Two wills were filed in Judge W. O. Secrest's probate court Friday:
[The Times Recorder, Jan. 6, 1940]
In Probate Court Friday June 12th 1885
In the matter of the last will and
Testament of Henry Krigbaum deceased Probate of Wills
This day the last will and testament of Henry Krigbaum late of Muskingum County, Ohio, deceased, was produced in writing in open court and duly proven upon the oaths of William Hunter and Colonel Sumers, the attesting and subscribing witnesses thereto and whose testimony was reduced to writing and filed herein. And it appearing to the court that Nancy M Krigbaum, the widow and Demetrius L. Krigbaum, Jonathan A. Krigbaum, William C. Krigbaum, Giles D. A. Krigbaum, Maria Musselman and Altha Sutton, the next of kin of said decedent residing within the State of Ohio have all been duly notified in pursuance of the former order of this court that an application to admit said will to probate had been made and that the same would be for hearing this day at ten o'clock A.M. and proof of said notice filed herein and it further appearing to the court from said testimony that said will was duly executed and attested and that the said testator Henry Krigbaum, deceased, was at the time of the execution of said will of full age and of sound disposing mind and memory and free from any restraint. It is now by the court ordered that said will be and the same is hereby admitted to probate and that the same together with the testimony of the witnesses and this entry be duly recorded.
Geo. L. Foley, Judge
I, Henry Krigbaum of Muskingum County, Ohio, being of sound and disposing mind and memory and free from all restraint do make, publish and declare this my last will and testament in the manner following. That is to say: Item first - I give and bequeath unto Harry F. Krigbaum, son of Demetrius L. Krigbaum, the sum of five hundred dollars as a special legacy. Item second - I give and bequeath unto my son Giles D. A. Krigbaum the sum of five hundred dollars as a special legacy. Item third - I give and bequeath unto my son Demetrius L. Krigbaum the sum of one thousand dollars as special legacy. Item fourth - I give and devise to my daughter Mary L. Krigbaum for and during her natural life only and in trust only, the use, interest or income of two thousand dollars which said sum of two thousand dollars I direct the executor of my will to invest for her benefit in such security or securities as to him shall seem best or to loan the same upon security and to hold and retain such instrument or loan in trust for the use and benefit of my said daughter for and during her natural life as aforesaid and the interest or income arising therefrom to pay over to my said daughter from time to time during her natural life as aforesaid for her support and maintenance after deducting from such interest or income any taxes, assessment or other expenses attending said trust and reasonable compensation for the management of the same,. Should my said daughter Mary marry and die leaving any child or children surviving her then said sum of two thousand dollars I give and bequeath to such child or children in equal shares and in case she shall die unmarried or childless, then said sum of two thousand dollars shall be distributed by my executor as hereinafter provided viz: to her then surviving brothers and sisters, share and share alike. Item fifth: Whereas I entered into an anti-nuptial contract in writing and under seal on the 4th day of January 1875 with Nancy M. Walker, now my wife, wherein and whereby I covenanted that my executor should within a reasonable time after my decease set apart the sum of four thousand dollars to be by my said executor invested in bonds or stocks or loaned upon real estate security, and the proceeds thereof to be paid to said Nancy M Walker, now my wife, annually during her natural life and whereas the said Nancy M. Walker in and by said contract agreed to accept the interest or income upon said sum of four thousand dollars so to be invested as aforesaid and that the same should constitute a jointure to the said Nancy M Walker in lieu and full satisfaction of any dower right, title or claim which might accrue to her by virtue of her marriage with me in any estate, real, personal or mixed, which I might have at time of marriage or subsequently acquire. Now therefore, I hereby ratify and confirm said contract in every respect. And it is my will and I hereby authorize and direct my executor to take from the proceeds of the sale of personal property or real estate or both the sum of four thousand dollars as soon as the same can reasonably be done and invest the same in bonds or stocks or loan the same upon real estate security and to pay over the interest or income thereof annually to my widow, Nancy M. Krigbaum, for and during her natural life said sum of four thousand dollars shall be held by my executor in trust for the purposes herein expressed for and during the natural life of the said Nancy and after her death I will and direct that the same be divided or distributed between my then living children, share and share alike. The provisions of this item are in confirmation and ratification of said marriage contract herein named and are