MIAMI COUNTY OHIO - WILL: BOONE, David H. (d. 1894) *************************************************************************** OHGENWEB NOTICE: All distribution rights to this electronic data are reserved by the submitter. Reproduction or re-presentation of copyrighted material will require the permission of the copyright owner. *************************************************************************** File contributed for use in USGenWeb Archives by Michael Reck moreck@juno.com October 8, 1996 *************************************************************************** Last Will and Testament of David H. Boone --------------- Filed 30 August 1894 Miami County Courthouse, Ohio. In the name of the benevolent Father of all, I, David H. Boone, do make and publish this my last will and testament. Item First: It is my will that all of my just debts and funeral expenses be first paid out of my estate. Item Second: After the payment of all of my just debts and funeral expenses, I bequeath to my beloved wife, Mahala Boone for and during her natural life, all the property of which I may ______________ (hardto read), personal, real and mixed, and hereby direct that she out of said estate and for her and myself a suitable monument of the value of four or five hundred dollas, my said wife to have full control during her lifetime of all said property and use such of same as may be necessary for her care and support. Item Third: After the death of my said wife, I will and bequeath to my brothers and sisters if living and to their heirs if they be dead, the following amounts to them, their heirs and assigns forever. Item Fourth: After the death of my said wife, I will and bequeath to her brothers and sisters, if living and to their heirs if they be dead, the following amounts to be paid them in cash. To the heirs of: Mary Ann Smith Five ($5.00) dollars Asa Pearson Five ($5.00) dollars Sada Malcom Five ($5.00) dollars the heirs of Wilbur Pearson Five ($5.00) dollars James Madison Pearson Five ($5.00) dollars Rilla Barnhart Five ($5.00) dollars Silas Pearson Five ($5.00) dollars to them and their heirs and assigns forever. Item Fifth: After the death of my said wife, and the payment of the legacies provided for in items three and four of my will and the payment of all necessary funeral expenses of my said wife, I will and bequeath to my niece, Luella Alexander, all the rest and residue of my estate of whatever nature, to her and her heirs and assigns forever. Item Sixth: Items three, four and five of my will on subject to the contingency my wife shall die without having issue of her and my body and in the event of such issue living at the time of my wife's death, then items three and four of this will are to be null and void and of no effect, and item fifth is to be so modified that the residue of my estate therein named shall be divided between or among said issue and said Louella Alexander, share and share alike, it being my intention to that said Louella Alexander as my own child in the distributation of my property. Item Seven: I hereby nominate and appoint my wife, Mahala Boone and my niece, Louella Alexander, Executrix of this my last will and testament and direct that they be allowed to administrate my estate without being required to give any bond as provided by statute. I desire that no sale and appraisement of my personal estate be made and that the court of probate direct the omission of the same, in presence of the statute. I hereby revoke all former wills by me made in testimony whereof I have signed by us in his presence and the presence of each other and at his request and we hereby certify that the word wife in item sixth was inserted prior to the signing of said will by said David H. Boone. By: Ellis H. Kerr Franklin Ausproch Filed August 30, 1894. Record of Wills, Vol. 6, page 495. ----- Additional Notes: Mahalia Pearson David H. Boone b. 10 June 1849 b. 9 September 1849 md. 24 February 1870, Miami Co., Ohio d. 18 December 1907 d. 22 August 1894 Mahalia Boone married second time to C.M. Davis on 24 February 1897, in Miami Co., Ohio. She was the daughter of James Madison Pearson, Sr., and Sarah (Robbins) Pearson of Miami County, Ohio. No further information available.