Tuesday, September 04, 2007

The Will of Michael Fisher - April 1845

Michael's will names his wife and all of their children. Thank you, Michael! The oldest child, Louisa, was 16 years old at the time and would later marry Jacob Phend. They were my 2nd Great Grandparents. Census records indicate that the youngest child, Lydia, was born in March 1845 - just a few days before Michael wrote his will.

Carroll County, Ohio Probate Record B April Term Anno Domini 1845

Spelling and punctuation retained as in the original. Paragraph breaks added.

page 222
Estate of Michal Fisher } Decd. Be it remembered that heretofore to wit at a Court of Common pleas began and held at the Court house in Carrollton on the Twenty first day of April in the year of Our Lord one thousand Eight hundred and forty five in and for the County of Carroll and state of Ohio.

On motion to the Court by John H. Tripp the Last will and testament of Michial Fisher Decd was brought into Court and the two subscribing Witnesses to said Will towit John Gladheart and Isaac Mufby [Mofby, Mosby, Musby ?] came before the Court and being duly qualified say that they saw the testator sign said will at the End then to that they attested and signed said will in the prescence of the Testator that the Testator when he signed said will was of sound mind and Memory of full age and not under duress

page 223
wich Testimony is hereby reduced to writing and filed - Which will is in the words and form following to wit

In the name of the benevolent father of all I, Michael Fisher of the County of Carrol & State of Oho do make & publish this my last will & testament in manner and form as follows to wit

1st it is my will and desire that all my just debts and funeral Expenses be fully paid

2nd I give and bequeath to to my beloved wife Christina Fisher all my sheep that are on my farm amounting to thirteen old ones and four Lambs

3rd I give and bequeath to my wife one cow and the horse all the flour and ten Bushel of wheat and a field of Wheat three acres more or less besides as much house hold and Kitchen furniture as a widow is allowed by law where there is no will

4th I give devise & bequeath unto my wife the farm on which I am now living consisting of sixty two acres and for as long as She shall remain my widow but in case my personal property should not be sufficiant to pay my just debts as aforesaid then it is my desire that as much of the farm be sold off the west end as shall be sufficient to pay said debts by my Executor herein appointed

5th but in case my wife should again marry then it is my desire that the Balance of the farm be sold Either at a public or private Sale and the Money arising from said sale be paid over to my Children Louisa Caroline Catharine Sophia Rachael Samuel Leah Solomon Lydia Either at the day of their Marriage or when they become of age which shall first happen

6th I appoint my Esteemed Nehibor Jacob Loutzenhiser Executor of this my Last will and Testament.

page 224
7th I appoint my Neibors John Shear and Christian Grosman Guardians for my Children. In testamony where of I have hereunto set my hand and seal this 19th day of March 1845 signed in presence of John Gladheart Isaac Muffy Michael Fisher, his mark

The State of Ohio, Carroll County. To all to whom these presents shall come greetings. Know ye that the Court of Common pleas of said County hath hereby granted Letters Testamentary on the Estate of Michal Fisher deceased unto Jacob Loutzenhizer to whom is Granted the administration of all and singular the Goods Chattles Money Rights and Credits of said deceased and also the proceeds of all the Real Estate of said deceased which he may be authorized to sell and whose duty it shall be to administer the same and to adjust and settle up the account of the Estate of said deceased in all respects agreeably to law. In testimony whereof the seal of said Court is hereto affixed Witness my signature at Carrollton in said county this 21st day of April AD 1845

Daniel M Cook, Clerk

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