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Note: Henry Warner came from Wittenburg, Germany to Frederick County, MD; together with his sons founded "Warner Settlement" in Randolph Township, Montgomery County, Ohio.
Henry Warner's Will
In the name of God, Amen, I, Henry Warner, of Montgomery County, Ohio, being sick and weak in body, but of sound disposing mind, memory and understanding, being desirous to settle my worldly affairs, I do therefore make and publish this my last will and testament in form and manner following to wit: first I commit my body to th earth to be decently buried as chance may direct; and after my debts and funeral expenses are paid I devise and bequeath as follows, viz: I give and devise to my oldest son Jacob 60 acres of land in Sec. No. 9 in Twp. 5 and Range No. 5 east. Whereon said Jacob liveth, and 100 acres of land as surveyed off to him in Sec. No. 10 of the 5th Twp. and 5th Range east. Further I give and devise unto my 2nd son John all the S.W. qtr. of Sec. No. 8 of the 5th Twp. & 5th Range east (which land I have granted to said John be deed). Further I give and devise unto my 3rd son Henry all that lot or S.E. qtr. Sec. No. 7, Twp. 5, Range 5 east. Further I give and devise unto my 4th son Andrew 90 acres of land being part of the south half of Sec. No. 9 of Twp. 5, Range 5 east beginning at the S.E. corner of said Sec. and running from thence west with the sectional line 230 poles then north such a distance as to include said 90 acres thence east parallel with the south boundary of said Sec. 230 poles to the east boundary of said Sec. thence south to the place of beginning. Further, I give and devise unto my 5th son David 90 acres of land in said south half Sec. No. 9, Twp. 5, Range 5 east beginning at the N.E. corner of said Andrew's land thence north to the north boundary of said half Sec. thence east with said boundary to the N.W. corner of James Ewing's land thence south with said Ewing's land to the S.W. corner of it. Thence east with said Ewing's line to the east boundary of said Sec. thence south to place of beginning. Further I give and devise to my 6th son Daniel 90 acres being the residence of land I own in said half section No. 9, Twp. 5, Range 5 east. Further I give and devise unto my dau. Susanna Folkerth 60 acres of land in the S.E. qtr. Sec. No. 10, Twp. 5, Range 5 east (as surveyed to her).
Now in order to have my seal estate justly and equitably divided amonst my 9 heirs, they are to pay and receive as follows to wit: Jacob is to pay $78.26 1/2. Henry is to receive $81.73 1/2 (so much of his share paid for land). Andrew is to pay $495.26 1/2 (the difference of money paid according to the value of his land). David is to pay $203.26 1/2. Daniel is to have $41.73 1/2 so much lacking of his share paid for land. Elizabeth Snider's children are to have $331.73 1/2 as I have paid the balance to her in money for land. Susanna Folkerth is to have $161.11 1/2 as she has received the balance in land and Catherine Mast is to have $401.73 1/2 it being her share in lieu of lands. The said payments are to be made to my Executors hereinafter named and they are to pay each and every one's share as aforesaid, and sufficient time to be given by my Executors at their discretion for such payments.
I give and bequeath unto my wife, Susanna, the sum of $500 in cash to be paid to her by my Executors as soon as they conveniently collect it of money owing me in State of Penn. I further give and bequeath unto my wife the choice of any one of my horse creatures, one cow, and 2 sheep to be kept on said Andrew's premises at his expense. I also give and bequeath to my said wife as much household furniture as she may want, and she is to have peaceable possession of the house, garden and on the premises granted to my son Andrew as heretofore during her lifetimes or widowhood, the house and garden to be repaired as she may direct and the expense of all or any of the materials and work done to be paid out of my personal estate. She is to have as much fruit of the orchard on said premises, yearly if any there be, as she may need. Moreover the following property to be delivered her by each and every of my heirs (except the children of Elizabeth Snider deceased) that is to say 3 bu. wheat, 5 bu. Indian corn, 3 bu. oats, 25 lbs pork, 10 lbs sugar yearly and every year during her lifetime or widowhood, and also to deliver her as much flax as may grow on 1/4 acre of ground yearly and every year as aforesaid by one of them alternately; but in case my wife Susanna should marry she is to have but $100 in cash, 1 bed & bedding, her clotehs and give up possession of said premise immediately. It is my desire after my decease that a true and perfect inventory of my personal estate, except my wife's part, and my wagon which I give to my son Andrew in consideration of his keeping my wife in firewood, appraised and divided amontst my 9 heirs aforesaid share and share alike; the money owing me in the State of Penn. except my wife's part and what may be wanted to pay my debts to be divided amongst my 9 heirs, share and share alike, and after the decease of my wife, the property that she may have remaining to be divided amongst my 9 heirs share and share alike. And lastly, I do hereby constitute and appoint Jacob Warner and Samuel Folkerth of the County and State aforesaid Executors of this my last will and testament revoling and annulling all former wills by me heretofore made; ratifying and confirming this and none other, to be my last will and testament.
In testimony whereof I have hereunto set my hand and affixed my seal this 26th day of Sept. 1815.
Witnesses: Jacob Puderbaugh John Wertz
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