Hamilton County, OH
Benjamin S. Manley, Deceased.
It appearing to the Court that on the 16th day of August A.D. 1871, the last Will and Testament of Benjamin S. Manley deceased, was duly admitted to Probate and Record in the Probate Court of Hamilton County, Ohio, and that the original Record of said Will and the Probate thereof upon the Record and Journal of said Court were destroyed in the burning of the Court House of March 29th A.D. 1884, but that the original Will and the Testimony of the witnesses thereto were preserved, it is now ordered by the Court on its own motion that the Record of said Will and the Probate thereof be and the same are hereby restored from said original Will and Testimony as provided by statute in the words and figures following to wit: "Pleas[e] at the Court House in Cincinnati in the County of Hamilton, State of Ohio of the Hamilton Probate Court at a session thereof held at the place aforesaid on the sixteenth day of August in the year of our Lord One thousand eight hundred and seventy one before the Honorable George F. Hoeffer, sole Judge of said Court.
15,580 The State of Ohio Hamilton County S S. Hamilton Probate Court
Be it remembered that on the day and year aforesaid the last Will and Testament of Benjamin S. Manley late of this County deceased was duly presented to the said Court for Probate and Record clothed in the words and figures to wit:
Will: The last Will and Testament of Benjamin S. Manley.
I Benjamin S. Manley of the City of Cincinnati and State of Ohio of sound mind and disposing memory but old and infirm in physical health do make and publish this my last Will and Testament.
Item 1st: I desire that my remain[s] shall be decently interred as near as may be convenient to my daughter Mary Hunter's grave in Spring Grove Cemetery in the vicinity of Cincinnati aforesaid; that my Executor hereinafter named in the shortest convenient time after my decease pay all my just debts if there were prior to my last sickness and also the expenses of my last sickness and funeral which I desire to be deacent [sic decent] but plain and economical. I desire my said Executor to have a good substantial head stone and foot stone of white marble with such inscription as he may think appropriate thereon at my grave and similar ones at the graves of my deceased daughter Mary Hunter and her late husband James Hunter deceased in said cemetery at such reletive [sic relative] cost and in such style as he may think best, in all at the cost of not to exceed One hundred and twenty-five dollars, the inscriptions on the latter also to be prepared by said Executor. I also desire a good neat little head and foot stone erected at the grave of my little grand son Augustus Hunter deceased and son of said Mary also lying in said Cemetery.
Item 2nd: I give and devise to my daughter Mrs. Sealey's son the whole of the debt owing me by his father Alexander Sealey.
Item 3rd: I give and devise to my son Martin V. Manley One hundred dollars in money to be paid him by said Executor.
Item 4th: I give and devise to my sister Rebecca Chapel subject to the residue of purchase money as her mortgage incumbering the same yet to be paid in the village Sylvania the County of Lucas and State of Ohio or rather an undivided half thereof; or the net proceeds from the sale thereof arising, if the premises have or shall be foreclosed on. Foramore definate [sic For more definite] description of said premises reference is hereby made to the record of the deed executed to me and Susannah Wiles or Manley as now called and known.
Item 5th: To my esteemed friend Eunice Jennifer I give and devise fifty dollars to be paid by Executor in money in addition to whatever is fair and right for her kindness in taking care of me in my last sickness.
Item 6th: The residue of my Estate real personal and misced I give and devise to my granddaughter Jenny Lind Hunter to be held in trust by said Executor for her until she shall be eighteen years old the interest thereof to be used if necessary toward her proper education and maintenance.
Item 7th: I hereby nominate and appoint John W. Applegate of said Hamilton Co. and State of Ohio, sole Executor of this my last Will hereby as such and from the usual duty of making and returning an inventory of my personal property to the Court and from making any public sale of my personal property.
Item 8th: I give and devise my watch, the tools of my trade all my wearing apparel and my pat[t]erns for making window ketches now at Brown & Co's or Miles Greenwood's Foundry in Cincinnati to said Jenny Lind Hunter. I do hereby revoke all former Wills by me executed. In testimory whereof I have hereunto set my hand and seal this 30th day of September 1867.
Benjamin S. [his mark] Manley (seal).
Signed sealed and acknowledge by said Benjamin S. Manley, as and for his last Will and Testament in our presence and by us signed in his presence at his request and in the presence of each other.
Christopher C. H. Tittle
Thereupon on the same day Christopher C. H. Tittle one of the subscribing witnesses to the last Will and Testament of Benjamin S. Manley late of this County deceased personally appeared in open Court and was duly sworn and examined according to law and his testimony therein was reduced to writing and filed in manner and form following to wit:
Affidavit: The State of Ohio Hamilton County S S. Hamilton Probate Court
Probate of the last Will of Benjamin S. Manley deceased, presented on the sixteenth day of August A.D. 1871. Personally appeared in open Court Christopher C. H. Tittle one of the subscribing witnesses of the last Will and Testament of Benjamin S. Manley 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 he, T. W. Applegate and Flora M. Smith were present at the making of said Will and, at the request of the deceased, subscribed their names to said Will as witnesses in the presence of the deceased, sign and seal said Will, and heard him acknowledge the same to be his last Will and Testament; that the said Benjamin S. Manley, 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 whatsoever. Christopher C. H. Tittle. Sworn to and subscribed in open Court this 16th day of August A.D. 1871. Geo. F. Hoeffer, Probate Judge.
Thereupon on the same day John W. Applegate one of the subscribing witnesses to the last Will and Testament of Benjamin S. Manley late of this County deceased personally appeared in open Court and were duly sworn and examined according to law and their testimony therein was reduced to writing and filed in manner and form following to wit:
Affidavit: The State of Ohio Hamilton County SS. Hamilton Probate Court.
Probate of the last Will and Testament of Benjamin S. Manley, deceased, presented on the sixteenth day of August A.D. 1871. Personally appeared in open Court John W. Applegate and Wm. Jerome Applegate who being duly sworn in according to law, to speak the truth, the whole truth, and nothing but the truth in relation to the handwriting and signature of T. W. Applegate one of the subscribing witnesses to said Will, depose and say: they often saw Theophilus W. Applegate write. They have carefully examined said T. W. Applegate's signature as subcribed to said last Will of Benjamin S. Manley now shown them by said Court and they are sure signature of said T. W. Applegate is genuine, and was written by him and that said T. W. Applegate is deceased. John W. Applegate Wm Jerome Applegate, Sworn to and subcribed in open Court this 16th day of August A.D. 1871. Geo. F. Hoeffer Probate Judge.
Now here to wit: on the same day our said Court made an order herein as follows.
Probate: In re last Will and Testament of Benjamin S. Manly, deceased. The last Will and Testament of Benjamin S. Manley late of this County deceased was this day presented to the Court.
Scan of original document (page 1)
Wills 1842-1873 vol 13-14, pp 119-122
T. W. Applegate
Flora M. Smith.
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Scan of original document (page 2)
Scan of original document (page 3)
