William Bennett Jr. Last Will and Testament, Page 1

Source:
The Estate of William Bennett
Will record: Volume C, Page 83
Estate Case Packet 1471

I Received This On May 15, 2012 From:
117 S. Main Street, 6th Floor
Dayton, Ohio 45422

Transcription: 
I, William Bennett, of the County of Montgomery and state of Ohio, do make my Last Will and Testament in manner and form following that is to say first that it is my will and testament that my funeral expenses and all my just debts be fully paid. Second, I give, devise and bequeath to my beloved wife, Mary Bennett, in lieu of her dower, the plantation on which we now reside situate and living and being in County and State aforesaid containing 174 acres during her life or a term no exceeding six years. All the live stock horses, cattles, sheeps, Hogg plows burrors and wagons horses gear and the grain in the ground by me now owned and kept therein. Also all the household furniture and other items not particularly mentioned or named and otherwise disposed of in said will during these six years. She however may disposing of sufficient part thereof to pay my just debt or funeral expenses debts aforesaid and my wife Mary may sell any part of my movably property at any time she see cause within these six years. It is also my will that in case my wife may see cause to sell my farm she shall have the privilege to sell to the best advantage she can and after she has taken one third of the money out for her own living then the remainder is to be equal divided among my heirs and assigns and that at the death of my wife all the property herby devised and bequeathed to her as aforesaid or so much thereof as may then remain unexpended to my heirs and assigns for ever. And lastly it I thereby constitute and appoint Daniel Hawvermall to be my Executor for this my Last Will and Testament revoking and

William Bennett Jr. Last Will and Testament, Page 2

Source:
The Estate of William Bennett
Will record: Volume C, Page 83
Estate Case Packet 1471

I Received This On May 15, 2012 From:
117 S. Main Street, 6th Floor
Dayton, Ohio 45422

Transcription Cont.:
annulling all former will by me and made and ratifying and confirming this and no other to be my last will and testament. In testimony whereof I have hereunto let my hand and seal this sixteenth day of May in the year of our Lord one thousand eight hundred and thirty seven.
 
Signed published and declared by the above named William Bennett as and for his last will and testament in the presence of us who at his request have signed
 
Witnesses: Nathan Worley, H. G. Markey, John Heffner


The State of Ohio, Montgomer County SS.
Court of Commons Sieas Joly Term 1837.

Personally appeared in open court, George Markee and John Heffner who being duly sworn depose and say that the paper now before them purporting to be the last will and testament of William Bennet, now deceased, was the said William Bennett acknowledged published and declared by him to be his last will and testament in the presence of these deponents; that the said deceased was of lawful age, that he was of sound and disposing mind and memory and under no restraint, as they verily believe, that they subscribed the same as witnesses in the presence and at the request of the testator and in the presence of each other.

Sworn & subscribed in open court this 26 day of July 1837.

H. G. Markey, John Heffner + His Mark
E. W. Davies, Clerk

William Bennett Jr. Last Will and Testament, Page 3

Source:
The Estate of William Bennett
Will record: Volume C, Page 83
Estate Case Packet 1471

I Received This On May 15, 2012 From:
117 S. Main Street, 6th Floor
Dayton, Ohio 45422

Transcription Cont.:
The State of Ohio, Montgomery County} ss.

Be it remembered that on the twenty sixth day of July in the year of our Lord, one thousand eight hundred and thirty seven, at a term of the Court of Common Pleas within and for the County of Montgomery, before the Honorable William L. Helfanstein, President Judge, and John Turner, Thomas Winters & George Otinger Esquires, Associate Judges of said Court, the within written last will and testament of William Bennet, late of said county deceased bearing date the sixteenth day of May, Anno Domini one thousand eight hundred and thirty seven was produced in court and proven by the oaths of H. G. Markey and John Heffner, two of the subscribing witnesses thereto, whose examination was reduced to writing. And it appearing to the Court that the said William Bennet, at the time of executing said will, was of full age, sound mind and memory and not under any restraint.

It is ordered that the said will and proof so reduced to writing be recorded.

On motion it is ordered, that letters testamentary be granted to Daniel Haworemall, the executor named in said will, and he was sworn and gave bond in the penal sum of six hundred dollars with Abraham Vorhees & Peter Hawvermall, as his surieties, conditioned according to law.

Attest: Edward W. Davies Clerk

The State of Ohio, Montgomery County} ss: To all whom these presents shall come, greeting. Whereas William

William Bennett Jr. Last Will and Testament, Page 4

Source:
The Estate of William Bennett
Will record: Volume C, Page 83
Estate Case Packet 1471

I Received This On May 15, 2012 From:
117 S. Main Street, 6th Floor
Dayton, Ohio 45422

Transcription Cont.:
Bennet, late of Montgomery County aforesaid, deceased, did, by his last will and testament, make ordain, constitute and appoint Daniel Hawvremall executor of the same: And whereas at a Court of Common pleas, holden at Dayton in said County on the twenty sixth day of July, in the year of our Lord one thousand eight hundred and thirty seven before the Honorable William L. Helfenstein, Presiding Judge, John Turner. Thomas Winters, adn George Olinger, Esquires, Associate judges of the said Court, the same last will and testament was exhibited and duly proved; and the executor therein named, having signified his willingness to accept the trust reposed in him by said testament, Therefore be it known, that by the said Court of Common Pleas, administration of all singular the estate of the said William Bennet, deceased is hereay committed to the said Daniel Hawvremall exector as aforesaid, to be by him administered according to law and agreeably to the tenor of the said last will and testament: provide however, that it shall be the duty of the said Daniel Hawvremall, executor as aforesaid, to have all and singular the goods and chattels belonging to the estate of the said William Bennet, deceased, not otherwise disposed of by the said last will and testament, inventoried and appraised by John I. Weaver, Samuel Kordahefer and William Wornick householders of the County aforesaid, under oath or affirmation; and the said inventory and appraisement, together with an accurate statement of the debts due and owing to the estate of the said deceased, to return to the office of the clerk of the Court of Commons pleas of the County aforesaid within

William Bennett Jr. Last Will and Testament, Page 5

Source:
The Estate of William Bennett
Will record: Volume C, Page 83
Estate Case Packet 1471

I Received This On May 15, 2012 From:
117 S. Main Street, 6th Floor
Dayton, Ohio 45422

Transcription Cont.:

three months from the date hereof; and further to settle up the estate so far forth as the provisions of the said Last Will and Testament will admit, within eighteen months from the dater hereof; and a true and accurate statement thereof to make and return to said Court of Common Pleas, as the Law directs. Witness the Honorable William L. Helfenstein, President Judge of the Court of Common Pleas, at Dayton, this twenty seventh day of July Anno Dominic 1837.

Edward W. Davies Clerk

Cemetery plot location. Most graves and headstones are buried under lawn and parking lot.