Pickaway County OhArchives Wills.....Haller, Henry 1836 ************************************************ 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: Bob Keyes bobkeyes@iwvisp.com September 12, 2005, 8:07 am Source: Fhl Film#288397, Pickawy Co., Oh Wills Vol 1-3 Written: 1836 Recorded: November 1, 1837 WILL: HALLER, Henry, 1836 Pickaway Co., OH Transcribed by Robert W. Keyes March 3, 2004 Note: Original format was not maintained but content is as written. Source: FHL film#288397, Pickawy Co., OH Wills Vol 1-3; Old Will Book 1, p. 267-275 [Will was re-recorded in Will Book 2. Will Bk 1 illegible] Will Book 2, p. 229-233 Will of Henry Haller 0-614 I Henry Haller of the County of Pickaway in the State of Ohio do make and publish this my last will and testament in manner and form following that is to say, 1st. First it is my will that my financial expenses and all my just debts be paid. 2nd. Second. I give divise and bequeath to my beloved wife Magdalina Haller in lieu of her dower, three hundred dollars per annum during her natural life to be paid to her semi annually by my Executors, and also so much of the household furniture in my house at the time of my death as she may choose to take and and I hereby declare it to be my intention expressly that the above legacy and bequest to my wife Magdalina is in lieu of her dower of me and to all or any part of my estate or estates. 3rd. Third. I give and bequeath to my brothers Isaac Haller, Lewis Haller, and Benjamin Haller, five hundred dollars each, and I direct that my Exectrix and Executor pay the same to them so soon as they can conveniently. 4th. Fourth. I give and bequeath to my brother Jacob Haller, one eighth of my whole remaining property, after the payment of the first, second and third bequests. 5th. Fifth. I give and bequeath to the children and heirs of my Brother John Haller Decd one eighth of my whole property after the payment of the first, second and third bequests, the said eighth to be divided equally between them share & share alike. 6th. Sixth. I give and bequeath to my brother William Haller, one eight of my property after the payment of the first, second and third bequests. 7th. Seventh. I give and bequeath to my sister Elizabeth Mears, one eighth of my property after the payment of the first, second and third bequests. 8th. Eighth. I give and bequeath to the children and heirs of my Sister Sarah Webb decd one eigth of my property after the payment of the first, second and third bequests the said eighth to be divided between them, share and share alike. 9th. Nineth. I give and bequesth to my brother in law George Rause one eigth of my property after the payment of the first, second and third bequests. 10th. I give and bequesth to my brother in law Jacob Hunzinger one eighth of my property after the payment of the first, second and third bequests. 11th. Eleventh. I order and direct that my Executrix and Executor after the payment of the first, second, and third bequests, take one eigth of my property, being the last eighth, and with the consent of my Sister in law Mary Kinnear (wife of David Kinnear) and her children and heirs, or the majority of the whole, and with the said eighth, to purchase stock in the Chillicothe or Lancaster Ohio Banks, or tht the same money be loaned upon mortgages, or invested in lands, to and for the use of the said Mary during her natural life, and the interest, dividends or rents accruing from the same, be paid annually to the said Mary during her natural life, and at the death of said Mary, to go to her heirs, share and share alike. And furtherit is my will that one of the three suggestions by me made, as to the investment of said gift to the said Mary, shall be made. x I also further direct that my Executrix and Executor pay to Jacob Haller and Elizabeth Mears five hundred dollars, part of their legacies as soon as the same can conveniently be done. I also further direct that my Executor and Executrix collect the notes which I hold against William Mears and _________ Margarom in Catewissa Pennsylvania for about one hundred and fifty dollars, due in about two years which notes are now in the hands of Huntzinger and Rouse above named. I further declare it to be my will and testament, that if my wife Magdalina shall accept the legacy and gift hereinmade made to her in lieu of her dower as aforementioned, that then every clause of the above, is to stand in full force and virtue as my will and testament, but if my wife Magdalina shall not consent to take and receive the same, and will not make her election to take under the will, but will take her dower, then and in that case I give and bequeath the bequests, gifts, and legacies, that I have herin made to George Rouse, Jacob Huntzinger and Mary Kinnear and her heirs, to my brothers Jacob Haller, William Haller, Lewis Haller, Benjamin Haller, Elizabeth Mears, the heirs of John Haller Decd and the heirs of Sarah Webb decd in the same manner of the former bequests herin to them respectively and to be divided and distributed between them, in the same proportion that their former bequest herein bear to each other. I direct that my executrix and Executor shall sell all my property, both real and personal, that I may die possessed of, and that I have not herin disposed of, on such terms and such credits as they may think most advantagous and I hereby authorize and empower them to execute any deed or other article of conveyance, necessary for any lands by them or myself sold during my life time, the conveyances of which may not have been perfected, so soon as the conditions of sale shall be filled. And it is understood that all my property is to be reduced to money, and the money paid