Document A.96 · will register copy · transcription: verbatim
Will of James K. Hurin of Hamilton Co., Ohio — the Probate Court record copy, book pp. 350–351, presented 21 October 1893. Names six children, and puts one daughter's share in trust.
- repository
- Hamilton County Probate Court, Cincinnati, Ohio
- collection
- Probate record book, via FamilySearch film 005428897, image 547
- identifier
- Book pp. 350-351; marginal case number 40156, endorsed "Will."
- date
- 1893-10-21
What is transcribed: The will's operative clauses and the probate act. The administration and inventory that follow on the same opening are not transcribed. The left page's top carries the tail of an unrelated estate — Charles E. Rushmen[?], letters to Maria Rushmen, Ernest Ferris Probate Judge — which is not Hurin.
People named
| As written | Role | Identified as | What this document says |
|---|---|---|---|
| James K. Hurin | testator | James Kemper Hurin 1814–1893 probable | residence: Hamilton Co., Ohio |
| Cynthia | spouse | ||
| [his first wife] | spouse | ||
| [his second wife] | spouse | ||
| [the child of his second wife] | child | ||
| Alice H. Tyler | child | ||
| James H. Hurin | child | ||
| Ella M. Hurin | child | ||
| Frank W. Hurin | child | ||
| Sarah A. Fay | child | ||
| Silas E. Hurin | child | ||
| Reuben Tyler | executor | ||
| Ernest Ferris | official |
What this document records
It names six children
THE ENTRY EXISTED FOR A YEAR AS A DESCRIPTION SAYING THE WILL "LIKELY NAMES HIS SURVIVING CHILDREN." IT DOES, AND HERE THEY ARE. Item III gives the furniture and chattels "to my six children, Alice H. Tyler, James H. Hurin, Ella M. Hurin, Frank W. Hurin, Sarah A. Fay and Silas E. Hurin, to be divided by them among themselves, in portions of equal value." That matches the [J.178] obituary's list exactly, and adds middle initials for all six and married surnames for the two daughters who had them.
One daughter is provided for differently
ELLA M. HURIN IS NOT GIVEN HER SHARE — SHE IS GIVEN AN INCOME. Item V settles $2,000 in trust for her, with her brother Silas E. Hurin as trustee, who is to "hold and invest said money as may seem to him to be best, and pay over the income thereof to said Ella M. Hurin during her natural life", with power to break into the principal "if he shall deem it to be necessary for her welfare". On her death, what remains goes to the other children equally. The will does not say why. A lifetime trust with a sibling trustee and a welfare clause is the ordinary nineteenth-century provision for a child who could not manage property, but the document states no reason and this entry infers none.
Three wives and a dead child
ITEM II IS A REBURIAL DIRECTION, AND IT COUNTS HIS MARRIAGES. He directs his executor to move "the remains of my first and second wives, and the remains of the child of my second wife" to his burial lot at Lebanon, Ohio — and then asks to be buried "by the side of my wife Cynthia, in the Spring Grove Cemetery." ⇒ three wives, of whom Cynthia is the last, and a child of the second marriage who died. None of the first two wives is named.
Transcription and notes
Provenance, the six children it names, the daughter provided for by trust instead of by
share, and the three wives are all in the source: and coverage: headers and are not repeated
here.
The probate act [verbatim]
The State of Ohio, Hamilton County · Hamilton Probate Court.
Be it remembered that on the twenty first day of October in the year of our Lord one thousand eight hundred and ninety three, the last will and testament of James K. Hurin late of this county, deceased, was presented to this Court, for probate and record, clothed in the words and figures following, to wit:
The will [verbatim]
The Last Will and Testament of James K. Hurin.
I, James K. Hurin, of Hamilton County, Ohio, do hereby make and publish my last will and testament, as follows:
Item I. I desire and direct that all my just debts be first paid out of my estate.
Item II. I desire and direct my executor hereinafter named, to cause the remains of my first and second wives, and the remains of the child of my second wife, to be removed from their present graves to my burial lot in the Cemetery at Lebanon, Ohio.
I desire to be buried by the side of my wife Cynthia, in the Spring Grove Cemetery; but my executor may purchase a lot in said Cemetery, and have my remains and those of my wife Cynthia, buried therein, and may erect a suitable plain monument thereon.
Item III. I give and bequeath my furniture and other chattel property, to my six children, Alice H. Tyler, James H. Hurin, Ella M. Hurin, Frank W. Hurin, Sarah A. Fay and Silas E. Hurin, to be divided by them among themselves, in portions of equal value.
Item IV. All the residue of my estate, both real and personal and wherever situated, I give, bequeath and devise to my executor hereinafter named, in trust, to convert the same into money, for the purpose of paying the debts of my estate, the expenses of carrying out the provisions of this my will, and distribution of the remainder, if any, as hereinafter provided.
Item V. After the payments of my debts and the other expenditures provided for in the foregoing provisions of my will, I direct that the sum of Two thousand dollars ($2000), if there shall be as much as that sum remaining, and if so much shall not remain, then whatever sum may be remaining, be paid to my son Silas E. Hurin, as trustee for my daughter, Ella M. Hurin. Said trustee shall hold and invest said money as may seem to him to be best, and pay over the income thereof to said Ella M. Hurin during her natural life. He shall also have the right to use so much of the principal sum for the benefit of said Ella M. Hurin, if he shall deem it to be necessary for her welfare, at any time, and at her death may use as much of said fund as may be necessary to pay her funeral expenses and the expenses of her last sickness; but after her death, and after the payment of any expenses connected therewith, whatever shall then be remaining in his hands, shall be paid over to my other children, including said Silas E. Hurin, in equal parts, share and share alike. And if any of said children shall have died before said distribution, the share of said deceased child or children, shall be paid to his or her legal representatives.
Item VI. If there shall be anything remaining of the proceeds of my estate, after the payment of said sum of Two thousand dollars in trust for my daughter, Ella M. Hurin, as above provided, my executor shall pay the same to my five children, Alice H. Tyler, James H. Hurin, Frank W. Hurin, Sarah A. Fay and Silas E. Hurin, in equal parts, share and share alike. And if any of said children shall have died before the time of such payment, the share of such deceased child or children, shall be paid to his or her legal representatives.
Item VII. I hereby nominate and appoint Reuben Tyler as the executor of this my last will and testament, and request that no bond be required of him, and that he be not required to file any inventory or appraisement of my estate, in the Probate Court.
I hereby authorize and empower him to sell and convey all my real and personal property, at such times and upon such terms as shall seem to him to be best for my estate; and no purchaser from him shall be bound, in any way, to see to the application of any purchase money paid to him.