LAST WILL AND TESTAMENT
of
WILLIAM GOODHEART
| Will Book 1 Page 36 The last will and testament of William Goodheart died. Pleas 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 sixteenth day of January in the year of Our lord nineteen hundred and three before the Honorable Carl L. Nippert sole Judge of said Court. State of Ohio Be it remembered on the sixteenth day of January in the year nineteen hundred and three the last will and testament of William Goodheart late of the county, deceased was presented to this court for probate and record clothed in words and figures following to wit: The Last Will and Testament of William Goodheart I, William Goodheart, of Cincinnati, Ohio being of sound mind and memory and sensible of the great uncertainty of human life desire to arrange all my worldly affairs while I have still the ability to do so. Having passed the greater part of my life in this County and achieved a measure of success far beyond my most sanguine expectations as an expression of my Thankfulness to God for this and for his other immeasurable blessings bestowed upon me. I hereby make, publish and declare this as and for my last will and testament hereby revoking all former wills and codicils made by me. Item 1. I direct that all my just and lawful debts be paid likewise the expense of my last illness and funeral and the cost of administration of my estate. I likewise direct that a suitable monument shall be set over my grave in the Jewish Cemetery at the customary time. Item 2. I direct and bequeath to the (?___?) Orphan Asylum of Cincinnati, Ohio the sum of one hundred ($100.00) dollars. Item 3. I give and bequeath to the (?___? ?___? ?Lodge?) of Cincinnati, Ohio the sum of fifteen hundred ($1,500.00) dollars. Will Book 1 Page 37 Item 4. I give and bequeath to the Montifione Home for aged and affirmed of Cleveland, Ohio the sum of one thousand ($1,000.00) dollars. Item 5. I give and bequeath to the Orphan Asylum of District (2) Six(6) and seven (7) of I.O.B.B. of Cleveland, Ohio the sum of five hundred ($500.00) dollars. Item 6. I give and bequeath to the Safid Orphan Asylum and Girls School in Safid, Palestine the sum of two hundred ($200.00) dollars. Item 7. I give and bequeath to the United Jewish Charities of Cincinnati, Ohio the sum of one thousand ($1,000.00) dollars. Item 8. I give and bequeath to the Jewish Hospital on Burnett Avenue, Cincinnati the sum of one thousand ($1,000.00) dollars. Item 9. I give and bequeath to Maggie McCarly formerly of Cincinnati, Ohio one hundred ($100.00) dollars if alive at the time of my death. Item 10. I give and bequeath to the Home for the Jewish and infirm on Burnett Avenue, Cincinnati the sum of one thousand ($1,000.00) dollars. Item 11. I give and bequeath to Charles M. (?Thurman?) Theodore Mayer and Charles Shohl the survivor or survivors successor or successors of them, the sum of six thousand ($6,000.00) dollars in trust nevertheless for the following uses and purposes, to invest the sum and to apply the income at this (?dissution?) for the benefit of my niece Carrie G. Leophold, wife of Charles Leophold. Said trustees may at this (?dissution?) use such part of the principal for her benefit as they see fit. But neither said income or principal shall in any way be liable for any indebtedness of said Carrie G. Leophold or Charles Leophold, should said Carrie G. Leophold died then said trustees shall divide such part of the principal as in their possession among his children share and share alike. Item 12. I give and bequeath to Charles M. (?Thurman?) Theodore Mayer and Charles Shuhl the survivor or survivors successor or successors of them the sum of two thousand ($2,000.00) dollars in trust nevertheless for the following uses and purposes to wit: One Thousand ($1,000.00) dollars thereof shall be invested and together with the accumulation Will Book 1 Page 38
thereon shall be paid to my grand nephew, Max (?Schumer?) son of Charles (?Schumer?) upon his attaining the age of twenty five years. Should he die before reaching that age then this fund shall be divided equally among his brothers and sisters on the day said Max (?Schumer?) would have been twenty five years old. Should he die without brothers or sisters surviving him then said fund shall be paid to his mother Hattie (?Schumer?). The remaining one thousand ($1,000.00) dollars of the fund shall be invested and together with its accumulation shall be divided equally between Clarisse and Evelynn Bloom my grand nieces when they should attain the ages of twenty one years. Should either or both of them marry before their twenty first year then one half of said fund shall be paid to each upon this wedding day. Should one die before the other the survivor shall be entitled to the whole fund upon the conditions herein named. Should both die before payment of the fund then the same shall be paid to their mother Sallie Bloom. Item 13. It had been my intention to make my brother Alexander Guthuz of Bamburg, Bavaria one of the devisors of this will, but as he has recently died. I desire to make the following bequests to his children. My nephews and nieces, I give and bequeath to Gustave Guthuz of Furth, Bavaria a sum of money equal to ten thousand German marks (1,000m) to Babette Kaburger of Bamburg, Bavaria a like sum equal to ten thousand German marks (1,000m) to Mathilde Bechman and Emma Bechman of Furth, Bavaria each a sum equal to twenty five hundred German marks (2500m). I have given to my nieces Mathilde and Emma smaller legacies because they are in better circumstances than their brother and sister. Should any of the legatees named in this item die leaving children then such children shall inherit the deceased parents share. Should any die without children, then the share of such a one shall be divided equally among the survivors. Item 14. All the rest residue and remainder of my estate of whatever kind real personal and mixed and wherever situated, I direct shall be divided in two (2) (?equal parts?)