to the legatees. And lastly I hereby nominate, constitute and appoint my wife Magdaline Executrix and George S. Brinkley of Tarleton Executor for this my last will and testament, revoking and annulling all former wills by me made and ratifying and confirming this and no other to be my last will and testament. In testimony whereof I have hereunto set my hand and seal this sixteenth day of August A.D. One thousand eight hundred and thiry six. Henry Haller (seal) Signed published and declared by the above named Henry Haller, as and for his last will and testament, in presence of us, who at his request, have signed the same as witnesses. H. N. Hedges Sr. P.K. Hull W.J. Wolfley The State of Ohio Pickaway County Personally appeared in open Court, Henry Hedges and William J. Wolfley of lawful age and made oath that they were present and saw Henry Haller decd sign his will now produced for probate, dated 16th August 1836 and that they believed him at the time, to be of lawful age and of sound and disposing mind and memory, and under no restraint and was by him declared to be his last will and testament, which was by us signed as witnesses. Special Court 1st november 1837 Wm J. Wolfley H. N. Jedges Sr. Sworn to in open Court 1st Nov 1837. Wm P. Darst Clk Codicil to Henry Halles'r Will I Henry Haller of sound mind and memory but frail in body, do publish this as a codicil to my last will and testament, which I executed on the sixteenth day of August 1836 in presence of P. K. Hull, W.J. Wolfley and Henry N. Hedges viz. 1st First It is my will that in addition to the bequest made to my beloved wife Magdalena in said will, that she have the use of the house, lot and appurtenances belonging thereto, which I purchased of William McArthur, situated in the Town of Circleville, during her natural life, if she chooses so long to ocupy the same, but if she chooses not to ocupy said house and lot and removes there from, or dies in possession of the same, then it is my will that the same be sold by my executors, on such terms and conditions as may be judged most advantageous by them or the ?????? and that the proceeds of such sale be distributed according to the provisions contained in my said last will and testament, and my said Executors, or the survivor of them is hereby empowered to convery said house and lot, to the purchasers, his heirs, or legal assigns, on the entire purchase money being paid, or well secured to them, or the survivor of them. 2nd. It is also my will that my Executors after paying my funeral expenses, costs of administration, and all just debts out of the first monies coming into their hands from my estate, pay to my beloved wife from the monies remaining, or that first comes into their hands thereafter, the three hundred dollars provided for her annual support, and that the same be paid to her each successive year, in preference to any other legacy named in said will, out of any monies, coming into the hands of my Executors. 3rd. It is also my will that inasmuch as I have advanced to my brother Jacob Haller, one hundred dollars recently, and also to my brother William same ???? since seven hundred and fifty dollars that the sums then? advanced them be deducted from their respective shares provided for in the fourth and sixth bequests made in my aforesaid will, thus reducing their one eighth portions of my estate that amount. 4th. Fourth. It is also my will that if my brothers Isaac and Benjamim should either of them die before their legacy is paid to them, that the money bequeathed to that one so dying shall not go to his heirs but to be distributed among the legatees named in the fourth, fifth, sixth, seventh, eighth, ninth, tenth and eleventh bequests according to the provisions herein named. 5th. It is my will also that if any other Brothers, Lewis, Jacob, or William, or my sisters Elizabeth Mears and Mary Kinnear or my Brothers in law George Rouse and Jacob Huntzinger should either of them die before the bequest ?? their respective legacies; then ???? the children of the ones so dying and their personal representatives shall be entitled to the legacy that their Father or Mother would have been if living, share and share alike. 6th. Sixth. It is also my will that Guy H? Doan be substituted as an executor of this my last will in the place of George S. Binkley of Tarleton, hereby revoking so much of my said last will as named the said george S. Binkley as my executor, and ratifying and confirming all other things named in said will not re???gnant to this codicil. In testimony whereof I have hereto set my hand & seal this 18th day of October 1837. Henry Haller (seal) The forgoing codicil was signed by the said Henry Haller and declared by him to be a codicil and part and parcel of his last will and tesament, in presence of us, who were called upon by him to witness the same this 18th day of October 1837. Mathew McCrea Lauriston Twining The State of Ohio Pickaway County Personally appeared in open Court Mathew McCrea and Lauriston Twining of lawful age and made oath that they were present and saw Henry Haller Decd sign his name to the codicil of his last will and testament which said Codicil is dated on the 18th day of October A.D. 1837 and that they believed him at the time to be of lawful age, and of sound mind and memory, and not under any restraint, which said Codicil was by him acknowledged, and that the same was by us signed as witnesses. Special Court November 1st 1837. Mathew McCrea Lauriston Twining Sworn to in open Court 1st Nov 1837 Wm P. Darst clk. File at: http://files.usgwarchives.net/oh/pickaway/wills/haller3nwl.txt This file has been created by a form at http://www.genrecords.net/ohfiles/ File size: 12.0 Kb