Miami County OhArchives Wills.....Harter, Jacob Dove February 24, 1865 ************************************************ 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: Elizabeth Tilton eftilton@concentric.net October 14, 2007, 11:29 pm Source: Transcribed By Elizabeth Tilton From A Photocopy Of The Original Will Written: February 24, 1865 In the name of the Benevolent Father of All. I, Jacob D. Harter of Troy, Miami County Ohio, do make and publish this my last will and testament. Item 1st. I give and bequeath to my beloved wife the whole premises house and lot where we now live, and a Three Acre lot more or less in Staunton Township now owned by me to her in fee simple, and all the stock, household goods, furniture, provision and other goods and chattels which may be thereon at the time of my decease, and Three Hundred & Fifty Dollars in money every year during her natural life, to be paid to her out of my Estate by my executors hereinafter named, and if my executors think that is not sufficient they shall give to her as much more as they may think is necessary for her support. Item 2nd. I will and devise that all Notes and Book Accounts which I may have against any of my heirs at the time of my decease shall be deducted from their respective portions of my Estate. Item 3rd. I will and devise after the payment of all my just debts and after making provisions for the support of my wife as specified in Item No one. The residue of my estate shall be divided equally among all my children, if living, or the heirs of their bodies if dead. Share and Share alike subject to the provisions in regard to Notes and Book Accounts in Item No two—Except the share of Louisa Harter daughter of my son Darius S. Harter deceased whose share shall be put on half of what would be due to her Father if living. And from that half is to be deducted all the Notes and Book Accounts I have charged against her Father. And except the share that would be inherited by my son Mathias L. Harter shall be inherited by his wife Jane A. Harter subject to the Notes and Book Accounts I have against her husband Mathias L. Harter. And except as to my son William Franklin Harter it is my request and desire that he shall not have any interest in my Estate whatever and that he shall not pay any Book Accounts that I may have charged against him, as I have already provided for him by Deed. And it is my wish and desire that he shall not be required to pay anything for what he has received. Item 4th. I do hereby nominate and appoint my son Samuel K. Harter and John Scott of Elizabeth Township in this County—Executors of this my last will and testament hereby authorizing and empowering them to compose adjust release and discharge in such manner as they may deem proper the debts and claims due me. I do also authorize and empower them to sell by public or private sale or in such manner upon such terms of credit as they may think proper all or any part of my real estate and deeds to purchasers to execute and acknowledge and deliver in fee simple. I do hereby revoke all former wills by me made. In testimony hereof I have hereon set my hand and seal this 24th day of February in the year 1865. J.D. Harter {seal} Signed and acknowledged by the said Whereas I Jacob D. Harter on this 24th day of February in the year of our lord 1865, made my last will and testament of that day, do hereby declare the following to be a codicil to the same. I do hereby give and bequeath to my son William Franklin Harter, in lieu of my former provision, made for him by deed ($12,000) Twelve Thousand Dollars, to be paid to him by my executors at my death or he shall have the privilege of taking the farm lately purchased by me known as the Symmes farm, at the appraised value, to be appraised by three judicious freeholders of this county, that he and my executors may agree upon, and if they can not agree then the Probate Court of this County shall appoint and both parties shall be bound by the appraisement, and if it shall be appraised at more than ($12,000) Twelve Thousand Dollars, then he shall pay to my other heirs or executors the amount found to exceed ($12,000) Twelve Thousand Dollars and shall have a reasonable length of time to make his payments, and if my estate shall accumulate by the death of any of my heirs or by any other manner, so that an equal division among them including their indebtedness to me shall give to each more than ($12,000) Twelve Thousand Dollars, then my son William Franklin Harter shall share equally with them, but if it does not amount to ($12,000) Twelve Thousand Dollars each or any of them, it is my intent & desire that my son William Franklin Harter shall have the sum of ($12,000) Twelve Thousand Dollars without any deduction whatever. In testimony whereof I have hereto set my hand and seal this Twenty first day of May A.D. 1866. J.D. Harter {seal} Signed and acknowledged by said Jacob D. Harter as his last will and testament in our presence. And signed by us in his presence. C.H. Culbertson W.M. Culbertson Whereas I Jacob D. Harter on the 24th day of February in the year of our Lord 1865 made my last will and testament of that day and on the 21st day of May A.D. 1866 made my first codicil thereto, do hereby declare the following to be a second Codicil to the same. I do hereby give and bequeath to my daughter Catharine Randolph that portion of my estate that would have been inherited by my son Newton J. Harter if he had lived, in addition to the amount provided for her by me in my will above referred to. In testimony whereof I have hereunto set my hand and seal this 13th day of August A.D. 1866. J.D. Harter {seal} Signed and acknowledged by said Jacob D. Harter as his last will and testament in our presence, and signed by us in his presence. C.H. Culbertson Wm. M. Culbertson Whereas: I Jacob D. Harter, on the 24th day of February