Will of John Poff, son of Heinrich (Henry) Pfaff
Will Book #5 1858-1869
The State of Ohio Fairfield Co:
Be it remembered that on the tenth day of October in the year of our lord one thousand eight hundred and fifty nine the following paper writing purporting to be the last will and testament of John Poff Late of the County and State aforesaid deceased was produced in the Probate Court of Said County and offered for Probate to wit:
Will: I John Poff of the County of Fairfield in the 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 I give and devise and bequeath to my beloved wife Salome Poff in Lieu of her dower the one third of all my personal estate and also the one third (1/3) of the proceeds of one hundred & Sixty acres of land Situate in the County of Cumberland and State of Illinois as soon as said land may be sold and converted into money by my Executors also the one third of all grain that my be raised upon the form I now reside on. Said farm containing in all 137 1/2 acres and being situated in the Township of Liberty in the County of Fairfield & State of Ohio also the one half of the apples in the orchard (the grain to be delivered to her in the bushel) also all my household & kitchen furniture also the following articles, Namely her choise of three cows 10 head of Sheep 8 head of Hogs all the wool flax yarn or cloth on hand at my death having been intended for the use of the family also provision for herself and family for one year after my death. It is also my will and desire that my said wife Salome shall reside and have for her own use and faamily the House I now occupy during her Natural life and at the Death of m y wife all the property devised or bequeath to her as aforesaid or so much as may remain unexpended shall belong to my children share and share alike or their heirs or assigns for ever. Third It is my will that my personal property be appraised and sold at public sale as soon as convenient after my death and the proceeds thereof divided as follows: one third to my wife Salome Poff, as before stated and the remaining two thirds (2/3) to be divided Equally amongs all my children Namely Henry Poff, Ann Poff, now wife of Samuel Ault, Elizabeth Poff, Caroline Poff, Salome Poff, Maria Poff, Almeda Poff and Adam Poff Share and Share alike. Except my daughter Ann shall receive the sum of Fifty seven dollars less and my Daughter Elizabeth the sum of Twenty five Dollars less than Equal Shares with the others named they haven already received in my lifetime said amount and I further will and desire that my Executors make sale of the land I hold in the State of Illinois names 160 acres before mentioned and that the proceeds of said land when sold be divided as follows: to my wife Salome Poff one-third and the remaining two-thirds (2/3) to be equally divided among all my children share and share alike or their heirs or assigns. Said land however shall not be sold for ann sum less than one thousand dollars ($1000) and to effecutate this my intention I do hereby vest in my Executors full power and authority to dispose of my real Estate aforesaid in fee
page 84 simple in as full ?? a manner in every respect as I could myself if living.
Fourth. It is my express will that my homestead farm shall not be sold until the death of my wife Salome Poff or in case my wife should die before all my children shall have arrived at lawful age then the farm shall not be sold until myall my children have arrived at lawful age. But my will and intention is that my son Henry Poff shall occupy and have the use and charge of said homestead farm auntil the death of my said wife Salome or until mall my children have arrived at lawfyl age as aforesaid to Farm the Same in such manner as he thinks proper and best for his interests and shall not be required to pay any rent. Further than the following: Namely he shall give to my said wife Salome Poff one third of all grain raised on the farm in the Bushel. She shall also be entitled to pasture for three cows, ten head of sheep and privelieges to keep as many hogs as she may require for herself and family my son Henry Poff to furnisher Hay and fodder for said cows and sheep during the winter, he shall also furnish her with fire wood during winter and summer shall haul her grain to such market at such time and place as she may designate. Shall also take her grist to mill and bring back when ground. It is my will also that Henry shall one half and my wife Salome Poff the one half of such taxes as may be annually assessed upon my Homestead farm. Should any building upon said farm require any repair my son Henry shall be at one half of such expense and my wife tSalome Poff half of such expense. I further will and request my Executors to build a house upon the aforesaid Homestead farm for the use of my son Henry Poff at such place as they may see proper. Said House to be built and paid for out of the Proceeds of my personal Estate before a dividend is made at a cost of no more thant Two hundred Fifty Dollars ($250).
It is also m y will and desire that my much Esteemed Brother in law Samuel Aneshensle Should act in the Capacity of Guardian for my three youngest children, Namesly Maria, Almeda and Adam. And Lastly I hereby constitute and appoint my Son Henry Poff and F. W. Bigoney to be the Executors for this my last will and testament and ratifying and confirming this and no other to be my Last Will and testament.
In testimoney whereof I have hereunto set my hand and seal this 25th day of August A.D. 1859
JOHN POFF (seal)
Signed published and declared by the above named John Poff as and for his last will and testament in presences of us who at is request have signed as witnesses to the same.
ISAAC FRITZ G. W. FAIRCHILD
(Henry Poff, Executor of the above will and son of John whose will is entered above, married Rachel Bigony, d/o Francis Warley Bigoney. Her mother was a Fritz)
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