Bohart, Peter

BOHART, MILLARD, TALLMAN

Posted By: Charlotte
Date: 5/12/2003 at 00:29:24

Last Will and Testament of Peter Bohart

Record of Wills, 1855

At a probate Court began and held at the courthouse in DeWitt December 3, 1855.

Present, Daniel McNeil County Judge

The following wills were admitted to Probate, allowed and ordered to be recorded court.

I, Peter Bohart of the Town of Camanche, County of Clinton and State of Iowa, coxxxxxending my soul to God, and consigning my body to the Earth from whence it was taken believing in our holy religion as taught by Jesus Christ, and being of sound mind and memory do hereby make, publish and declare this my last Will & Testament.

First, I give and bequeath to my beloved wife Martha J. Bohart, the following xxxxxxx premises situated in the county of Clinton and State of Iowa, Court. The South East quarter, and the East half of the South West quarter of Section No. two (2) in Township No. Eighty-one (81) North of Range No five (5) East of the fifth xxxxxxx meridian containing two hundred and forty acres more or less.

To have and to hold said premises unto the said Martha J. Bohart for her sole use and benefit and those of my children who remain with her until my youngest child now living or until my youngest child or children who may be born of her by me begotten shall arrive at the age of twenty one years. At which time I appoint and authorize my wife a Trustee to make, execute and deliver good and sufficient deed for said premises to all my children dividing it equally among them all.

And I hereby appoint the said Martha J. Bohart sole guardian of my children now living or who may be subsequently born of her by me begotten and I hereby authorize her to extend such sxxxx or sxxxx of money to be derived by the rents and profits of said premises as she shall deem necessary for their support, maintenance and Education.

Second, I also give and bequeath to my beloved wife, Martha J. Bohart the following described premises situated in the Town of Camanche, County of Clinton and State of Iowa to with. Lots No. Seven (7) and eight (8) in Block No eleven (11) in Range No two (2) in the village of Camanche, to have and to hold said premises unto the said Martha J. Bohart for her own use and benefit and those of my children who remain with her until my youngest child now living or until my youngest child or children who may be born of her by me begotten before or subsequent to my decease shall arrive at the age of twenty-one years unless the same be sooner sold. And I hereby appoint my wife the said Martha J. Bohart a trustee with full power to sell the last above described premises at any time during the period above mentioned and to give to the purchasers thereof good and sufficient warranties deeds for the same and to apply the proceeds there of in xxxxment of debts and demands against my Estate and to use the remainder in making improvements on the premises first described but if not sold within the period above mentioned then I appoint and authorize my wife Martha J. Bohart a trustee to execute and deliver to my children then living good and sufficient deeds for said premises dividing it equally among them.

Third, I also give and bequeath to my beloved wife Martha J. Bohart all the rest, residue and remainder of my property of whatsoever nxxxx and nature, to have and to hold unto the said Martha J. Bohart forever.

Lastly, I hereby nominate and appoint my wife Martha J. Bohart sole executrix of this my last Will and Testament.

In case of the marriage of my wife Martha J. Bohart before the expiration of the period when the youngest child arrives at the age of twenty one years, then I hereby revoke this my last Will and Testament.

State of Iowa |
Clinton County | SS

I, L. Wheeler clerk of the county court of said Clinton County, hereby certify that the witness’ Will was publicly read on the first Monday in October A. D. 1855 and the Testimony of Benjamin Tallman taken on the past Monday in November A. D. 1855 and for the proof of R. B. Millard was continued till this day where the will was again examined in open court and proved by the said Roswell B. Millard who with the said Benjamin Tallman was subscribing witness thereto and to said Will was allowed and ordered to be recorded.

In witness whereof I hereunto subscribe my name and affix the seal of said county court of DeWitt this 3re day of December A. D. 1855.

Loring Wheeler, Clerk.

Recorded by me this 3rd. day of Dec. 1855

David McNeil, County Judge

In witness whereof, I have hereunto set my hand and seal this 16th day of August
A. D. 1855.

Peter Bohart

The above instrument consisting of two sheets single was at the date hereof signed sealed published and declared by the said Peter Bohart, as and for his last will and testament in witness of us who at his request and in his presence and in the presence of each other have subscribed our names as witness hereto.

Roswell B. Millard of Camanche, Clinton County and State of Iowa

Benjamin Tallman of Camanche, Clinton County & State of Iowa