Monday, October 9, 2017

The Last Will and Testament of Anton Koewler

Anton Koewler wrote his will on November 10, 1894, six years before his death. His wife, Henrietta Fischer Koewler entered it into probate on April 10, 1900. The following is the court file for the Last Will and Testament of Anton Koewler. The original can be found in the Brown County, Ohio Wills, Volume 12, page 238.

In the matter of the last will and testament of Anton Koewler, deceased.
No. 1240

Probate Court held at the Courthouse in Georgetown, Brown County, Ohio on the 10” day of April A.D. 1900 before Robert E. Campbell, Probate Judge within and for said county.

Be it remembered that on the 10” day of April A.D. 1900, that Henrietta Kowler [sic] filed in this court a paper writing purporting to be the last will and testament of Anton Koewler deceased and at the same time filed her application in writing asking that said paper writing purporting to be the last will and testament of said Anton Koewler be admitted to probate and entered of record, which said application is in the words and figures following, to-wit,

Application for Probate of Will
Probate Court, Brown County, Ohio
In the matter of 
the Last Will and
Testament of
Anton Koewler,
deceased

To the Probate Court of said county:
your petitioner respectfully represents that Anton Koewler late a resident of the township of Union in said County died on or about the 26” day of March A.D. 1900, leaving instrument in writing, herewith produced purporting to be his last will and testament:
The said Anton Koewler died leaving Henrietta Koewler his widow who resides at Ripley, Ohio and the following named persons his only next of kin, to-wit:

Catherine Schwallie, daughter, Henderson, Ky.
Henry Koewler, son, Evansville, Ind.
Joseph Koewler, son, Henderson, Ky.
Mary DeFosse, daughter, Ripley, Ohio
Louisa Koewler, daughter, Ripley, Ohio
Caroline Koewler, daughter, Evansville, Ind.
Henrietta Koewler, daughter, Evansville, Ind.
Lena Koewler, age 16, daughter, Evansville, Ind.

your petitioner offers said Will for Probate and prays that a time may be fixed for the proving of the same, and that said above named persons resident in this State may be notified according to law of the pendency of said proceedings.
Henrietta Koewler, Petitioner

The State of Ohio, Brown County, ss.
The above named Henrietta Koewler being first duly sworn, says that the facts stated and allegations in the foregoing application contained are true as she verily believes.
Henrietta Koewler
Sworn to before me and signed in my presence this 4” day of April A.D. 1900.
Ernest Bambach
Notary Public

We the undersigned next of kin of the within named decedent, hereby waive further notice and consent to the probate of said Will.
Dated this 4” day of April A.D. 1900.
Mary DeFosse
Louise Koewler
Henrietta Koewler
Lena Koewler

Be it further remembered that on the 10” day of April A.D. 1900, the notice required by law to all the next of kin of said decedent, residents of the state of Ohio was issued by said court, which said notice was afterwards on the 13” day of April A.D. 1900, returned and filed herein which said notice together with the endorsement thereon are in the words and figures following, to-wit:

Notice to Next of Kin
The State of Ohio,
Brown County, ss
In the Probate Court.
In the matter of the last Will and Testament of Anton Koewler, deceased.

To Lena Koewler, a minor over 14 years of age, 
You are hereby notified that on the 10” day of April A.D. 1900 an instrument of writing, purporting to be the last Will and Testament of Anton Koewler late of Union Township, in said County deceased, was produced in open Court and an application to admit same to Probate was on the same day made in said Court.
Said application will be for hearing before this Court on the 16” day of April 1900 at 10 o’clock A.M.
Robert E Campbell, Probate Judge
Dated at Georgetown, Ohio, this 10” day of April A.D. 1900

Return
The State of Ohio,
Brown County, ss.
Ernst Bambach being duly sworn, says that on the 11” day of April, A.D. 1900 he served the within notice by delivering a true copy thereof to the within named Lena Koewler.

Fees Serving notice 50 cts.     Ernst Bambach
Subscribed in my presence and sworn to before me this 11” day of April A.D. 1900.
G.G Bambach
Notary Public
due 40 cts.

the undersigned mother of the within minor & with whom said minor resides hereby acknowledges service of the within notice this 11 day of April 1900
Henrietta Koewler

Be it further remembered that at the hearing of the aforesaid application the testimony of the subscribing witnesses to the paper writing purporting to be the last will and testament of said Anton Koewler deceased was taken and reduced to writing which is in the words and figures following, to-wit:

Probate of Will
The State of Ohio
Brown County, ss.
In Probate Court

Personally appeared in open Court G. Bambach and Ernst Bambach the subscribing witnesses to the last Will and Testament of Anton Koewler late of Union Township in said Brown County deceased who being duly sworn according to law, to speak the truth, the whole truth and nothing but the truth, in the relation to the execution of said Will, depose and say: that the paper before them bearing date the 10” day of November A.D. 1894, purporting to be the last Will and Testament of Anton Koewler, now deceased, is the will of said deceased Anton Koewler that they were present at the execution of said Will and at the request of the Testator, respectfully subscribed their names to the same as witnesses in the presence: that they saw the said Anton Koewler deceased sign and seal said Will and heard him acknowledge the same to be his last Will and Testament, and that the said Anton Koewler at the time of making, signing and sealing said Will, was of full age of sound mind and memory, and not under any restraint.
G. Bambach
Ernst Bambach
Sworn to and subscribed by said witnesses in open Court, this 16” day of April, A.D., 1900.
Robert E Campbell, Probate Judge

Be it further remembered that on the 16” day of April A.D. 1900, an entry was placed upon the Journals of said court which is in the words and figures following to-wit:
In the matter of the last will and testament of Anton Koewler, deceased.
The last will and testament of Anton Koewler late of this county, was this day presented to the court for probate and record, and it appearing to the court that the widow of said decedent and all the next of kin residents of the state of Ohio have been duly notified of the presentation of said will for probate - thereupon G. Bambach and Ernst Bambach, subscribing witnesses to said will appeared in court and were duly sworn and examined according to law, and their testimony was reduced to writing and filed. And it appearing to the court the testimony so taken that the said will was duly executed and attested and that at the time of executing the same the testator was of full age and of sound mind and memory and not under any restraint, the court now admits the said will to probate, and it is ordered that the same together with the testimony so taken be recorded according to the statute in such case made and provided.
Be it further remembered that the paper writing in said matter produced and ordered to be probated and entered of record as aforesaid is in the words and figures following to-wit:

I, the undersigned Anton Koewler of Union Township Brown County, Ohio, being of sound mind and memory, do make and publish this my Last Will and Testament in manner following that is to say - 

Item I.  I desire that all my just debts and funeral expenses shall be first paid by Executrix hereinafter named as soon as covenient [sic] after my death.

Item II.  I give devise and bequeath all of my property real and personal wherever the same may be located or situated to my beloved wife Henrietta Koewler -

Item III.  I hereby constitute and appoint my said beloved wife Henrietta Koewler the Executrix of this my last Testament and request that she be not required to give a Bond as such.

Item IV.  I hereby revoke all former wills by me made.

In testimony whereof I have here to set hand this 10” day of November 1894.
Anton Koewler

Signed in our presence and by us signed as witnesses in the presence of said Testator and in the presence of each other.
G. Bambach

Ernst Bambach

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