not intended to be in addition thereto. Said Nancy shall have and enjoy the provisions of said contract for marriage or the provisions of this will as she may elect but she shall not have both and her election to accept the provisions of the one shall be considered and held to be an abrogation of her rights under the other and the provisions of this item are made and intended to be in lieu of any dower to which she would be entitled under the law as widow. Item sixth - All the rest residue and remainder of my estate, real, personal or mixed of whatever nature or kind and wherever situated I give, devise and bequeath to my nine children, equally. Namely: Demetrius L. Krigbaum, Jonathan A. Krigbaum, Ann M. Musselman, William C. Krigbaum, Jeremiah T. Krigbaum, Altha Sutton, Stephen M. Krigbaum, Stanis S. Krigbaum and Giles D. A. Krigbaum. Provided however that in as much as I have from time to time advanced and paid to my said children various sums of money for their benefit and advancement in the world in the amounts and to them severally, as nearly as I can now ascertain as follows. To wit: To Demetrius L. Krigbaum two thousand dollars. To Jonathan A. Krigbaum twenty two hundred and eighty six dollars. To Ann M. Musselman four hundred and two 29/100 dollars. To William C. Krigbaum two thousand dollars. To Jeremiah T. Krigbaum twenty eight hundred and seventy eight 12/100 dollars. To Altha Sutton one thousand dollars. To Stephen M. Krigbaum twenty eight hundred and seventy eight 13/100 dollars. To Stanis S. Krigbaum two hundred and thirty six dollars and to Giles D. A. Krigbaum five hundred and eight dollars. Now I do hereby will and declare that if any such sum or sums shall be equal to the share or shares of such child or children respectively of and in the property by me in the will devised or bequeathed for their respective benefit such sum or sums so paid or advanced shall in that case be accounted in full satisfaction of the share or shares of such child or children respectively in my said estate. But if such sum or sums shall be less than the share or share of such child or children respectively of and in said estate and property, then such sum or sums shall be accounted as part only of the share or shares of such child or children therein and in that case such child or children shall not receive or be entitled to any part or share of in said property hereby so devised or bequeathed to them until the other or others of such child or children shall have received as much of said property as shall make his, her or their share or shares thereof equal to the amount paid to or for such child or children respectively. To this end and intent that said property herein devised and bequeathed to said children may be equally divided among all said nine children share and share alike. It is my will and I hereby direct that no inquiry be made by my ex3ecutor into the amount of money by me paid or advanced to my said several children but the several sums above named as received by each shall be taken and held to be the true amount and the same shall constitute the basis of calculation in ascertaining the amount due the several children named in this item and the right of each of said nine children to participate in the provisions of this will depends upon their being compelled to account for the sums above named as paid to them respectively. Item seventh - I will and direct that the entire interests where my said son Stanis S. Krigbaum and my said Altha Sutton shall take under the provisions of this will shall be received by my executor and held in trust by him for the benefit of my said son and daughter for and during their natural lives respectively. And I hereby authorize and direct my executor to loan or invest the said interest in such manner as to him shall seem best keeping said interests separate and distinct and to pay over from time to time the interest or income arising from such loan or investment to the respective parties according to the earnings of their respective interests deducting first from such earnings the amount of any taxes or assessments due on account thereof and reasonable compensation for such trust. The bequest to my said son Stanis S. Krigbaum and daughter Altha Sutton in the sixth item of this will is intended to be but a life estate and here so declared and on the death of my said son or daughter I give and bequeath their respective interests so held in trust by my executor to their respective surviving child or children in equal portions. And in case of the death of either leaving no child or children surviving, then the interest of such one dying childless shall go to and be divided equally among his or her then surviving brothers and sisters. Item eighth: I will and direct that my executor shall sell all my personal property of every nature, kind and description at public or private sale and upon such time and terms as to my said executor may seem best and collect all outstanding obligations and choses in action with reasonable disposition. Item ninth: I will, authorize and direct and empower my executor to sell all of my real estate consisting of my old home farm of a little over three hundred acres in Fales Township in