Estate Papers of Mary Steel, Polly's mother

[Son] Levi Steel was administrator.
It looks like she held two notes that needed to be paid to the estate.
James W. Winkler......$55.12.....[I knew the name...he is probably the husband of her granddaughter Elizabeth Johnston Winkler.]
John Mowrer....$23.65.....[He is probably the husband of daughter Savilla Steel Mowrer]
And she possessed a silver coin valued at $5.43.
I guess that was all that they considered to be hers...legally, for the purposes of estate.
It verifies on one page that this is Mary Steel of Green Township.
The big tombstone cost $65.89 and was bought from Eberhart and Gray.
 
 
 

In the name of the  benevolent father of all.
I Jacob Steel of Wayne County, Ohio, do make and publish this my last will and testament.
Item 1st.  I give and devise [distribute] to my beloved wife, Mary Steel, the farm on which
I now reside situate in East Union Township, Wayne County, Ohio, containing about
182 acres more orless during her natural life and also all my household and kitchen
furniture and provisions and money which may be in my possessions on said place or farm
at my decease and also two cows to be takenfrom my stock on the farm aforesaid all said
last named articles of property and money to be held and used by her during her lifetime
aforesaid.

Item 2nd.  In case that I shall survive or out live my wife, the said Mary Steel, then and in
that event I hereby direct my executor hereinafter, named to sell and dispose of my real
and personal estate to the best advantage as soon as practicable after my decease at public
or private sale as he may think most advantageous for said estate and also collect in all
debts and dues to said estate as soon as practicableand settle up the same as soon as it
can be reasonably done: and that the proceeds of said estate be distributed by my executor
herein named equally among the following persons my son and daughters, now living to wit
Levi Steel, Polly Johnson, Betsy Boydstone,Lydia Larue, Sevilla Mowry[sic],
Nancy Dixon, and Lavina Weaver, their respective heirs and assigns forever,
my said daughters respectively to have and hold their respectively [sic] shares of
said estate to and for their sale and separate use and support exclusive of the
marital rights of their said husbands.

Item 3rd.  In case my wife survives or outlives me, then and in that event I hereby direct
my executor herein after named at my decease or as soon thereafter as the same can be
reasonably done to sell all my estate real and personal not herein before devised to my
said wife, at public or private sale as he may think most advantageous for said estate and
also collect in all debts due and coming to said estate and distribute and divide amongst
my said son and daughters herein before named, the proceeds of said estate equally as
herein before directed[?] in item 2nd of this will and at the decease of my said wife if she
survives me I further order and direct my said executor herein after named to sell all the
estate real and personal herein devised tomy said wife, Mary Steel, at public or private
sale as he may deem best for said estate and when so sold upon audit or otherwise, to
divide and distribute the proceeds of said sale equally amongst my said son and daughters
to be held by them and their heirs and assignsrespectively as directed in item number two
of this will.

Item 4th. Having given to my daughters Sally Fowler and Caty Rhinehart, deceased
and my sons Jacob Steel and Isaiah Steel, deceased, what I intended for them
hereby decline devising or bequeathing any thing to their children out of my estate.
[See settlement below]

Item 5th.  Having given to my said son Levi Steel a deed for a quarter Section of land in
Wayne County, Ohio, the foregoing devise to himis in addition to said advancement of said
land to him.

Item 6th.  I do hereby nominate and appoint my said son Levi Steel, executor of this my last
will and testament. I do hereby revoke allformer wills by me made.  In testimony whereof I
have hereunto set my hand and seal this 21st day of May in the year of our Lord
one thousand eight hundred and sixty one.  Signed and acknowledged by
said Jacob Steel as his last will and testament in our presence and signed by us in his
presence and at his request.
Levi Cox
M. Welker
                                                                                  his
                                                                   Jacob  X  Steel
                                                                                  mark

Honorable John K. McBride, Probate Judge of Wayne County:  I do hereby certify that
a petition to contest the validity of the last will and testament of Jacob Steeldeceased,
was filed in the office of the Clerk of the Court of Common Pleas within and for said
county on the 11th day of April AD 1871               J.W. Baughman, Clerk
 

