Will of Benjamin Hart
Pettis County, Missouri
Will Book, Vol 1, pp 84-87
drawn Dec 28, 1853
I Benjamin Hart late resident of the State of Missouri, County of Pettis County, Flat Creek Township and now temporary resident of Gilead Township, Morrow County, State of Ohio, do make and publish this my last will and testament in manner and form following that is to say.
First, it is my will that my funeral expenses and all my just debts be fully paid.
Second, it is my will that my land in Missouri, Pettis County, Flat Creek township be sold to the best possible advantage either at public or private sale by my executors as they shall think best and the money put to interest and my wife Polly to draw the interest during her natural life and if that is not sufficient for her comfortable support she is to draw part of the principle a sufficiency to make her comfortable during her natural life, and also what may be necessary for the support of my youngest son Bishop Morris until he shall be able to support himself, it is also my will that my wife Polly have the guardianship and control of my sons Joseph Nelson and Bishop Morris during their minority.
Third, Whatever of personal property there is that my wife does not need sold and all moneys due and owing to me shall be collected and any just debts and funeral expenses be paid first, and if any is left of personal effects it is my will that my wife Polly shall get it.
Fourth, it is my will that after the decease of my wife that my daughter Elizabeth Ransdall be paid fifty dollars for her legacy and the balance whatever it may, shall be equally divided between my two sons Joseph Nelson and Bishop Morris, and lastly I hereby constitute and appoint my said wife and Benjamin Ransdell of Pettis County Missouri to be the executors for this my last will and testament.
In testimony whereof I have hereunto set my hand and seal this 28th day of December AD 1853.
Benjamin Hart (seal)
Signed, published and declared by the above named Benjamin Hart as for his last will and testament in presence of us who at his request have signed as witnesses to the same.
John Mateer, John Dalrymple
The State of Ohio, Morrow County
Before Thomas H Dalrymple a justice of the peace in and for said county personally appeared John Mateer and John Dalrymple subscribing witnesses to the last will and testament of Benjamin Hart late of Pettis County in the State of Missouri deceased, who being duly sworn according to the Law expose and say that the witness anexed to his commission as the last will and testament of the Benjamin Hart, deceased. That they subscribed there names thereto as the attesting witnesses at the request of the said testator and in his presents and in the presents of each other and hath signed the same in our presents and acknowledged the same to be his last will and testament and that he signed as such & that said testator at the time of the executing the same was of sound mind and memory and not under any restraint. John Mateer, John Dalrymple
Sworn to and subscribed before me this 16th day of June AD 1854, Thomas H Dalrymple, Justice of the Peace, Morrow County, Ohio.
The State of Ohio, Morrow County, I Benjamin P Truex Clerk of the Court of Common Pleas within and for said County do hereby certify that Thomas H Dalrymple Esqr before whom the foregoing affidavit was made and whose genuine signature appears to the certificate thereto annexed was at the time of making and signing said certificate, a justice of the Peace within and for said county, commissioned and qualified according to law, commission dated November 8th AD 1851 and will expire November 8th Ad 1854 and that the same is in all respects in accordance with the laws of Ohio. In testimony whereof I have hereunto set my hand and affixed the seal of said Court at Mt. Gilead this 16th day of June Ad 1854. B J Truex Clk, by Samuel Poland, Dept.
State of Missouri, County of Pettis
The State of Missouri to any Judge or Justice of the Peace of the county of Morrow in the State of Ohio: Greeting. You are hereby informed to take and certify the attestation of John Mateer and John Dalrymple as witnesses to the will of Benjamin Hart, which said will is here to annexed, which said certificate and will you will send to the County of said County of Pettis with all convenient speed.
In testimony whereof I R R Spedden Clerk of the County Court within and for said County of Pettis, hereunto set my hand and affix the seal of said Court at Office in Georgetown this 3rd day of June Ad 1854. R R Spedden, Clk
Pettis County Court July 4th, 1854.
The last Will and testament of Benjamin Hart was this day produced before the Court and it appearing to the satisfaction of the Court that the same has been proven by the testimony of John Mateer and John Dalrymple, the same is admitted to probate and ordered to be recorded.
In testimony whereof I have hereunto set my hand and the seal of said court this 4th day of July, 1854. R R Spedden, Clk
Submitter: Transcribed by Cathy Warbritton as is and as a service. She is not researching these families and does not have further genealogical information on them.