John Behymer 2nd’s Will

 

In the name of the benevolent Father of all I John Behymer 2nd do make and publish this my last will and testament

 

Item 1st I give and devise to my beloved wife in lieu of her Dower in my real and Personal estate The farm on which we now reside situate in Pierce Township Clermont County and State of Ohio containing about 113-1/2 acres of land her natural life and all the stocks household goods furniture provisions and all other goods and chattles which may be thereon said farm or in my possession at my decease during my her natural life.

 

Item 2nd at the death of my said wife my daughter Nancy Monfar (having had her equal Share of my real estate) do hereby devise to her one sixth interest (1/6th) in my goods and chattles and that she have no fiths interest in my real estate.

 

Item 3rd I give and devise to the heirs of my son William S. Behymer deceased The real estate situate in the County and State aforesaid as described in plat of farm hereunto anexed being lot No. 1 (one) on said plat containing 17-32/100 acres of land.

 

Item 4th I give and devise to my Daughter Sallie Felter all the real Estate as afore described in said Plat hereunto annexed contained in Lot No. 2. Two of said Plat containing 17-66/100 acres of land.

 

Item No. 5. I give and devise to my Daughter Elizabeth Eppert all the real Estate contained in Lot No. 3 (Three) of said Plat containing 17-22/100 acres of land.

 

Item No. 6. I give and devise to my Grand daughter Grace May Troy only daughter of Rosella Troy deceased all the real estate contained in Lot No. 4 (four) of said plat containing 17 acres of land. I also give and devise that out of my moneys goods & chattles that she Grace May Troy shall have $285.00 (Two hundred and eighty five Dollars) to make her equal with the other heirs as to distribution heretofore made she not getting her share by said amount of $285.00.

 

Item No. 7 I give and bequeath to my son Jacob M. Behymer all that real Estate contained in Lot No. 5 (five) of said Plat containing 33-07/100 acres of land this being a double lot said Jacob M. Behymer having purchased from my daughter Nancy Monfar her share of the Real Estate herein described.

 

Item 8. It is my desire that after my just debts and costs of Administration are paid also the Doctor bills and funeral expenses are provided for and the $285.00 heretofore mentioned coming to my Grand Daughter Grace May Troy is paid out of my goods chattles stocks and moneys That there shall be an equal distribution made of the remainder each of my said heirs receiving a one sixth (1/6th) of said moneys goods or chattles,

 

Item 8 (sic). I do herby nominate and appoint my son Jacob M. Behymer and my esteemed friend Joseph H. Short Executors of this my last will and testament herby authorizing and empowering them to compromise 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 if it shall become nessary in order to pay my debts to sell at private sale or in such manner and upon such terms as they may deem proper all or any part of my said goods chattles or stocks. I devise that no appraisement and no sale of my personal property be made and that the Court of Probate direct the mission of the same in pursuance of the Statute: I hereby revoke all former wills by me made.

 

I testamony hereof I have hereunto set my hand and seal this 23rd day of April A. D. 1889.

 

his

John X Behymer 2nd seal

mark

 

Signed by his mark and acknowledged by said John Behymer 2nd as his last will and testament in our presence and signed by us in his presence.

 

James Monfar

J. H. Short

 

There follows a Plat (Exhibit A) containing 6 contiguous lots described as follows (starting at one o’clock and proceeding in a counter-clockwise manner):

 

No. 1 Heirs of W. S. Behymer 17-32/100 A

No 2 Sallie Felter 17-66/100 A

No 3 Elizabeth M. Eppert 17-22/100 A

No 4 Grace M. Troy 17A

No 5 J. M. Behymer 33-07/100 A

(unnumbered) Harriett L. Behymer

 

Estate of John Behymer as surveyed and laid out by me April 4th 1889

John Ayer Surveyor

 

There follows Exhibit B containing detailed descriptions of the 5 lots, lot 5 being adjacent to Harriet S. Behymer’s 14 acre lot – these have been omitted from this transcription

 

Probate Court

State of Ohio Clermont Count. ss:

 

Probate of the Last Will of John Behymer 2nd deceased presented on the 14th day of January A. D. 1892.

 

Personally appeared in open Court J. H. Short one of the subscribing witnesses of the Last Will and Testament of John Behymer 2nd deceased, who being duly sworn according to law to speak the truth, the whole truth and nothing but the truth in relation to the execution of said will, deposes and says that he was present at the making of said will, and at the request of the deceased subscribed to said Will as a witness thereto in the precense of the deceased and of James Monfar the other subscribing witnesses: that he saw the said John Behymer deceased sign and seal said will and heard him acknowledge the same to be his last will and testament that the said John Behymer was at the time of making signing and sealing said will of legal age and of sound and disposing mind and memory, and under no undue or unlawful restraint whatever: and that said testator is now dead.

 

J. H. Short

Signed in open Court and sworn to this 23rd day of January A. D. 1892

Thales P. Breeding

Probate Judge

Probate Court

State of Ohio Clermont Count. ss:

 

Probate of the Last Will of John Behymer 2nd deceased presented on the 14th day of January A. D. 1892.

 

Personally appeared in open Court James Monfar one of the subscribing witnesses of the Last will and Testament of John Behymer 2nd deceased, who being duly sworn according to law to speak the truth, the whole truth and nothing but the truth in relation to the execution of said Will, deposes and says that he was present at the making of said will, and at the request of deceased and of J. H. Short, the other subscribing witness: that he saw the said John Behymer 2nd deceased sign and seal said Will and Testament that the said John Behymer was at the time of making signing and sealing said will of legal age and of sound and disposing mind and memory, and under no undue or unlawful restraint whatever: and that said testator is now dead.

 

James B. Monfar

Signed in open Court and sworn to this 2nd day of February A. D. 1892

Thales P. Breeding

Probate Judge