[Lydia Larue arranged for Samuel Lightfoot to represent  her in Ohio.]
6 June 1871
Known all men by these presents that We Lydia Larue and George F. Larue her
husband of the County of Cedar and State of Iowa, have made, constituted and
appointed by these presents, do make constituteand appoint as our true and lawful
attorney, Samuel Lightfoot of Wayne County State of Ohio for us and in our names and
as our act and deed, to  act for and represent us and each of us, in settling up and
arranging the business of the Estate of Jacob Steel, dec. late of Wayne County, State of
Ohio, so far as concerns the interests of said Lydia Larue, who is a daughter and heir at
law of said deceased, and to collect and receive from any and all persons such sum or
sums of money or other thing or things as may be due or become due, or owing or
payable to said Lydia Larue from said Estate, and to make any and all arrangements and
settlements in the premises as our saidattorney may deem best.  And upon the payment
of such sum or sums, acquittances [a clearing off of a debt or obligation], receipts or other
proper discharges to make and give.  Hereby empowering our said attorney to do any and
every thing in and about the premises, as fullyto all intents and purposes, as we ourselves
could or would do, if personally present and acting. Hereby ratifying and confirming every
thing done in and about the premises, lawfully done and to be done by our said attorney.
   Witness our hands and seals this 6th day of June AD 1871.
Witness to Mrs. Larue's                                              Lydia
signature   Nicholas Halter                                           her     X     mark
                                                                                 Larue
                                                                                  George F. Larue
 

State of Iowa
Cedar County
           Be it remembered, That on this sixth day of June AD 1871 before the undersigned,
a Notary Public, within and for said County,personally appeared Lydia Larue, and
George F. Larue her husband to me personally known to be the identical persons, whose
names are subscribed to the foregoing Power of Attorney as party thereto, and they both
acknowledged the same to be their voluntary act and deed; and that they executed the same
for the uses and purposes therein mentioned.
Witness my hand and notorial Seal the day and year above written.
                                                       Nicholas Halter
                                                                    Notary Public

[Agreement written to settle estate]
This agreement by and between Levi Steel, Betsey Boydstone, William Johnson
and Mary Johnson his wife, John Moweryand Savilla Mowery his wife,
George Larue and Lydia Larue hiswife, Goodwin Hall and Nancy Hall his wife
and William Weaver and Lavinia Weaver his wife party of the first part, and John
Patterson and Annette Patterson his wife, William Wing and Pamina Wing his wife,
Simon Byers and Mary Byers his wife, William Zigler and Elizabeth Zigler, his wife,
John Rhinehart, David Rhinehart, Levi Hawk and Nancy Hawk his wife, John
McGraw and Sarah J. McGraw his wife, Thomas B. Fowler, Levi Fowler, Franklin
Fowler and Lavinia Fowler party of the second part witnesseth:  That in consideration of
the agreement of all the parties hereto, that this instrument shall be a finality between them
as to all matters of difference in relation to the settlement and distribution of the estate of
Jacob Steel, late of Wayne County, Ohio,deceased, under his last will and testament, that
they will release to each other all actions, claims and demands which may now exist- or ever
have existed in favor of any [of] them against the other or others in relation to or growing out
of the estate of said testator, except asherein after excepted, and that the action now pending
in the Court of Common Pleas of Wayne County, Ohio, wherein the said Levi Hawk and
Nancy Hawk his wife are plaintiffs and the said Levi Steel and the other parties above named
are Defendants, to[?] set aside the willof said testator, shall be dismissed at the costs of said
estate, the said party of the first part do hereby agree to pay to the said part[y] of thesecond
part out of their respective distributive shares under said will of the estate of their father Jacob
Steel, deceased, the sum of twenty eight hundred dollars, as follows: to said Annette Patterson wife of said John Patterson  five hundred dollars; to Pamina Wing wife of
William Wing five hundred dollars, to said Mary Byers wife of said Simon Byers two hundred and twenty five dollars; to said Elizabeth Zigler wife of said William Zigler
two hundred and twenty five dollars; to said John Rhinehart two hundred and twenty-
five dollars; to said David Rhinehart two hundred and twenty five dollars; to said
Nancy Hawk wife of said Levi Hawk, one hundred and fifty dollars; to said
Sarah J. McGraw wife of John McGraw,  one hundred and fifty dollars, to Thomas B. Fowler one hundred and fifty dollars; to Levi Fowler, one hundred and fifty dollars; to said
Franklin Fowler one hundred and fifty dollars and to said Lavinia Fowler one
hundred and fifty dollars,and they the said party of the first part do hereby authorize and
direct the Executor of said last will and testament of said Jacob Steel, deceased to pay to
said party of the second part, in the proportions above named, pro rata, out of their respective
distributive shares of said estate, and said will, the said sum of twenty eight hundred dollars,
and upon such payment being made by saidExecutor, they the said party of the first
part do each hereby agree, upon the presentation by said Executor of vouchers for said
payment, from the parties entitled thereto, to receipt to said Executor for four hundred dollars,
the respective proportions of each of said parties of the first part, of said sum, on the final
distribution of said estate, as so much money paid by said Executor to each of the said parties
of the first part of their respective distributive shares of said estate, and uponthe failure of
either of said parties to execute and deliver such receipts to said Executor, the vouchers of
the parties to whom such payments were made, shall be received in discharge of the payment
by the said Executor of Four Hundred Dollars of the distributive share of said estate of  the
party or parties so failing to receipt to said Executor therefor; And in  consideration of the
foregoing it is hereby agreed by the Plaintiffs therein, that the action pending in said Court be
and the same is hereby dismissed at the costs of said estate, and each of the parties hereto
hereby agrees with  the other or others, to do and perform all and singular the matters and
things herein contained on their respective parts to be performed, and they also hereby
agree each with the other, that all matters of difference between them in relationto the
settlement and distribution of said estate, under said will, is hereby adjusted and settled,
that as to the property of said testator both real and personal, the distribution and
disposition made of it by said testator in said last will and testament shall be final and
conclusive between all the parties hereto, and that the said parties do hereby release each
other from all actions claims and demands whichnow exist or ever have existed in favor of
any [of] them, and against the other or others in relation to or growing out of said testators
estate, except the right of each of the parties composing the party of the second part to
demand and receive of said Executor their respectiveproportions, as above stated of said
sum of money agreed to be paid to them by said party of the first part, and also except the
right of each of the parties composing said party of the first part to demand andreceive
from said Executor the remainder of their respectivedistributive shares of said estate after
the payments to said party of the second part as above stated.  In testimony whereof said
parties have witness[?] to their hand and seals this twenty first day of August AD 1871.
William Zigler                           Levi Steel
Elizabeth [her x mark] Zigler     Samuel Lightfoot attorney
David Rhinehart                                   for G.L. Larue [spouse]
John Rhinehart                          John Mowrer
Simon Boyer                            Covill [her x mark] Mowrer
Mary Boyer                              Mary [her x mark] Johnston
John D. Patterson                      Goodwin Hall
Annetta J. Patterson                   Nancy Hall
Nancy [her x mark] Hawk         William Weaver
Levi Hawk                                 Lovina [her o mark] Weaver
Levi Hawk attorney for               Betesy [sic] [her x mark]
          Thomas Fowler                           Boystone
Levi Hawk attorney for               William Johnston
           Levi Fowler
[There may have been other signatures here because there are some
"seals" marked , but the signatures are not visible.]