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One of these parts, I give, bequeath, and devise absolutely to my sister Fanny (?Thurmaner?) of Cincinnati, Ohio of the other part or half I give and bequeath to my nieces Pauline Mayer of Cincinnati and Carrie Spiegelberg of New York daughters of my deceased sister Rosa Leophold each the sum of five hundred ($500.00) dollars. The remainder of this one half share I direct to be divided into four (4) equal shares one of which I give and bequeath to my niece Emma Leophold of New York, a second to my niece Julia Mayer of Cincinnati, a third to my niece Sarah (?Lis?) of New York, and the fourth I give and bequeath to Charles M. (?Thurmaner?) Mayer and Charles Shohl the survivors or survivor of them upon the same trust for the benefit of Carrie G. Leophold as set forth in item 11 of this will to be applied in accordance with the provisions therein stated. I direct however that in making this decision there shall be deducted from the share of Sarah (?Lis?) any sum or sums that may be due me from her husband Arnold (?Lis?). I have excluded my niece Pauline Spiegelberg from sharing in this fund because they are already well provided with this worlds goods. Should any of the legatees named in this item die leaving children then the children of any such deceased legatee shall inherit the parents share. Should Emma Leophold Julia Mayer or Sarah Lis die without children the respective share of such deceased one (?shall?) be divided among the survivors or survivor of them and the trustees of the fourth share. Item 15. I direct that the proceeds of my life insurance policies are to go into the general fund of my estate, all legacies and devises are to (?___?) charges for their payment upon my real estate. I direct that all legacies and devises herein made shall be paid within such reasonable time after my death as the same can be done without too great a sacrifice and (?can?) in the country of my assets real and personal into money. Should any of the legacies and devises herein made be subject to any inheritance tax direct or (?coll___?) Will Book 1 Page 40
then I direct that same shall be paid by my estate. Item 16. Should any of my heirs or next kin legatees or devisers attempt to vary the provisions of this will or change its intent the person or persons so doing shall forfeit all right to take under this will and any bequests and devises made to such person or persons shall become part of the residue of my estate to be disposed of according to the provisions heretofore for the disposition of said residue. Item 17. I hereby impower and invest my Executors and trustees the survivor or survivors successor or successors of them with full power and authority to make investments or re-investments and to change any investments I may now or hereafter may have to sell lease and dispose of any and all of my real estate at Public or private sale without applying to the Court and the purchase thereof need not look to the application of the purchase money and to sell and dispose of any and all of my personal property and I hereby invest my executors and trustees the survivors or survivor successors or successor of them with full power and authority to make and execute any and all (?___?) and instruments necessary for the proper carrying out of the intentions hereinbefore set forth. Item 18. I hereby nominate appoint and constitute Charles M. (?Thurmaner?) Thedore Mayer and Charles Shohl the survivors or survivor successors or successor of them executors of this my last will and testament without bond. And having full and entire confidence in their integrity and ability I request no bond or other security be required of them either in this capacity as executors as trustees under items 11, 12, and 14 of this will and that they be not required as executors and trustees herein to make or file any inventory appraisements or account (?inventories?). It is also my wish that they perform their personal duties herein as executors and trustees without compensation. In the event of the death (?___nation?) or (?___?) to act for any cause of any of my executors or trustees then the survivor or survivors (?____________________?)
