survey No. 1573 Beginning in the center of the pike North of Said 106 acre tract at a point far enough West of the N. E. Corner thereof, that a line running South, parallel with the east line of 106 acre tract, to the South line of Said tract; that the portion of said 106 acres tract East of said line will contain Fifty acres and no more. Thence East along the South East line of said 106 acre tract to the South East corner thereof; Thence North along the East line of said tract to the N.E. corner thereof; thence West along the center of the Pike to the place of beginning. If however my Said Son Frank Should die leaving no Children, heirs of his body, then the lands by this item of my will, devised to Frank, I devise and bequeath to My Son William for and during the term of his natural life and then I devise and bequeath the same to my heirs generally, Subject however to the estate of my said wife as aforesaid. At the death of my said wife, or should she again marry then at that date, I give and devise to my son William Schmitt the residue of my said farm devised in this item of my will (after deducting that portion herein devised to Frank), Said portion devised to William contains about One Hundred and Sixty three acres for and during the term of his natural life, and at his death, I devise and bequeath the same to his children heirs of his body begotten. If, however my said Son William Should die leaving no children heirs of his body, then the lands by this item of my will devised to William I devise and bequeath to my son Frank for and during the term of his natural life, and then I devise and bequeath the same to my heirs generally subject however to the estate of my Said wife as aforesaid. Item Five I give and devise to my beloved wife during the term of her natural life, or so long as She does not get married, by business property Situated on the corner of Richmond and Bay Miller Streets in the City of Cincinnati, Ohio, And it is incumbent on my said wife to pay all taxes, keep up Safe insurance, and pay all expenses of keeping said property in as good repair as it is now, so long as her estate continues. At he death or marriage of my said wife, I give and devise to my Son Daniel Schmitt, a one half interest in the property devised in this item of my will, for and during the term of his natural life, and the Trustee named herein or Successor or any one appointed in his Stead is Authorized to pay income to my Said Son Daniel One half of the net income arising from the property in this item devised, after paying taxes, insurance, and expenses as is hereinafter provided. At the death of my Said Son Daniel I devise and bequeath the one half of Said property to his children heir of his body, If however my said Son Daniel Should die leaving no children heirs of his body, I devise and bequeath Said property devised to Daniel, Share and Share alike, to the children of my daughter Katie Hilker And if no children of my said daughter Katie or heirs of her body are living at the death of Daniel then I devise and bequeath Said property to my heirs generally, Subject to Estate of my said wife as aforesaid. At the death or marriage of my Said wife I give and devise to my daughter Katie Kilker a one half interest in the property devised in this item on my will for and during the term of her natural life and the Trustee named herein or Successor or any appointed in his Stead, is authorized to pay onto my Said daughter Katie One half of the net income arising from the property in this item devised after paying taxes, insurance and expenses as is hereinafter provided. At the death of my Said daughter Katie, I devise and bequeath the one half of Said property in this item devised to her children heirs of her body. If however my Said daughter Katie Should die leaving no children heirs of her body, I devise and bequeath Said property devised herein to Katie, Share and Share alike to the child that Daniel may have living, if any at the death of Katie, but if Daniel nor Katie have no children living at the death of Katie, then I devise and bequeath said property to my heirs generally, Subject however to the estate of by said wife as aforesaid. Item Six It is my will and I do hereby direct and empower my esteemed friend William H. Smith of the City of Cincinnati, Ohio, a Trustee for my Said Son Daniel and daughter Katie, for the purpose at the decease or marriage of my said wife to take charge, possession and control of said property in Cincinnati Ohio and by the Fifth item of this my will devised, and hold the same for the benefit of said Daniel and Katie so long as either may live, paying to each the net one half of the rents income and profits arising from Said property, after paying all taxes and expenses of keeping the same in good repairs as it is now and the cost of keeping said property fully insured. If my friend William H. Smith Should not be living at the death or marriage of my Said wife, or decline to act as trustee, then I request the Probate Court to appoint Such person as such trustee or any succeeding trustee, as may be Selected by Daniel and Katie; if they refuse or neglect to Select a suitable person then the Probate Court Shall appoint Such Said trustee and said trustee, Shall be allowed such reasonable compensation as said court may allow, and be required to keep Said property under lease from year to year to best advantage. and pay out the net rents quarterly of and all year to said Daniel and Katie, and in the event either die said Trustee shall pay the Share of the deceased out to the person legally entitled thereto by the terms of this my will. Item Seven I give and devise to my said Sons William and Frank and to my daughter Mary, in addition to what is herein devised to each of them, all claims or demands due me from them, at my death, for rents of the farm they now occupy, or for any claim or demand for Stock, implements, grain, or any other thing whatever turned over to them, at the time they took possession of Said farm or Since being in possession of said farm, and this devise in this item of my will is, and shall be, an Effectual discharge and release for each either in all of said William, Frank and Mary, from any claim due or coming due me or my estate, or any heir or heirs thereof for rents of said farm or anything or transaction connected therewith. Item Eight I give and devise, absolutely, to my beloved wife in lieu of her dower all my household goods, furniture, and provisions in possession at my death. Item Nine It is my will and I stipulate and provide that my said Sons William and Frank Shall have the possession, at my death of their respective Shares of said farm, as is devised by the Fourth item of this my will, under condition that they each pay onto my said wife for his respective share of said farm One Hundred Dollars per year, an Said rent is hereby created and made a lien and a charge on each Separate Share of said William and Frank. Item Ten I give and devise to my beloved wife in lieu of her dower the residue of all my chattel in money, claim notes, bonds, or of whatever name in kind not herein disposed of, after paying all debts and expenses of administration therefrom, to be used by her and disposed of by her in any manner and amount she may choose, So long as She does not get married, but in the event she intermarry, what ever remains of said chattels undisposed of, I give and devise to my heirs generally. Item Eleven I do hereby nominate and appoint my beloved wife Mary B. Schmitt, Executor of this my last will and testament, Hereby authorizing and empowering her to compromise, adjust, release and discharge in such manner as She may deem proper the debts and claims due me, not herein Specifically released. I recommend to my said wife that she call to her assistance either to act with her in the administration of my said estate or to advise and assist her as attorney in the administration of the same my friend N. F. Overturf, or Should She prefer she may Select any other person to act with her in the administration of my said estate, I further advise that she entrust my said friend N. F. Overturf to assist her in the management of her affairs. Except that she continue my esteemed friend William H. Smith of Cincinnati Ohio to act as her agent for the property in Cincinnati as he has for me. I hereby revoke all former wills by me made, In testimony whereof I have hereto Set my hand and Seal this fifteenth day of December ___1887. Wilhelm _Smith Seal Signed and sealed in our presence by the above named Wilhelm Schmitt and at his request signed by us in his presence. Martin Miller Leopold H. Holzmiller File at: http://files.usgwarchives.net/oh/delaware/wills/schmitt14nwl.txt This file has been created by a form at http://www.genrecords.net/ohfiles/ File size: 14.0 Kb