We, the children of Jacob Steel late of Wayne County, Ohio, deceased, and the persons
to whom the said Jacob Steel in and by hislast will and testament devised all his property
both real and personal do hereby authorize Levi Steel the Executor of said estate without
payment to him, to cancel and release on the Records of the Court  of Common Pleas of
Crawford County, Ohio, a certain judgment,recovered in said Court by Amos Walter
Guardian of said Jacob Steel against Thomas L. Fowler, John McGraw and
Thomas B. Fowler for about Four hundred and Eighteen Dollars and the interest
thereon and the costs paid by the said Guardian; and upon such release by said Executor
we do hereby release said Executor from all liability to us or either of us, for our distributive
shares of the amount due for principalinterest and costs in said case.  Dated this 16th day
of September AD 1871.
Cevilla Mowrer
John Mowrer
William Weaver
Lavina her x mark Weaver
Goodwin Hall
 Nancy Hall
Elizabeth her x mark Boydstone
Samuel Lightfoot
  attorney for G.F. and Lydia Larue
William Johnston
Mary her x mark Johnston
 

 [Awarding costs to Levi Steel for the work he did as executor.  Not
Dated]
The Estate of Jacob Steel
To Levi Steel Executor of said Estate --[?]
To extraordinary services rendered in the settlement and adjustment of said estate: 1871
For time spent in attending court and preparing for the defense of action brought by the
heirs of said Jacob Steel in the Court of Common Pleas of this County against him to set
aside the will of said Jacob Steel.

In the inventory of said estate, the appraisers inventoried as doubtful, a claim against
Thomas Fowler, Thomas Fowler Jr & JohnMcGraw, for $418.00, on which judgment
had been taken by the Guardian of said testator against the defendants in the Court of
Common Pleas of Crawford County, Ohio.  This judgment by the consent and
agreement, in writing, of the legatees named in said will was receipt in full  by this
Executor on the Docket of said court,without receiving any payment thereon from said
Defendants.  Said appraisers also inventoried as doubtful a judgment against Abijah
Munce for $100.47 upon which $19.88 interest had accrued at the time of said Inventory.
Said Executor has not been able to ascertainhis place of residence & therefore herewith
returns said judgment uncollected.
Also a note against one C.F. Witmer inventoried as worthless said Executor has not been
able to collect and therefore herewith returnssaid note as uncollected.  The note against
George Larue inventoried as Doubtful was receipted in full by said Executor and delivered
to said Larue upon the payment by him to said Executor of the sum of $42.00, the face of
said note.
                                                  Levi Steel       Executor of the
                                              last will and testament of Jacob Steel

[6 Nov. 1872 Levi Steel signed a voucher that the above account and vouchers
contain a true and correct account of said estate.  He scratched out the word
"sworn" and wrote in "affirmed".  It was signed by John K. McBride,
Probate Judge.]
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