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    1. [HART-L] harts of belmont co, ohio
    2. M. Burns
    3. Last Will & Testament of Miles Hart I, Miles Hart, Sr., of the County of Belmont and State of Ohio, being of sound mind and memory, do make and publish this, my last will and testament in manner and form following: that is to say, 1st. It is my will that my funeral expenses and all my debts be paid. 2nd. I give, devise and bequeath to my beloved wife, Catherine Hart in lieu of her dower, all my lands and tenements, including the plantation on which we now reside, situated in the said County of Belmont, together with all my chattel property, livestock of all description and my monies, credits and effects of any description, during her natural life (excepting one small brown horse with a bald face, now on the farm on which I reside as aforesaid). This above described horse, I give and devise to my son Silas Hart, and at the death of wife it is my wish and will that all my real estate be appraised by three good disinterested citizens selected by the executors hereafter named in this will who shall proceed under oath to make appraisement of all my lands at the time agreed upon by said executors, at its true value at the time of said appraisement. It is my will and desire that my lands and its proceeds go to all my ten chidren, hereinafter named equal portions and portion alike to each child, male and female each and all receiving equal amounts of my landed estate. It is my further will that my land shall not be sold but that my four sons, Cephus Hart, Robert Hart, Miles Hart and Silas Hart take the lands at its appraisement and each one portion and portion alike and pay to my daughters their full portion in money as follows to wit: My second daughter, Esther, intermarried with Andrew Walters, the one-tenth part of the appraisement in two years from the time the land is appraised without interest and that the money be paid to my executors and that they lay out the money for land to the best advantage and obtain a deed in the name of my daughter for her own use during her life and at her death that the same go in fee to her children, each child receiving an equal portion of the same, and in the same manner and time to pay to Eleanor Hart, intermarried with A. M. Bryan, the one full tenth part of said appraisement. And that in the seven years from and after the said appraisement, that my four above named sons pay the one full tenth part of said appraisement without interest to Catherine Hart, intermarried to Andrew F. Ault, the like amount in the same way to Margaret Hart, wife of Samuel Lindsay, and to Olevia Hart, wife of James Twinem, and Thurza Hart, wife of John Twinem, all at the same time and the same amounts. But it is further my will that my daughter Thurza and John Twinem, her husband receive their portion in Land at the appraisement price, if they request it at the time of appraisement. It is my will that if anyone or more of my daughters and their husbands should prefer taking as their portion and in lieu of their portion of my estate of land, on of the fractional quarter sections I own in Defiance County, Ohio, they may have the option of receiving it in full as their portion of my estate and they may have possession of the same after 1st day of April A.D. 1851, whether God spares my life or not. One of the fractional tracts contains one hundred and thirty-four acres, more or less, the other quarter in the said County of Defiance, one hundred and sixty acres, more or less, which any one or two of my duaghters may select. But should my daughter Esther with the said Andrew Walters take her apportionment of my estate, the land in that event shall go to the said Esther and her children, after her death, she having the full and entire control of the same during her life as foresaid. And lastly, I do hereby make and appoint my oldest son Cephus Hart and my son-in-law, John Twinem executors of this my last will and testament. In witness whereof I, Miles Hart, Sr. the testator have to this my will, set my hand and seal this 5th day of May A.D. 1850. Miles Hart Signed as and for his last will and testament in the presence of us, who at his request have signed as witnesses to the same. Robert Kerr Wm. J. Ewers Probated June 26th A.D. 1852 Appraisers: Geo. W. Milligan, Thos. McKirrahand and Joseph Kinney Executors: Cephus Hart and John Twinem. Bond $4,000. Bondsmen: Robert Kerr and Wm. J. Ewers Andrew Walters came to Monroe County about 1833 from neighboring Belmont County, where he and his wife Esther Hart had been raised in Smith Township. She was the third child of Miles and Catherine McGill Hart. (Guess what? Two of their children were named Catherine and Miles.) It goes on to talk about other children of the Walters, one of which was Andrew, Jr. who went to live with an uncle, Cephas Hart.

    09/12/1998 06:53:32