14
Jun
2015

Last Will and Testament of Peter Frank, Sr. (d. 1872) of Adams, Indiana

top of first page of this willLast Will and Testament of Peter Frank, Senior (d. 1872), downloaded as a digitized will shared on the Adams county INGenWeb genealogy website.

After the citation, I've included an abstract, which highlights the key dates and people mentioned in this will. At the very end of the post is a complete transcript of the will.

Citation

Last Will and Testament of Peter Frank, Sen., filed 17 October 1872, case number 162, pages 96-97, Will Book B, Estate Records; Adam County Circuit Court, Clerk's office, Decatur, Indiana, United States. Retrieved from the Adams County, Indiana INGenWeb site at  http://adamsingenweb.com/OldCourtHouse/Wills/Images/FrankPeterSr1872.pdf

Abstract of Will

An overview of the main facts - both dates and named individuals - found in this will.

Timeline

  • 16 April 1872: Will signed and witnessed
  • 8 September 1872: Death of Peter Frank, Senior
  • 17 October 1872: Date of Record (when Will was entered into probate by the court)
  • 1 April 1876: Date after which Solomon cannot live rent-free in house on Main Street in Greenville, Ohio.

People and Property

The list below details the people mentioned in Peter Frank Senior's will, their relationship to the deceased, and the property or other bequest they receive.

  1. John Frank; son (deceased)
    • Tunis Frank; grandchild via John Frank, deceased son; 40 dollars
    • Harvey Frank; grandchild via John Frank, deceased son; 40 dollars
    • Lydia Frank; grandchild via John Frank, deceased son; 40 dollars
  2. Peter Frank, Jr.; son (deceased)
    • Daniel Frank; grandchild via Peter Frank, Jr., deceased son; 110 dollars
  3. Perlina Frank; daughter of Eliza [illegible, might be "McPretish"], deceased - relationship unclear ; 5 dollars
  4. Solomon Frank; son; to live in house in Greenville, Ohio free of rent but paying property taxes, until April 1, 1876, and also 1/6 of remaining estate.
  5. George Frank; son and executor; 150 dollars, plus 1/6 of remaining estate.
  6. David Frank; son (deceased)
    • Wilson Frank; grandchild via David; 1/12 of remaining estate
    • Valaria Frank; grandchild via David; 1/12 of remaining estate
  7. Daniel Frank; son; 1/6 of remaining estate
  8. [Illegible, might be "Joseph"] Frank; son (deceased)
    • Unnamed; grandchildren via Joseph, equal shares of 1/6 of remaining estate
  9. Mary Pierce; daughter (deceased)
    • Unnamed; grandchildren via Mary, equal shares of 1/6 of remaining estate
  10. Seymour Worden; Witness
  11. Charles M. France; Witness
  12. A. J. Hill; Clerk
  13. E. A. Huffman; Dep[uty]

Transcript of Will [paragraphs, lists, and emphasis added]

[First page] 96

In the name of the Benevolent Father of All. I, Peter Frank, Sr of the County of Adams and the State of Indiana do make and publish this my last will and testament.

Item First

I devise and bequeath to my son George Frank one hundred and fifty dollars to be paid by my executor hereinafter appointed at the expiration of eighteen months after my death.

Item 2nd

I devise and bequeath to my three grandchildren, Tunis Frank, Harvey Frank, and Lydia Frank, minor children of my son John Frank now deceased, forty dollars each to be paid to [illegible, might be "children"] by my executor hereinafter appointed within one year after my death.

Item 3rd

I devise and bequeath to my grandson Daniel Frank one hundred and [illegible, might be "ten"] dollars, he being the son of my son Peter Frank, Jr, dec'd, to be paid by my executor hereinafter appointed withing two years after my death.

Item 4th

I devise and bequeath to Perlina Frank, dau. of Eliza [illegible, might be "McPretish"], dec'd five dollars to be paid by my executor hereinafter appointed.

Item 5th

the right and privilege to my son Solomon Frank the house & lot in which he now resides on Main Street in the town of Greenville in Darke County in the State of Ohio free of charge or rent for the term of seven years commencing on the first day of April 1869 [ending on 1 April 1876] except the payment of taxes that may be assessed against said property from time to time during the period of said term which I require my said son Solomon to pay.

Item 6th

I devise and bequeath after the several legacies mentioned and described in the foregoing several items are fully paid and discharged together with my debts and expenses of administration by my hereinafter appointed executor then and in that case the residue of my property both real and personal shall be divided in six equal shares as follows to wit:

  1. To Wilson Frank and Valaria Frank children of my son David Frank deceased, one equal sixth part thereof.
  2. To my son Daniel Frank, one equal sixth part thereof;
  3. to my son Solomon Frank, one equal sixth part thereof;
  4. to the children of my daughter Mary Pierce dec'd, one equal sixth part thereof; and
  5. to the children of my son [illegible, might be "Joseph"] dec'd, one equal sixth part thereof; and
  6. to my son George Frank, one equal sixth part thereof.

Item 7th

I do hereby nominate and appoint George Frank my executor of this my last will and testament hereby authorizing and empowering him to compromize and adjust/release in such manner as he may think proper my debts

[Second page] 97, Will of Peter Frank Sen, Continued

and claims due me. I do also authorize and empower him immediately after my death to sell either by public or private sale and upon such terms of credit as he may think proper but not exceeding two years all my personal and real estate except the house and lot devised in Item 5, which is not to be sold until the expiration of the term therein mentioned provided that my son Solomon shall so long live there, the same shall also be sold as herein directed and deeds to purchaser to execute and deliver in fee simple and distribute the proceeds of said sale according to the several foregoing items.

I do hereby revoke all former wills by me made.

[Peter's signature]

In Testimony hereof I have hereunto set my hand and seal this 16th day of April A.D. 1872.

Peter Frank sen, his "X" mark, "seal"

[Signatures of witnesses]

Signed and acknowledged by the said Peter Frank sen. as his last will and testament in our presence and signed by us in his presence

  • Charles M. France
  • Seymour Worden

[Witness affidavit before Court Clerk] State of Indiana, Adams County

Be it known that Seymour Worden one of the subscribing witnesses of the last will and testament of Peter Frank sen, late of Adams County, deceased, personally appears before the undersigned Clerk of Court of Common Pleas of Adams County, being of lawful age and being by me duly sworn, deposed as follows:

That Peter Frank sen. deceased on the 8 day of Sept. 1872. That he left the foregoing as his last Will and Testament. That the undersigned was present and saw the said testator sign his name to the same: and he also published and declared that the same was hist last Will and Testament. That he was of sound mind and memory, fully competent to devise his property and was under no restraint or coercion whatever: That Charles M. France and Seymour Worden each signed their names to the same as subscribing witnesses in his presence, and at his request and in the presence of each other.

Seymour Worden

Subscribed and sworn to before me this 17th day of Oct. 1872.

A. J. Hill Clerk
E. A. Huffman Dept. [Deputy]