This is the last Will and Testament of John Kershner transcribed by me from the original found on Ancestry.com a pay site (original will). I broke it up into paragraphs for easier reading but otherwise tried to keep it as close to the original as possible. Words I haven't been able to decipher yet are represented by a line _______. J. Taylor, Jan. 5 2022
The Last Will and Testament of John Taylor
The state of Ohio Clark County ss: Br it Review board: that heretofore towit: on the 30th day of March in the year of his Lord Eighteen Hundred and Eighty Five the Last Will and Testament of John Kershner, late of Clark County, Ohio. Deceased was presented for Probate in this Court. Said Last Will and Testament is in the words and figures following towit:
Know all men by these present that I John Kershner, of the city of Springfield, Clark County, Ohio in feeble bodily health but of sound and disposing mind and memory do hereby make and publish this my last will and testament.
Item 1. I direct that all my just debts be paid by my executors out of my estate as soon as the same can be done.
Item 2. I give to my only son George E. Kershner my watch, my guns and hunting apparattus, and one horse to be selected by him from among the horses owned by me at the time of my death.
Item 3. I give devise and bequeath all the residue of my estate, real, personal and mixed to my wife Adaline Kershner to have and to hold the same for her sole use and enjoyment during the remainder of her natural life: subject however to the charge of paying all lawful taxes and assessments therein and keeping the same in repair and maintaining my minor children during their minority out of the income and profit derived from said residue.
Item 4. I hereby authorize and fully _______ my said wife Adaline Kershner, as sole executrix in that behalf under this item of my will to sell and convey all that parcel of real estate owned by me in the fifth ward of the City of Springfield, Clark County, Ohio, which I purchased of George Spence(?), and which I have had platted into City lots and all the real estate owned by me which is situated in the State of Missouri as a whole or in parcels where ever she deems it advisable to do so, to such person or persons and for such price and upon such time as she may think proper and as such executrix and deliver all necessary deeds to convey to the purchasers of said real estate authorized by tahis item to be sold a good title.
Item 5: In case my said wife should so desire, she is hereby authorized to invest the proceeds realized from the sale of real estate under item four of this will in improving any other real estate owned by me at the time of my death or in improving the lots owned by her own right, by building thereon or in such way as she may deem proper.
Item 6. If at any time my wife should desire to distribute among my children any surplus income or profit derived from my estate by her under item 3 of this will I request that she make such distribution equally among all of my Children.
Item 7. Subject to the use of the residue of my estate by my wife during her natural life as herein before provided I will devise and bequeathe the same to my children, Amanda F Roush, Mary A Schuster, Sarah Catherine Kershner, George E. Kershner and Alice Adaline Kershner, share and share alike and I direct that the same be equally divided among my said five children at the death of my said wife. If any of my said children should die leaving children before said distribution is made the issue of such child to take his or her share of my estate under this will.
Item 8. I nominate and appoint my wife Adaline Kershner Executrix and my son-in-law Christian A. Schuster executor of this will and direct that no bond be required of him or either of them. The provisions I have made for my wife is in lieu of _____ and all other interest in my estate. in witness whereof I have hereunto set my hand and seal this 28th day of April A. D. 1884. John Kershner (seal).
Signed sealed and acknowledged by John Kershner as his last will and testament in our presence and signed by us as witnesses in his presence and at his request Geo. Arthur, D. S. Trimmer. And afterward towit: On the 30th day of March A. D. 1885, there was filed in this Court the following application to admit to probate said will in the words and figures herein towit: in the probate Court, Clark County, Ohio. John Kershner, Deceased Application to Probate Will. To the Honorable the Judge of said Court. And ____ come Christian A. Schuster and produces for admission to probate in said Court the Last Will and Testament of John Kershner, late a resident of the City of Springfield in said County who died on the 24th day of March A.D. 1885 having an estate situate in said County. Said testator died leaving Adaline Kershner his widow and the following persons all of his next of kin resident in the State of Ohio.
