John Behymer 3rd’s Will
The will of John Behymer 3rd of New Palestine Clermont County Ohio.
First It is my will that all my just debts be paid.
Second I give, devise and bequeath all my property both real and personal of which I die possessed to my son Burzelius Behymer his heirs and assigns forever, subject always to these conditions – 1st that my said son shall furnish a reasonable support both of food and of raiment to his mother Nancy Behymer during her natural life – 2nd That he my said son furnish his mother with proper medical attendance during her natural life, and at her decease that he pay all her necessary funeral expenses. Now in case my said son faithfully performs all the conditions herein named then the property aforesaid shall be his absolutely but in case my said son shall fail to perform any or all of the conditions herein named in behalf of his mother then all the real estate herein named shall be liable for her support as aforesaid. I hereby appoint my said son Burzelius Behymer executor of this my last will and testament – In witness whereof I hereunto set my hand and seal at New Palestine aforesaid this 12th day of November Eighteen hundred and Eighty two (1882)
John Behymer seal
Signed and sealed by said John Behymer 3rd who at the same time published and declared the same as and for his last will and testament in the presence and at his request have hereunto subscribed our names as witnesses.
Senaca Behymer
Anna B Behymer
Probate Court
State of Ohio Clermont Count. ss:
Probate of the Last Will of John Behymer deceased filed on the 9th day of June A. D. 1894.
Personally appeared in open court Seneca Behymer one of the subscribing witnesses of the Last Will and Testament of John Behymer, deceased, who being duly affirmed 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 saith that he was of legal age and well acquainted with decedent at date of signing his will as a witness, that he was present at date of signing his will as a witness, that he was present at the making of said will and at the request of deceased subscribed to said will as a witness thereto in the presence of the deceased and of Anna B Behymer Wamsley the other subscribing witness that he saw the said John Behymer deceased sign and seal said will and hear 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.
Seneca Behymer
And on said day also appeared Anna Behymer Wamsley another of the subscribing witnesses of the Last Will and testament of John Behymer deceased who being duly affirmed 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 she was of lawful age and well acquainted with decedent at date of signing said will as a witness, she has been married and her name is now Anna B. Wamsley. that she 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 presence of the deceased and of Seneca Behymer the other subscribing witness that she saw the said John Behymer deceased sign and seal said will and hear 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