Last Will & Testaments
Cain Families Of Perry County, Ohio
Lodwick Brandt (father of Elizabeth Brandt Caine), July 26, 1822
Perry County, Ohio (Will Book, page 32)
In the name of God Amen. I, Lodwick Brandt, Senior of Reading Township Perry County and State of Ohio being weak in body but of sound mind, memory and understanding blessed be God for the same, but considering the uncertainty of this transitory life as it is appointed for all men once to die I do make and publish this as my last will and testament in manner following:
First- I recommend my soul into the hands of God that gave it and my body to the earth to be buried in a decent and Christian like manner at the discretion of my executors herinafter named and as to such worldly estate wherewith it hath pleased God to bless me with , I do give and dispose of in manner following. First, I do give and bequeath unto my daughter Elizabeth the twenty acres of land whereon she now lives and which I have heretofore had surveyed and five acres more adjoining the same to be taken along the east line of said twenty acres to her during her natural like and after her decease it is my will that the said twenty five acres of land shall be the property of my said daughters children namely; Mary, Eliza, Louis, James, John, Isaiah and any children my daughter may beget, share and share alike. Next it is my will and do give and bequeath unto my Son Lodwick Brandt all the remaining part of my land with all the improvements and appertenances therunto belonging; likewise my two horses and gears. waggon, plow, harrow, windmill, cutting box and knife and all my implements of husbandry to him, his heirs and assigns forever. And it is my will that my daughter Elizabeth and my two granddaughters Mary & Eliza shall have my beds share and share alike, and whereas there is yet due me some money from my fathers estate now due me in the hands of his executor. It is my will and I direct that if that money should not come to hand in my life time that the said money is to be paid to my executor hereinafter named whom I do impower and authorize to receive and release for the same and pay my just debts therwith and defray my funeral expenses and the overplus if any to be paid to my son Lodwick Brandt for his use forever. But if there should not be enough to pay my just debts and defray my funeral expenses there it is my will and I direct that my son Lodwick Brandt pay the same to my executors. Next it is my will and I order and authorize my herinafter named Executors to make good and sufficient titles to my herein named heirs or their assigns. Next, I do order and direct that my grandsons John Brandt, Martin and Jacob Mohler and my son-in-law, John Kane each receive the sum of sixty six and one third cents as full of their legacies of my estate both real and personal. Next it is my will and I do order my executors if there be any notes or accounts unpaid after my decease against my son Lodwick Brandt or against my son-in-law John Kane they are to be delivered to them and no charge made against them for the same. Lastly, I do constitute, nominate and appoint my trusty friend John Hammon and my nephew David Brandt to be executors of this may last will and testament hereby revoking and disannulling all other wills, legacies and bequeaths by me hertofore made and ratifying and confirming this and no other to be my last will and testament. In witness whereof I have hereunto set my hand and seal this twenty sixth day of July in the year of our Lord Anno Domini one thousand eight hundred and twenty two.
Lodwick Brandt (seal) in german
Signed, sealed and delivered in presence of us who at the request of testator subscribed our names as witness thereto. Jacob Brandt, Adam Brandt
John Cain, January 4, 1824
Transcribed from Book A” Page 69 Will of John Cain, Deceased.
In the name of God, Amen. I, John Cain of Madison Township, Perry County and State of Ohio being sick and weak in body but of sound mind and memory considering the certainty of death and the uncertainty of the time thereof, and being desirous to sente my worldly affairs and thereby be the better prepared to leave this world, when it shall please God to call me hence do make and publish this my last will and Testament in nammer and form following, to-wit: First and principally I commit my soul to God who gave it and my body to the earth to be decently buried at the discretion of my Executors hereinafter named, and after my debts and funeral charges are all paid I desire and bequeath as follows.
Item First: It is my will that my beloved wife Pheby Cain continue after my decease to live on my plantation, whereon I now live in Perry county. and to be in full possession of all the priveleges of the same and apportenances there unto belonging in that she may bring up and school my children until they all become of proper age, the boys twenty-one and the girls eighteen years old, and that my wife shall keep all my stock of creatures, household furniture and farming utensils which she may need for that purpose with the exception of four horse beasts.
Item Second: It is my will further that my land property in the State of New York in Orange County shall be sold by me Executors from time to time as they shall see fit, and the proceeds thereof be equally divided among my children, the oldest to receive their share as near as may be when they become of proper age, but my daughter Eliza Farier to be charged with - one hundred and forty three dollars worth of property which she and her husband have already got.
Item Third: I do will and bequeath to my beloved, wife, my black mare and the proceeds of one-third of my property as the law of this state directs and that my Executors shall give the three horse beasts mentioned in the close of the first itme to my three children herinafter named, to my daughter Eleoner the sorrel mare called Sall. to my daughter Nancy the other sorrel mare called Fly; and to my oldest son Daniel G. Cain my sorrel horse called Dick, likewise to my second son Nehmiah C. Cain a mare colt which has been commonly called his, and further I give to my son Daniel G. Cain my shovel-plow, his falling ax, mattock and hand ax and broad hoe; and to my son Nehemiah C. Cain my small patent plough, meadow hoe, scaping ax, broad ax, and broad hoe; and to my son Charles S. Cain the ax and broad hoe which is known in the family to be his, all to be appraised and accounted for on final settlement.
