These documents are important in establishing a historical precedence, name family members and in the case of Henry Moninger, identify the person who became Andrew McIntire’s first wife! Most Last Wills and Testaments are simply an interesting read into the past of our ancestors and what sort of things were valued enough to be passed along to their next generation. Since most of these precious documents were handwritten by a court appointed scribe, age, and scanning techniques make reading them a challenge. When necessary I will attempt to transcribe to the best of the ability of my 75 year old eyes!
The Last Will and Probate Record of John Bulmer Lisle, father of Abigail McIntyre's husband, Robert Lisle
Last Will and Testament of Henry Moninger, father of Sally Moninger, wife of Andrew McIntyre
Transcription of Henry Moninger's Last Will and Testament
In the name of the Benevolent Father of all,
I, Henry Moninger, of the County of Fairfield, in the state of Ohio do make and publish this as my last will and testament.
Item 1st. It is my will that al my just debts be first paid.
Item 2. I give and devise to my beloved wife Martha in lieu of her dower, the farm or tract of land which I recently purchased from Eli Meyers. Situated in Amanda Township, Fairfield County, bounded by the town of Strasburgh and the land of John Swizer and William Griffith, containing about eight and a half acres, during her natural life and all the stock, household goods, furniture, provisions and other goods and chattels, which may be there on at the time of my decease, which she shall choose to keep for her use during her natural life as aforesaid. At the death of my said wife the real estate of aforesaid and such part of the said personal property or the proceeds thereof as may then remain unconsumed and unseparated, I direct to be sold and decided as herein after specified and also if will and directive that one thousand dollars be placed by my executors herein after named at not less than six percent interest per annum and more if it can be safely obtained and said interest paid to her my said wife, Martha yearly and every year during her natural life, and it charge my estate with the interest aforesaid, and the payment thereof in the manner aforesaid.
Item 3rd. I give and bequeath to my son Samuel Moninger four hundred dollars and if he should survive my said wife, a bed and the usual bedding out of my household goods.
Item 4th. I give and bequeath to my son Hiram Moninger the sum of four hundred dollars.
Item 5th. I give and bequeath to my daughter Elizabeth inter-married with Abram Neff three hundred dollars.
Item 6th. I give and bequeath to my daughter Amelia, inter-married withDavid Doner three hundred dollars.
Item 7th. I give and bequeath to my daughter Nancy inter-married with William North, the sum of three hundred dollars.
Item 8th. It is further my will and I do direct that if any or all of my said children shall die before the aforesaid bequests be paid, then the same shall be paid to their heirs, that after the above bequests be paid then I direct that the remainder of my estate both real and personal be equally divided among my aforesaid children and the heirs of my two deceased daughters, Sally McIntire and Polly Shupe, the heirs of said deceased daughters to receive their mother’s share. But the aforesaid real estate and such personal property as my wife shall select for her use as aforesaid, are not to be sold until after her death and the proceeds of such sales together with the thousand dollars which I have directed to be paid placed at interest for her benefit and which interest in no extent shall be withheld from her are to be divided and paid as in this item directed after all necessary expenses are paid.
Item 9th. I also will and direct that my executors shall during the life time of my said wife make and keep in suitable repair but not rebuild to the improvements or buildings and enclosures upon my aforesaid real estate and the house and lot my said wife owns in the city of Lancaster and the last of such repairs be paid out of my estate.
Item 10th. I also will and direct that in a reasonable time after my decease that my executors shall place over my earthly remains a suitable memorial of where I lie and also after the death of my wife, and within a reasonable time after place over her resting place a monument of like kinds, all to be paid for out of my estate.
Item 11th. I do hereby nominate and appoint my beloved wife Martha Moninger, my executor and my son Hiram Moninger executor of this my last will and testament hereby authorizing and empowering them on the survivors of them and their successors to compromise, adjust, release and discharge in such manner as they shall deem proper the debts and claims due me. I also authorize them or the survivors of them or their successors to sell by private or public sale for such prices, upon such terms of credit or otherwise as they may think proper my aforesaid real estate 8 ½ acres and all deeds to purchasers to execute, acknowledge and deliver in fee simple, and also without appraisement sell any or all such part of personal property I may own at my decease not otherwise provided for in this my will. I do not require an appraisement of said real estate my object is to save an expense which I deem unnecessary.
I also direct that the aforesaid bequests be paid in as reasonable a time after my decease as the law will permit or collections can be made, but no part thereof are to be paid until my just debts are paid, the cost of administration, repairs, monuments and as above stated are provided for unless my executors can do so without injury or embarrassment to themselves in the settlements of my said estate.
I do hereby revoke all former wills by me made in testimony where of I have here unto set my hand and seal this twenty third day of March in the year of our Lord on thousand eight hundred and fifty three.
Henry Moninger (signature and seal)
Signed and acknowledged by said Henry Moninger as his last will and testament in our presence and signed by us in his presence.
George Sanderson
G. Steinman
The state of Ohio, Fairfield County SS
We George Sanderson and Gottleib Steinman being duly sworn in open court on this 9th day of January A.D. 1884 dispose and say that we were present at the execution of the last will and testament of Henry Moninger hereunto answer that we saw the testator subscribe said will and heard him publish and declare the same to be his last will and testament and that the said testator at the time of executing the same was of full age and sound mind and memory and not under any restraint and that we signed the same as witnesses at his request and in his presence.
Geo Sanderson
G. Steinman
Sworn and subscribed before me this the day and year above, written
Jefe Leahmer, Probate Judge
January 9th A.D. 1884
For the matter of Henry Moninger will this day the last will and testament of Henry Moninger, deceased, produced in court and offered for Probate by the executors therein named George Sanderson and Gotleib Steinman the subscribing witnesses there to appeared and in open court an oath testified to the due execution of said will which testimony reduced to writing and by them respectively subscribed and filed with said will and it appearing to the court by said testimony that said will was duly attested and executed and that said testator at the time of executing the same was of full age and of sound mind and memory and not under any restraint. It is ordered that said will and testimony be duly recorded.
Jefe Leahmer, Probate Judge
The widow elects to take under the Provisions of the Law. See Item 1st, page 131
The above record may be found here
Source Citation
Will Records, 1803-1877; Probate Place: Fairfield, Ohio
Description
Notes: Will Records, Vol 4-5, 1849-1869
Source Information
Ancestry.com. Ohio, U.S., Wills and Probate Records, 1786-1998 [database on-line]. Lehi, UT, USA: Ancestry.com Operations, Inc., 2015.
Original data:Ohio County, District and Probate Courts.