Last Will and Testament
of
Charles F. Muth
Please at the Court House in Cincinnati, in the County of Hamilton and State of
Ohio, of the Hamilton Probate Court, at a session thereof, held at the place
aforesaid, on the 24" day of May, in the year of our Lord one thousand
eight hundred and ninety eight, before the Honorable Howard Ferris, sole Judge
of said Court.
State of Ohio }} ss
Hamilton Probate Court
Hamilton County }}
Be it remembered, that on the twenty fourth day of May in the year of our Lord
one thousand eight hundred and ninety eight, the last will and testament
of Chas. F. Muth, late of this county, deceased, was presented to
this Court for probate and record, clothed in the words and figures following,
towit:
Last Will and Testament of Chas. F. Muth.
I, the undersigned Chas. F. Muth of Cincinnati, Hamilton Co. State of Ohio, of
sound and disposing mind and memory, but conscious of the uncertainty of this
life, do make and publish this my last will and testament.
Item 1st. It is my will that all my just debts be paid out
of my estate.
2nd. I give, devise and bequeath all my real, personal &
mixed estate, which I may own at the time of my death to my wife, Caroline,
may the same be situated in the United States of America or elsewhere.
3rd. I do hereby nominate and appoint my said wife executrix
of this my last will and testament and I do hereby respectfully request the
Court to grant letters testamentary to her as my executrix without bond being
given by her, and further, that she be not obliged to file an inventory or
account of any or all of my property.
4th. No former will made by me.
Witness my hand and seal this 26" day of August A. D. 1876, at Cincinnati.
Chas. F. Muth ( )
Signed, sealed and acknowledged by said Charles F. Muth as his last Will &
Testament in our presence and witnessed by us in his presence at his request and
in the presence of each other.
Cincinnati O. August 26th, 1876.
H. W. C. Muth
A. E. Muth
Thereupon on the twenty fourth day of May 1898, H. W. Muth and A. E. Muth
the subscribing witnesses to said will, appear in open Court and were duly sworn
and examined according to law, touching the due execution of said will, and
their testimony was reduced to writing and filed in manner and form, following
towit:
State of Ohio }}
Hamilton County }} ss
Hamilton Probate Court
Probate of the last Will of Charles F. Muth, deceased, presented on the 24"
day of May, A.D. 1898.
Personally
appeared in open Court H. W. C. Muth, and Aug. E. Muth, the subscribing
witnesses of the last will and testament of Chas. F. Muth, deceased, who being
duly sworn, according to law, to speak the truth, the whole truth and nothing
but the truth in relation to the execution of said will, depose and say, that
they were present at the making of said will, and, at the request of the
deceased, subscribed their names to said will as witnesses, in the presence of
the deceased, and of each other. That they saw the said Chas. F. Muth,
deceased, sign and seal said will: and heard him acknowledge the same to
be his last will and testament: that the said Chas. F. Muth was, at the
time of making, signing and sealing said will, of legal age and of sound and
disposing mind and memory and under no undue or unlawful restraint whatsoever:
H. W. C. Muth
A. E. Muth
Sworn to and subscribed in open Court, this 24" day of May A. D. 1898.
Howard Ferris
Probate Judge
And thereupon on the twenty fourth day of May A.D. 1898, our said Court made an order herein as follows
towit:
In re last will & testament
Probate &
Chas. F. Muth, deceased
This day came Caroline Muth, widow of Chas. F. Muth, deceased, late
of this county, and presented to the Court for probate and record, the
last will and testament of her said husband.
It appearing to the Court that all the next of kin of said decedent, resident of
Ohio, have had due notice of the presentation of said will for probate
thereupon, came into open Court, H. W. C. Muth and Aug. E. Muth, the subscribing
winesses to said will, and were duly sworn and examined, and their testimony,
was reduced to writing and filed.
And it appearing to the Court from the testimony so taken, that said will was
duly executed and attested and that at the time of executing the same the
testator was of legal age, sound mind and memory and not under any restraint the
Court now admits the said will of Chas. F. Muth, deceased to probate, and order
the same together with the testimony so taken to be recorded according to law.
Upon application the Court grants unto Caroline Muth, in open Court, accepted
said will, she being named executrix therein, Whereupon the said Caroline Muth
in open Court, accepted said appointment and filed an estimate of the whole
estate of said decedent. No Bond.
And Otto Marmet, John Stuber and Fred Ahlers
appointed appraisers, Letters issued.
{{ Seal }}
Howard Ferris
Probate Judge
Transcribed by Phyllis Miller Fleming
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