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, situate 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 be 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 remain 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
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 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 inculeate 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.
