Robert MCWHORTER / MEWHORTER WILL
HENRY MCWHERTER
MARION COUNTY, OHIO
WILL OF HENRY MCWHERTER*
I, Henry McWherter (McWhorter) of the county of Marion and state of Ohio do make and publish this my last will and testiment as follows to wit.
I will and bequeath unto my wife Fanny McWherter (MeWherter) all my household furnature and kitchen utensils during her lifetime
and that at her death the same go to my two daughters Jane and Margaret Ellen Mcwherter and in the case of the death of either of my said daughters before the death of my said wife then to the survivor of them and if neither of my said daughters should survive my said wife and should die without issue then the said property shall be divided equally among my heirs at law
and I further will and bequeath unto my said wife Fanny McWherter the following property to wit two cows and calves and one colt and one saddle.
It is further my will to give and devise to my said wife Fanny during her life the farm on which I now live it being the east half of the north East quarter of section six township five Range fifteen in Marion county, Ohio containing eighty five acres more or less
At the death of my said wife I give and bequeath the said estate aforesaid to my two daughters, Jane and Margaret Ellen and their heirs if however either of my said two daughters should die before the decease of my said wife bearing no children living at the decease of my said wife then the share of said real estate devised to said deceist daughters is hereby given and devised to the survivor of them and her heirs, if both of my said two daughters should die before the decease of my said wife bearing no children living at the decease of my said wife then I devise and bequeath said property to my heirs at law equally. the said devise to my said wife to her in lieu of dower, in the ballance of my real estate.
I further give and bequeath unto my son Henry McWherter five hundred dollars and to my daughter Sarah Henry forty dollars and unto Mary McWherter wife of Peter McWherter one hundred dollars and I further give unto Amos C. McWherter the sume of two hundred dollars and unto Elias L. McWherter the sum of one hundred dollars
and I further decree and request that all the ballance of my property not mentioned in the aforesaid will shall be sold as in other cases of estates of deceased person and when my debts are all paid and if there should not be the full amount remaining as described above for the said Henry McWherter Sarah Henry Mary McWherter, Amos C. Wherter Elias L McWherter then in that case the sum remaining shall be divided among them according to each ones share.
I do here by nominate and appoint Jay Page (?) Executor of this my last will and testament hereby requiring him to compromise adjust release and discharge in such manner as he may deem proper the debts and claims due me. I do also authorise and request him to sell all my property not above bequeathed at public vendue as soon as the nature of the case will allow.
I do hereby revoke all former wills by me made. In testimony whereof I have hereunto set my hand and deal this twenty third day of April one thousan eight hundred and forty nine. Henry (his X mark) McWherter (seal)
Seald and acknowelegd by said Henry McWherter as his last will and testament in our presence and signed by us in his presence. William Foster, Giles Foster and Jay Page (?)
*Note: Henry McWherter may be a brother or cousin to Robert McWhorter/ MeWhorter of Marion Co. Ohio.
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