Michael Behymer’s Will
In the name of the Benevolent Father of all.
I Michael Behymer of Clermont County and state of Ohio. Through the abundance of mercy and goodness of God.
Though afflicted in body, yet of full age and of sound mind and memory and not under any restraint do constitute and make this my last will and Testament in manner and form following to wit:
Item 1st
I give and devise to my beloved wife Mary Ann Behymer in lieu of her dower the farm and all the lands where we now reside situate in Pierce Township Clermont County and State of Ohio which fully by referring to the survey and plat of Partition made at my instance and request by John Ayers, Surveyor, on the 14th and 15th days of May A. D. 1884, and for the purpose of deviding the same according to my will and wish between my son Bennette Behymer, and my Daughters Casander Woodlief, Olive Behymer and Flora Tone my other two sons having provisions made by me for them, as will hereinafter fully show which survey and plat is hereto attached filed with and part hereof.
Item 2nd
I give to my said wife all my house hold goods and other Chattles property and moneys and affects of whatever description, also I give to her all the proceeds arising from the sale of my interest in the estate of Joel Behymer, deceased If the same be sold before her death. She however paying my just debts Expenses of last sickness and funeral expenses.
Item 3
At the death of my said wife I will and now direct that all the house hold goods that may be left at her death, be given to and divided equal between my sons Bennette and daughter Olive, the balance of my children I have heretofore given a full setting out of goods for house keeping.
Item 4
At the death of my said wife I will and direct that my executors pay out of the money left to my said wife’s care and controll five hundred dollars to my son George Behymer he having already received of me 2200\00 dollars as an advancement in Lieu of his share of the real estate herein described in this survey: an if there should not be enough at her death to pay my son George Behymer then it is my will and direction that for such lack of money, Bennett Behymer pay two fifths (2/5) that Casander Woodlief pay one fifth (1/5) Olive Behymer pay one fifth and Flora Tone pay one fifth (1/5) and in default of payments by them or either of them in one year from the death of my said wife then I authorize my son George Behymer to collect the same by judgement at law, and his claim Shall be a Lien upon their respective pieces of land herein after described until the same be paid or caused to be paid.
Item 5th
I further will and direct that the balance of my chattle property money and effects (household goods excepted) after paying the said George Behymer his said five hundred dollars, shall be equally divided between my six children or their heirs to wit George Behymer one sixth (1/6) Casander Woodlief one sixth (1/6) Olive Behymer one sixth (1/6) Flora Tone one sixth (1/6) Bennett Behymer one sixth (1/6) and Edgar T. Behymer one sixth (1/6)
Item 6th
And at the death of my said wife It is my will and I now direct that my Daughter Flora Tone shal have to her self and her heirs forever all that tract or parcel of land known and described as lot No. one (1) in said survey and Plat hereto attached and a part hereof and containing 28-67/100 acres of land.
Item 7th
And at the death of my said wife It is my will and I now direct that my Daughter Olive Behymer shal have to herself and to her heirs forever all that tract or parcel of land known and described as lot No. 2 two in said Survey and plat hereto attached and a part hereof and containing 28-67/100 acres of land.
Item 8th
And at the death of my said wife It is my will and I now direct that my Daughter Casander Woodlief shal have to herself and to her heirs forever all that tract or parcel of land known and described as lot No. three (3)in said Survey and Plat hereto attached and made part hereof and containing 28-66/100 acres of land.
Item 9th
And at the death of my said wife It is my will and I now direct that my son Bennett Behymer shal have to himself and to his heirs all those several tracts and parcels of land known and described as lot No.’s 4, 5 & 6 in said survey and Plat hereto attached and made parts here of and containing each as follows, No. 4, 73 67/100 acres of land No. 5 13-1/2 acres of land and No. 6 = 17-65/100 acres of land – he the said Bennett Behymer having already paid to my son Edgar T. Behymer twenty two hundred dollars for his share of said lots Nos. 4-5&6.
Item 10th
I do hereby nominate and appoint Bennett Behymer and John R. Woodlief executors of this my last will and testament, hereby 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 to sell at private or public sale or in such manner as they may seem proper & upon such terms of credit or otherwise as they may think best all my interest and title in the the real estate of Joel Behymer deceased and now held by his widow as her dower in said Estate and Deeds to purchasers to execute acknowledge and deliver in fee simple and the net proceeds of said Sale pay over to my said wife if she be living and if not living said proceeds to be put to the general funds of said Estate to be distributed among the heirs as aforesaid after the payment of George Behymer’s claim as heretofore provided.
I desire that no appraisement and no sale of my personal property be made and that the Court of Probate direct the omission of the same in pursuance of the statute.
I do hereby revoke all former wills by me made.
In testimony hereof I have hereunto set my hand and Seal this 2nd day of September A. D. 1884
Michael Behymer Seal
Signed and acknowledged by said Michael Behymer as his last will and testament in our presence and signed by us at his request and in his presence
William Arthur
Mary Arthur
There follows a description of Lots 1 through 6 together with a map showing the location of the lots with respect to one another (they have been omitted from this transcription).
State of Ohio
Clermont County ss.
Probate of the last Will of Michael Behymer deceased, presented on the 24th day of September A. D. 1894.
Personally appeared in open Court, William Arhtur one of the subscribing witnesses of the Last Will and Testament of Michael Behymer 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 saith that 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 presence of the deceased; and of Mary Arthur the other subscribing witness: that the said Michael Behymer deceased sign and seal said Will and heard him acknowledge the same to be his last Will and Testament. That the said Michael 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.
William Arthur
And on said day also appeared Mary Arthur, another of the subscribing witnesses of the Last Will and Testament of Michael Behymer 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 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 presence of the deceased; and of William Arthur the other subscribing witness: that he saw the said Michael Behymer deceased sign and seal said will and heard him acknowledge the same to be his last will and Testament. That the said Michael 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.
Mary Arthur
Signed in Open Court, and Sworn to this 17th day of October 1894
Thales P Breeding
Probate Judge