WILL
I, ANNA M. WERNER, of Zanesville, Muskingum County, Ohio do make and publish this my last Will and Testament.
Item 1st; I will that all my just debts and funeral expenses are paid.
Item 2nd; I give and devise all my real estate of which I still hold and am signed of which was devised to me by the last Will and Testament of my husband, Hartmann Werner, deceased, and also all my personal property, chattels and household furniture to my son, Henry C. Werner, (whom I nominate and appoint as Executor on this Last Will and Testament) to have, hold, ???????, and use the same in the manner and for the purposes herein set forth, until my youngest child, Frank Werner, reaches the age of twenty one (21) years or in case of the death of said Frank Werner, before he reaches the aforesaid age, then until my son William Werner attaines the age of twenty one (21) years.
Further, I desire and will that all my property aforesaid shall be divided equally amongst my children (and in case of the death of anyone of them their share of the child so dying shall to to his or her heirs of their body) but this division shall in every respect correspond with terms of the Last Will of Hartmann Werner. Whenever said Frank Werner becomes of age or in the case said Frank Werner died before reaching twenty one (21) years of age, thus whenever my son William becomes of age (21) this division shall take place as aforesaid.
Item 3rd; In case of the death of Henry C. Werner before all the provisions of this Will are completed there at his death I devise and order that my son Frederick Werner take, hold, manage and use and act as Executor upon all of said real estate and personal property in the same manner as Henry C. Werner held the same according to the terms of this Will.
Item 4; I order and will that my Executor so far as he can, carry out every provision (as relative to the real estate and personal property therein mentioned) of the Last Will and Testament of Hartmann Werner deceased.
Item 5; I order and devise that my children Henry--Frederick--William and Frank Werner and also Amelia Werner so long as they remain unmarried, shall have the privileges and right free of charge of living in the homestead which I now reside in on 7th Street -- until the division aforesaid is made of my real estate. I further will that all the furniture and chattels in said homestead and house shall remain there (so long as said division is not made) to be used by my above named children living there.
Item 6; I order that my Executor shall continue the management and renting of said real estate so far as he can profitably, in the same manner as I have done during my life and out of the rents and profits are:
FIRST; For the erection and maintenance of a suitable and lasting monument (not to exceed in cost one thousand dollars) upon the Hartmann Werner lot in the Zanesville Cemetery and SECOND; He shall pay all debts, taxes, repairs and insurance for all of said real and personal property. THIRD; That he shall expend any sum not to exceed, in each year, three hundred dollars for the support, clothing and boarding and education of my son Frank Werner until he reaches the age of twenty one years. And for the expense upon the support, boarding and clothing of my daughter Amelia Werner for each and every year not to exceed four hundred dollars until she becomes married, or until said division of real estate is made.
Item 7; I nominate and appoint as Guardian JOHN M. BENNETT, JR. of Zanesville Ohio for the person and estates of my two minor children, Frank and William Werner.
Item 8; I order that my Executor aforesaid shall at least once in every year render an account in Probate Court of Muskingum County for all money which have been received and paid out by him according to ????? compliance with the terms of this Will and the surplus remaining of all of said money after payments (herein ordered to be made) shall be equally divided amongst all my children living or in case of the death of any one, the share of the child so dying shall be given to his or her heirs and assigns.
Item 9; I direct that an appraisement be made of my real and personal estate and that my executor be required to give bond for the performance of this trust.
In Witness whereof, I have hereunto set my hand and seal this 28th day of October 1880
Signed: Anna M. (her mark) Werner
Signed and acknowledged by said ANNA M. WERNER as her Last Will and Testament in our presence and signed by us in her presence:
Henry R. Stanbery
Frank J. Bennet