Hamilton County, OH
Mary A. Hunter Deceased.
It appearing to the Court that on the nineteenth day of January A.D. 1859, the last Will and Testament of Mary A. Hunter 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 he 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 there to 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 is hereby restored from said original Will and Testimony as provided by Statute in the words and figures following to wit:
5139 "Pleas[e] at the Court House in Cincinnati in the County of Hamilton and State of Ohio of the Hamilton Probate Court at a session there of held at the place aforesaid, on the nineteenth day of January, in the year of Our Lord one thousand eight hundred fifty nine, before the Honorable George H. Hilton, sole Judge of said Court, that on the day and year aforesaid, the last Will and Testament of Mary A. Hunter late of this County, deceased, was duly presented to the Court for Probate and Record, clothed in the words and figures following, to wit:
Will
I, Mary A. Hunder [sic Hunter] of Hamilton County in the State of Ohio, do make and publish this my last Will and Testament. I give and devise, in fee simple, to my father Benjamin S. Manly, and my daughter Jenney Lind Hunter the following Real Estate viz: All those certain Lots of land situated in the County of Hamilton and State of Ohio aforesaid in Burnet and Reeders Subdivision of Lots on Mount Auburn, being part of Section Fourteen (14) Town Three (3) Fractional Range Two (2) Miami Purchase, and Recorded in Platt [sic Plat] Book No. One (1) page Four (4) Hamilton County Records viz. Lots numbered one hundred and thirty seven (137) one hundred and thirty eight (138), one hundred and forty seven (147), and one hundred and forty eight (148) - Said Lots numbered one hundred and thirty seven (137) and one hundred and thirty eight (138) situated on the North side of McLean street, and said Lots numbered one hundred and forty seven (147) and one hundred and forty eight (148) situated on the south side of Donohue street. Lots number one hundred and thirty eight (138) and one hundred and forty eight (148) each twenty feet front by one hundred feet deep and bounded on the East by an alley. Lots one hundred and thirty seven (137) and one hundred and forty seven (147) each twenty five feet front by one hundred feet deep. The whole making a lot forty five feet front by Two hundred feet deep, together with all the privileges and appurtenances to the same belonging.
I hereby elect my father Benjamin S. Manly, the executor of this my Last Will and Testament, and that my said Executor be not required to give bond. I do hereby revoke all previous Wills by me made. In testimony here of, I have hereunto set my hand and seal, this seventeenth day of September in the year eighteen Hundred and fifty eight.
Mary A. Hunter (Seal)
John W. Applegate
Thereupon on the same day John W. Applegate and Margaret Shaw, two of the subscribing witnesses to said Will personally appeared in open Court and were duly sworn and examined according to law and their Testimony 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 of Mary A. Hunter deceased, presented on the 19th day of January A.D. 1859.
Personally appeared in Court John W. Applegate and Margaret Shaw two of the subscribing witnesses to the last Will and Testament of Mary A. Hunter 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, depose and say that they together with Isabella C. Wilson the other subscribing witness who is now confined to bed by sickness 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, and of each other: that they saw the said Mary A. Hunter deceased, sign and seal said Will, and heard her acknowledge the same to be her last Will and Testament: that the said Mary A. Hunter 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.
John W. Applegate
Sworn to and subscribed in open Court, this 19th day of January A.D. 1859. Geo. H. Hilton Probate Judge.
Now here to wit, on the same day our said Court made an order herein as follows to wit:
Probate In the matter of the last Will and Testament of Mary A. Hunter deceased
The Last Will and Testament of Mary A. Hunter, late of this County deceased, was this day presented to the Court for Probate and Record. Whereupon John W. Applegate and Margaret Shaw, two of the subscribing witnesses to said Will, personally appeared in open Court and were duly sworn and examined according to law, and their Testimony was reduced to writing and filed. It appearing to the Court from the Testimony so taken that said Will was duly executed and attested and that the Testator at the time of executing the same, was of full age, sound mind and memory and not under any restraint, the Court now admits said Will to Probate and orders the same together with the Testimony to be recorded according to the provisions of the Statute in such cases made and provided. "It is further ordered by the Court that the said Will and the Probate thereof be re-recorded and the same is now done, and that said Record have the same force and effect as said Original record.
Herman Goebel
Scan of original document (page 1)
Wills 1840-1869 vol 15-16, pp 489-491
Signed, sealed and acknowledged by the said Mary A. Hunter, as her last Will and Testament in our presence, and by us signed in her presence and at her request, and in presence of each other.
Isabella C. Wilson
Margaret Shaw.
Margaret Shaw
Probate Judge
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Scan of original document (page 2)