Name--------------------------------------Degree of Kinship--------------------------P.I. Address
- Amanda F Roush---------------------Daughter-------------------------------Springfield, Ohio
- Mary Schuster-------------------------Daughter-------------------------------Springfield, Ohio
- Sarah C. Kershner--------------------Daughter------------------------------Springfield, Ohio
- George E. Kershner------------------Son---------------------------------------Springfield, Ohio
- Alice Kershner----------------------- Daughter-------------------------------Springfield, Ohio
C. S. Schuster. The State of Ohio, Clark County es: the above named Christian A. Schuster having first duly sworn, says the statements of the forgoing application are true as he verily believe.. Sworn to before me and subscribed in my presence this 30th day of March A.D. 1885 John C. Miller, Probate Judge. And also on the same day there was issued out of said Court the following notice to heirs and nest of kin herein, towit: The State of Ohio, Clark County as: In Probate Court March 30th 1885. To Adaline Kershner, Amanda F Roush, Mary Schuster, Sarah C. Kershner, George E. Kershner and Alice Kershner. You and each of you are hereby notified that a paper purporting to be the last will and testament of John Kershner late of said County deceased has this day been offered for Probate in this Court and that said matter will be finally heard by this Court on Thursday the 2nd day of April 1885, at 2 o'clock P,M. Witness my signature and the Seal of this Court on this 30th day of March 1885. John C. Miller. Probate Judge (seal). Which notice was afterward towit: On the 1st day of April 1885 duly returned into said Court endorsed as follows. The State of Ohio, Clark County es: __________ ___________ being duly sworn says that on the 31 day of March 1885 I served this notice by delivering a copy thereof to each of the following named persons towit: George E. Kershner and Alice Kershner. _______V. Hanauer(?). Sworn to and subscribed before me this April 1st. 1885. John C. Miller Probate Judge. By K. A. Cummings, Dep. Clk. On the undersigned widow and next of kin of John Kershner deceased, do each of us acknowledge due and legal service of the ______ notice. March 30th 1885. Adaline Kershner, Amanda F Roush, Mary Schuster, Sarah C. Kershner, and afterward towit: on the 2nd day of April 1885 the testimony of the subscribing witnesses to said will of John Kershner, Deceased. was taken in open Court reduced to ______ and ______. Said testimony was in the words and figures herein towit: In the matter of the Probate of the Last Will and Testament Deceased. in the Probate Court of Clark County es: Be it Remembered that on the 2nd day of April A. D. 1885 Personally appeared before the Judge of said Court D. S __________ and Geo. Arthur who being of lawful age and first duly sworn depose and say that they were subscribing witnesses to the paper now here presented to them purporting to be the Last Will and Testament of John Kershner late of said County deceased: that they were present at the execution of said last will and Testament: that they saw the testator subscribe and heard him acknowledge the same as his last Will and Testament and that they signed the same as witnesses in the presence of said testator and at his request: and that the testator at the time of executing the same was of full age, of sound mind and memory and not under any restraint. D. S. Trimmer, Geo. Arthur. Sworn to before me and subscribed in my presence this 2nd day of April A. D. 1885. John C. Miller, Probate Judge. And afterwards towit: on the said 2nd day of April A. D. 1885 the Judge of said Court made and entered in the Journal thereof the following entry finding and order herein towit: April 2nd. 1885. John Kershner, Deceased. Application having been heretofore towit: On the 30th day of March A. D. 1885 made to admit to probate the last Will and Testament of John Kershner late of Clark County, Ohio. Deceased and notice of the time of hearing of said application having been given as _______ by the Court to the widow and next of kin of the testator resident in the State of Ohio: ____said application now coming on to be heard. Whereupon said will was duly proved by the oaths of D. S. Trimmer and Geo. Arthur subscribing witnesses thereto who were duly sworn and examined in open Court and there testimony reduced to writing and filed and it appearing to the Court from the testimony of said witnesses that such will was duly attested and executed and that the testator at the time of executing the same was of full age and of sound mind and memory and not under any restraint. It is now here ordered that said will be admitted to probate and that the same together with the testimony so taken and reduced to writing be recorded. John C. Miller, Judge of Probate. And also in the same day the judge of said Court made and entered in the Journal heard the following entry herein towit: this day came into Court in person, Adaline Kershner, widow of John Kershner, late of this County, deceased and made application to elect under the will of her deceased husband and thereupon the Court explained to her the provisions of the will: her rights under it and by Law in the event of her refusal to take under the Will and she there made her election to take under the Will and her said election is now here entered of record. John C. Miller Judge of Probate, April 2nd 1885.