said Muskingum County and being a part of the first (1) quarter township one (1) and range eight (8) U. S. military tract and being the lands acquired by me from Amasa Van Horne and C. Burlingame. Also my present homestead consisting of about 4 81/100 acres being lot three (3) in a survey and plat made by John Roberts on the old Newark an Cos_____ Roads in the third (3) quarter of the first (1) township and seventh (7) range of said county and being the same premises lately conveyed to me by Jesse M. Davis and wife. I direct my executor to sell said real estate upon time payments within three years from my decease and as much sooner as an advantageous sale or sales can be made thereof. My executor using his best judgment in the processes thereof. My executor shall have power to sell any or all of said real estate at public or private sale and upon such terms as to him shall seem for the best interests of all concerned and a deed or deeds to make, execute and deliver to the purchaser or purchasers thereof thereby conveying the title to the same as fully and completely as I myself might do if living. And the proceeds arising from the sale of said personal and real property and from the collection of such outstanding obligations to administer according to the directions and provisions of this will firs paying all my just debts and funeral expenses. Item tenth. I will and direct that my son Demetrius L. Krigbaum shall have the right and privilege of remaining on and in possession of my said farm should he so elect until the same has been sold by my executor and in case he so remains he shall account for and pay rent to y executor for such use and occupation at the rate of six hundred dollars a year cash rental for the time so occupied. Item eleventh. I have omitted to name my son John P Krigbaum as a beneficiary under this will on purpose and for reasons satisfactory to myself. Item twelfth. I hereby nominate and appoint Frank H. Southard as executor of this my last will and testament. Item thirteenth. I hereby annul and revoke all former wills by me made. In witness whereof I have hereunto set my hand and seal this 14th day of April A.D. 1885.
Signed, sealed and declared by the said Henry Krigbaum to be his last will and testament in presence of us who at his request and in his presence and in the presence of each other have hereunto set our hands and subscribed our names as witnesses. We certify that the erasure in item third on page one and the interlineation "one thousand" the erasure of the word "but" in the 5th item on 4th page - the interlineation of the word "as follows" in the 6th item on 5th page the erasures of the words "that" in the 6th item - the interlineation of "sums" in the 7th item and the erasure of the words "arising from such sales" in the 9th item were all made before executed.
The State of Ohio
Muskingum County ss Probate Court
I, Geo. L Foley, sole judge and ex-officio clerk of the probate court within and for the county aforesaid do certify the foregoing to be a true copy of the last will and testament of Henry Krigbaum, late of Muskingum County, Ohio, deceased, together with the order of said court admitting said will to probate as the same appears from the records and files of said court. In testimony whereof I have hereunto set my hand and affixed the seal of said court at Zanesville this 26th day of March A.D. 1890.
Geo L Foley
Probate Judge and ex-officio clerk by ________ deputy clerk
The State of Ohio, Muskingum County, ss
I, Geo. L. Foley, sole Judge of the probate court of Muskingum County within and for the State of Ohio, the same being a court of law and record, do hereby certify that the signature attached to the foregoing certificate, purporting to the that of Geo. L. Foley is his genuine signature and the he was at the time thereof ex-officio clerk of said probate court and that the attestation of said clerk is in due fro of law and by the proper officer. Witness my hand and the seal of said court at Zanesville this 26th day of March A.D. 1890.
Geo. L. Foley, Probate Judge
In the Clerk's Office of the county court of Mineral County, West Virginia. In the recess of said court. On this 31st day of March 1890 a duly authenticated copy of the last will and testament of Henry Krigbaum, late of Muskingum County, Ohio was presented in the Clerk's Office of the county court of Mineral County for record. It appearing that the said will has been duly proven in the probate court of Muskingum County, Ohio, the same is admitted to record. Frank H. Southard the executor therein named having declined to qualify as such in this state. On motion of Wm. Clayton he is permitted to qualify as administrator with the will and upon his executing bond with the good security in the penalty of one thousand dollars conditioned according to law. Thereupon the said Wm. C. Clayton with Orlando Shay as his surety entered into and acknowledged bond in the penalty and with conditions as aforesaid which said bond is approved and the said Wm. C. Clayton qualified by taking the required oath. Given under my hand this 31st. day of March 1890.
J. V. Bell, Clerk [Mineral County, West Virginia will book 1 - Transcribed for Genealogy Trails by Jo Chavers]