Item Fourth; It is further my will that when my children all become of proper age, the land whereon I now live shall be sold and the proceeds divided among my children as follows, my sons Daniel G. Cain, Nehemiah C. Cain, Charles S. Cain and John B. Cain to have two shares; and my daughters Eliza, Elenor, Nancy, Precilla, Pheby, Joana and Melinda each to have one share, that is to say my boys shall have double as much as my girls on final settlement of all my estate. And, lastly I do ordain and appoint my beloved wife Pheby Cain and James Ritchey my neighbor to pay my honest debts, and to collect what is due to me, and to execute this my last will and testament. And I do hereby revoke and annul all former wills by me made ratifying and confirming this and none other to be my last will and testament. Signed and sealed in presence of us this fourth day of January 1824 John Cain (seal) Witnesses present Thomas King George Crossen
James Cain, December 26, 1839
James Cain’s Will. Recorded Book B Page 51 December 26, 1839
In the name of God, Amen, I James Cain of Hopewell Township, PerryCounty Ohio, being weak in body but of sound mind and memory do hereby make this my last will and testament in manner following viz: Item 1st I leave my whole farm and stock as it now stands for the use of my family until the youngest child is of age. Item 2nd: I give and bequeath to my daughter Priscilla Cain one bed and bedding she making her choice of the beds, one saddle and bible not less in price than five dollars, also one room for her own use, the middle room if she chooses and the privilege of the spring house and smoke house; I also appoint her the said Priscilla as guardian to my youngst children William and Jasper Cain. Item 3r: To my son James Cain I give fifty dollars out of a note which I hold against John Davis and let him have the place if he chooses to take it at the price which my executors may think reasonable and just in all cases giving him the preference. Item 4th: To my son Joseph I bequeath one hundred dollars when the farm is sold. Item 5th: I will that after my youngest child becomes of age that my whole estate real and personal be sold and after all legal debts are discharged, the residue to be equally divided throughout the family. I do also herby appoint David Ream and William Williams Junior of Perry county state of ohio as executors of this my last will and Testament revoking all others. For witness whereof I have her unto set my hand and seal this twenty sixth day of December eighteen hundred and thirty nine.
James Cain (seal) Witness Robt Stewart Andrew Ream David ream & WM Williams Executors
Editor's Note: See the webpage "Estate Records" for James Cain's estate papers
Sophia Exner Caine, Vol. 3, page 316, 1933
Last Will & Testament: In the name of the Benevolent Father of All, I, Sophia Caine of the village of somerset, Perry County, Ohio, being of lawful age and not under any restraint, do make, publish and declare the following to be my last Will and Testament, hereby expressly revoking any and all former Wills by me made. Item First:- After my death, it is my Will and I do so direct that all my just debts and funeral expenses be paid out of my estate by my Executor hereinafter named. I further direct that if I do not erect a marker during my life time that a sufficient amount be set aside out of my estate to erect a suitable marker at my grave similar to that erected to my deceased husband, Samuel Caine. Item Second:- I give, wil and bequeath to my two daughters, Cora McElroy and Lulu Hinger, each the sum of one-hundred dollars if living at the time of my death. Item Third:- I give, will and bequeath to my daughter, Annabelle Caine, all of my household goods, furniture, silverware, kitchen utensils and all of my personal estate of every kind, other than money, bonds, etc. the same to hers absolutely. Item Fourth:- I am the owner of a house and home on East Gay street in the village of somerset, Ohio. I direct that my Executor hereinafter named convert said real estate or any real estate I may have and own at the time of my death into money, either at public or private sale as he and the majority of my children may think best, and I hereby authorize and empower my said Executor to execute any deeds necessary to convey said real estate in fee simple the same as I now have power to do, and after payment of taxes, debts, legacies, etc., I will, devise and bequeath all the residue of the proceeds of my estate to my five children or their heirs in equal proportions but it is my Will that in the event any of my children died before me or before receiving the portion devised to them herein and without issue, then the part so devised to them shall be divided equally among my other children or their heirs in equal proportions.Item Fifth- I nominate my friend, E.P Walser, to be the executor.
The application for probate of will (Case 17075) on June 17, 1933 the following heirs are listed: Caroline Kline, daughter, 520 W. Fourth St, Mansfield, Ohio; Jay Caine, son, 334 S. Collett St. Lima, Ohio; Lulu Hinger, daughter, 31 N. Buena Vista St, Newark, Ohio; Cora McElroy, daughter, No. 5 Elliott St., Athens, Ohio; Anna Belle Caine, daughter, 2420 Weaver St, Columbus, Ohio.
