Last Will and Testament of Coleman G. Waller
Will Book # 3, p. 507
In the name of God, Amen! I, Coleman G. Waller of Perry Township Lawrence County, Ohio, now being of sound mind and memory, do make and publish this my last will and testament.
Item First—I give and devise to Elizabeth, my beloved wife, the sole use of the farm on which we now reside, situated in said Township and county, which has been my home during the past fifty-five years until my youngest child by her George S. Waller, shall attain the age of twenty-one years unless she shall sooner remarry, in which event, then it is my will that dower is assigned her, in said hand by mites and bounds. The said farm consists of three tracts of land measuring one hundred and eighty-six acres; I also give to my said wife, during her natural life, all the livestock, household goods, provisions, and other goods and chattels which may be thereon at my decease. In case that said Elizabeth remains a widow until said George shall arrive as full age, then it is my will that she have dower in said land as provided by law.
Item Second—I give and devise to my son Coleman G. Waller and George S. Waller and their heirs, the land aforesaid, subject to the use and limitation and provisions contained in Item One. If, however, either of my said two sons should die before the decease of my said wife, leaving no child or children living at the decease of my said wife, or if either of them should die before the younger one, George, shall reach the age of twenty-one years, then upon the death of my said wife, the share of the such deceased son is hereby devised, and bequeathed equally to all my heirs, who in the absence of any ??? ???? be entitled by law, to inherit the same—Provided however that in the happening of either contingency, herein specified, the survivor of my said two sons, shall retain his ??? share of said land by mites and bounds which shall ??? be subject to Partition in any Court.
Item Third—I give and devise to my grandchildren, children of my deceased daughter, Margaret Ann Dilley, deceased wife of Luke Dilley, dead, Fifty dollars to be divided equally between each of them, as may be living at the time of my decease.
Item Fourth—I give and devise to my daughter-in-law, ??? Waller for the benefit of herself and children, ??? deceased son, Coleman B. Waller, Fifty dollars.
Item Fifth—I give and devise to the children of my deceased daughter and the wife of R. C. Brammer, Fifty dollars to be equally divided between such of them as may be living at the time of my decease.
Item Sixth—I give and devise to my son William G. Waller Fifty dollars—The specific money bequests of fifty dollars each, in the four items last mentioned is upon the condition that after payment of my just debts, there shall be sufficient available assets to pay the same, without the sale of personal property belonging to my estate.
Item Seventh—I hereby nominate and appoint my beloved wife Elizabeth Waller guardian of my said children until each shall attain full age, that is, to say the said Coleman G. and George S. Waller now infants; but should she again marry then her guardianship to end. The said guardian or any successor of hers is hereby enjoined to give my said boys the full benefit of the Public Schools of the vicinity and to rear them in habits of industry and economy, and inculcate upon them the principles of the Christian Religion.
Item Eighth: I hereby nominate and appoint my son William G. Waller executor of this my last will and testament—I direct that no sale or appraisement of my personal property be made and ask the Court of Probate to direct the omissions of the same in pursuance of the statute—I hereby revoke any former will or wills by me made.
In witness whereof, I have here to set my hand the 14th day of June A. D. Eighteen hundred and Eighty-Eight.
Coleman X Waller
Next of Kin list:
William G. Waller son Rock Camp
Elizabeth Keys dau. “
Coleman Waller (9) son “
George S. Waller (7) son “
Nancy Waller (1 1/12) dau. “
Susan J. Hackworth granddaughter Rock Camp
George Dilley “ son unknown
James Dilley “ son Rock Camp
Merriby Allen “ dau “
Margaret Morgan “ dau “
Elizabeth Humphreys “ dau Mt. Savage, Ky
William A. Waller “ son Rock Camp
James K Brammer “ son “
Harrison Brammer “ son “
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