in the year of our Lord 1865, made my last will and testament of that day and on the 21st day of May A.D. 1866 made my First Codicil thereto, and on the 13th day of August A.D. 1866 made my Second Codicil thereto do hereby declare the following to be a Third Codicil to the same. I do hereby nominate and appoint my son Bennet J. Harter one of my Executors, in the place of John Scott heretofore appointed by me in my last will to which this is a third codicil thereto. And revoke all power then given to him and confer the same power and authority then given (to said John Scott) to my son Bennet J. Harter who in conjunction with my son Samuel K. Harter I desire shall be my Executors, with the full power and authority in my Will to my Executors. In testimony whereof I have hereunto set my hand and seal this 15th day of January in the year 1867. J.D. Harter {seal} Whereas I, Jacob C. Harter, on the 24th day February in the year of our Lord 1865 made my last will and testament of that day, and on the 21st day of May A.D. 1866 made my first Codicil thereto; and on the 13th day of November 1866 made my second Codicil thereto; and on the 15 day of January A.D. 1967 made my third Codicil thereto; do hereby declare the following to be a fourth Codicil to the same: I do hereby give and bequeath to my Granddaughter Louisa Stary, daughter of my son Darius S. Harter, deceased, in lieu of former provision made for her in my Will, a tract of land lately purchased by me of Clarke Pierce, situated in Union Township, Miami County, Ohio, being a part of the North half of Section 2 Town 6 Range 5 East containing 101 acres more or less, to her during her natural life, and then to the heirs of her body and their assigns forever. At my death the above farm to be appraised by three judicious free- holders of this County, that she and my executors may agree upon, and if they cannot agree then the Probate Court of this County shall appoint. And both parties shall be bound by the appraisement, and if said land is appraised at more than an equal share of my estate (considering that my Daughter Catharine Randolph or her heirs shall inherit two shares heretofore provided for—are to be counted as two shares of my Estate) after deducting from that equal share Notes and book accounts I may have against her and her Father Darius S. Harter, deceased, and if it shall exceed more than the full equal share, then she is to pay over that excess to my Executors in a reasonable time, and if said appraised valuation shall not equal one equal share of my estate, then my executors shall pay to her a sum that will make her and her heirs equal with my other heirs—all substantial improvements she may put upon or cause to be put upon said premises prior to my death shall be also deducted out of said appraised value, and at the death of my said Granddaughter Louisa Stary all improvement made by her or caused to be made by her on said premises shall be subject to her own disposal, and if not disposed of by her shall be inherited by her heirs at law as personal property. And the amount paid by my Executors to her heirs at law or to the one to whom she may dispose of it in her life time. It is my Will and desire that in case the shares of my estate shall increase by the death of any of my heirs or in any other way, that my Granddaughter, Louisa Stary, shall share equally with my other heirs subject to the proviso above mentioned, and in case she shall die without children of grandchildren living, then it is my desire that the above land shall fall back to my heirs at her death. In testimony whereof I have hereunto set my hand and seal this 18th day of September A.D, 1867. J.D. Harter {seal} Signed and acknowledged by the said Jacob D. Harter as his last Will and Testament in our presence and signed by us in his presence. C.H. Culbertson Wm. M. Culbertson Whereas I, Jacob D. Harter, on the 24th day of February in the year of our Lord 1865, made my last will and testament of that day, and on the 21st day of May A.D. 1866 made my first Codicil thereto, and on the 13th day of November 1866 made my second Codicil thereto, and on the 15th day of January A.D. 1867 made my third Codicil thereto, and on the 18th day September A.D. 1867 made my fourth Codicil thereto, do hereby declare the following to be a fifth Codicil to the same. I do hereby give and bequeath to my son Matthias L. Harter all that portion of my estate bequeathed to his wife Jane A. Harter. In Testimony whereto I have hereunto set my hand and seal this 21st day of September A.D. 1868. J.D. Harter {seal} Signed and acknowledged by the said Jacob D. Harter as his last will and testament in our presence and signed by us in his presence. C.H. Culbertson Wm. M. Culbertson Whereas I, Jacob D. Harter, on the 24th day of February A.D. 1865 made my last Will and testament of that day, and on the 21st day of May A.D. 1866 made my First Codicil thereto, and on the 13th day of November A.D. 1866 made my Second Codicil thereto, and on the 15th day of January A.D. 1867 made my Third Codicil thereto, and on the 18th day of September A.D. 1867 made my Fourth Codicil thereto, and on the 21st day of September A.D. 1868 made my Fifth Codicil thereto, do hereby declare the following to be the Sixth Codicil. Item 1st Whereas I have disposed of the real estate bequeathed to my Grand- daughter Louisa Stary in Codicil No. 4 to my will, it is my desire in lieu of said bequest that my Grand-daughter Louisa Stary’s interest in my estate be invested by my executor at my death in real estate, subject to the same provision made in Codicil No. 4. In testimony whereof I have hereunto set my hand and seal this 11th day of November A.D. 1869. J.D. Harter {seal} File at: http://files.usgwarchives.net/oh/miami/wills/harter39nwl.txt This file has been created by a form at http://www.genrecords.net/ohfiles/ File size: 12.0 Kb