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who shall have the same power and authority (?as herein noted?) in those same named and who shall (?___?) upon the same conditions and subject to the provisions herein. In witness whereof I have hereunto set my hand and seal to this my last will and testament (?signed?) this paper and on the margins of the foregoing five pages at Cincinnati this 31st day of May 1900. William Goodheart Signed seal acknowledged published and declared by the said William Goodheart as and for his last will and testament in the presence of us who in the presence of each other and in his presence and at his request have subscribed their names as witnesses to his last will on this 31st day of May 1900. Max B. May Leo F. Hirsch Max A. Meyer Thereupon the sixteenth day of January nineteen hundred and three, two subscribing witnesses to the last will and testament of William Goodheart late of this county deceased appeared on open court and were duly sworn and (?named?) according to law (?___?) the due executors of said will and their testimony therein was reduced to writing and filed in manner and form following to wit:
The State of Ohio Hamilton County Hamilton Probate Court Probate of the last will of William Goodheart deceased presented on the sixteenth day of January 1903. Personaly appeared in open court Max B. May and Leo F. Hirsch the subscribing witnesses of the last will and testament of William Goodheart 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 this same Will Book 1 Page 42
the said William Goodheart deceased sign said will and heart him acknowledge the same to be his last will and testament that the said William Goodheart was at the time of making and signing said will of legal age and of sound and disposing mind and memory and under no undue or unlawful restraint whatsoever. Max B. May Leo F. Hirsch Sworn to and subscribed in open court this 16th day of January A.D. 1903 Carl L. (?Nippert?), Probate Judge And thereupon on the 16th day of January A.D. 1903 (?our?) said court made an order herein as follows to wit: In re last will and testament of Probate William Goodheart The last will and testament of William Goodheart deceased late of this county was this day presented to the court for probate and (?___?) and it appearing to the court that decedent died leaving no widow and that all his next of Kin resident of Ohio have had the (?nature?) of the presentation of said will for probate. Thereupon came into open court Max B. May and Leo F. Hirsch the subscribing witnesses to said will and were duly sworn and (?___?) 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 at the time of executing same the testator was of legal age sound mind and memory and not under any restraint, the court now admits the said will of William Goodheart deceased to probate and order the same together with the testimony so taken to be recorded according to law. On application the court grants unto Charles M. (?Thurnamer?) Theodore Mayer and Charles Shohl letters testamentary and Trusteeship under said will they being named executors and trustees therein. Whereupon the said (?Charles M. (?Thurnamer?) Theodore Mayer and?) Will Book 1 Page 43
Charles Shohl in open court accepted said appointment and filed an estimate of the whole estate of said decedent. No (?___?) and Benjamin (?Pri____?), August H. Bode, Jr. and Jacob (?Schu__?) are appointed appraisers. Letters issued. Carl L. Nipert Probate Judge The State of Ohio Probate Court Hamilton County I Chas F. Malsbary sole Judge and (?officer?) Clerk of the Probate Court within and for the county aforesaid do hereby certify the foregoing to be a true and correct copy of the last will and testament of William Goodheart late of this county deceased. Also a true and correct copy of the order of January 16th A.D. 1903 admitting said will to Probate and record together with all proceedings in connection there with as the same appear from the records and files of said court. In testimony whereof I have hereunto set my hand and affixed the seal of the said court at Cincinnati this 29th day of July A.D. 1907. Chas F. Malsbary Probate Judge and (?officer?) The State of Ohio Probate Court Hamilton County I Chas F. Malsbary sole Judge of the Probate Court with and for said county the same being a court of law and record hereby certify that the signature attached to the above certificate purporting to be that of Chas F. Malsbary is his genuine signature and that he was at the time thereof (?officer?) clerk of said probate court and as such full faith and credit are due all his acts and that the attestation of said clerk is in due form of law and by the proper office. In testimony whereof I have hereunto set my hand and affixed the seal of the said court in Cincinnati this 29th day of July A.D. 1907. Chas F. Malsbary Probate Judge The State of Ohio Probate Court Hamilton County I Chas F. Malsbary Clerk of the Probate Court within and for said county the same being a court of law and record hereby certify that the signature (?_____?) (LAST LINE UNREADABLE) Will Book 1 Page 44
Chas F. Malsbary is his genuine signature and that he was at the time thereof Judge of said probate court and as such full faith and credit are due all his official acts. In testimony whereof I have hereto set my hand and affixed the seal of said court at Cincinnati this 29th day of July A.D. 1907. Chas F. Malsbary Clerk of Probate Court
State of Kentucky County of Knott I, R.H. Amburgey, Clerk of the County Court for the county aforesaid do certify that the foregoing will of William Goodheart was lodged on this day in my office for record and that I have duly recorded the same together with this and the foregoing certificate in my said office. Witness my hand this 30th day of December 1907. R.H. Amburgey, Clerk By John Sturgill, DC
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Knott County (?___?) 1st day Aug 19th 1907
This day the will of William Goodheart was produced in open court said will first duly probated in Hamilton County (?___?) and this and proper officer and proof being presented (?___?) this court as required by (?___?) of any (?___________?) to probate in this court and the court (?_____?) orders said will to probate in the court and the same is ordered to be (?___?) in this court. W.J. Combs PKJCC KNOTT COUNTY WILL BOOK I PGS 36-44 |