WILL OF HENRY BURNETT
(10 April 1801 - 28 August 1876)
July 21, 1876
I Henry Burnett of Youngstown Ohio being of sound mind and memory, do make and publish
this my last will and testament.
Item 1st
I desire first that all my lawful debts be paid by my executor out of the proceeds of my property
after my decease.
Item 2nd
I desire that my wife Nancy Burnett shall hold all of my property, both real and personal
after the payment of my debts, and enjoy the use and benefit of the same during her natural
life if she should succeed me; but if she dies before me, then I desire that all my property
be disposed of as herein after provided of the payment of debts, and if my said wife shall
succeed me, then I desire at her death that my property be distributed as herein after
provided.
Item 3rd
I give and bequeath to my daughter Sarah Ann Hultz and her heirs the house and lot --
situated in the city of Youngstown on North Street, bounded North by the
Atlantic and Great-Western RailRoad, South by xx Street, being the same now held by her;
Also two lots to be selected by me or my executor from the average land on the East Side of
Rine Street in Lansingville. Said lots are fifty (50) feet front on said Rine Street and
one hundred and twenty: or one hundred and twenty-five feet deep. I further give and bequeath to my
said daughter, Sarah Ann, out of the proceeds fo the balance of my property not herein specificially
bequeath, the sum of Three hundred dollars in money. I further remit to my said daughter Sarah
Ann all of her indebtedness to me of whatsoever description.
Item 4th
I give and bequeath to Eliza M. Burnett, wife of my son R.D. Burnett and her heirs the following distributed real estate to wit:
one lot of land fronting fifty (50) feet on the Hazellion road and extending back to the Miller
land and bounded south by the Yxx R.R. and west by lot sold to the Miller Boys; also the
farm I now own in Lawrence County Penna; and the house and lot I own in Niles Ohio
formerly owned by Rogers. The said house and lot in Niles however is bequathed to said Eliza M. and to be deed to her only if
upon the full and final settlement of my estate by my executor, and if my said estate shall in any manner be
held liable for any sum for which I may have become bail or security for said R.D. Burnett or if
my estate shall be charged with any debts of said R.D. Burnett in any manner whatever. The said Niles property
shall be charged with such sum and my executor is authorized to execute and deliver a deed of the
same to said Eliza M. Burnett only when such sums is paid by said R.D. Burnett to my executor or secured to be
paid to the satisfaction of the other legatees herein named.
I further will that the said Eliza M. Burnett and her heirs receive one sixth of all the balance
of my property not herein specifically bequeathed, or the proceeds thereof should the same be sold
by my executor. But -- all of said bequest is subject to an
advancement of seventeen hundred dollars received by said R.D. Burnett from me in my life time,
and with which I desire his interest to be charged.
Item 5th
I give and bequeath to my daughter Harriett Marr and her heirs the following real estate to wit: The house and lot in
Hazelton, whcih she now has the use and benefit of and which I have intended to be hers as an advancement
to her. Also I give to my said daughter one sixth of all the balance of my real and personal
property, not herein specifically bequeathed, or the proceeds thereof should the same be sold. But
said bequesst is subject to an advancement of Three Thousand dollars with which I desire her interest
to be charged.
Item 6th
I give and bequeath to Lizzie Burnett, wife of my son Ailett R. Burnett and his heirs one
sixth of all my real and personal property not herein specifically mentioned, or the proceeds thereof
if the same shall be sold. But said bequest is subject to an advancement of Four Thousand dollars with which I
desire his interest to be charged.
Item 7th
I give and bequeath to Maggie E. Burnett wife of my son Hiram and his heirs one sixth of all my property
both real and personal not herein specifically bequeath or the proceeds thereof if the same shall be sold. But this bequest
is subject to an advancement of Twenty five hundred dollars with which I desire her interest to
be charged.
Item 8th
I give and bequeath to my son Henry L. Burnett one sixth of all my property both real and personal not
herein specifically bequeathed, or the proceeds thereof if the same shall be sold. But said
bequest is subject to an advancement of Eighteen hundred (1800) dollars, with which
I desire his interest to be charged.
Item 9th
I give and bequeath to Lorena Burnett wife of my son John S. Burnett and his heirs one sixth
of all my real and personal property not herein specifically bequeathed, or the proceeds
thereof should the same be sold by my executor, but this bequest is subject to an
advancement of Thirteen hundred dollars, with which I desire her interest to be charged.
Item 10th
It is my will that my executor deed to my legatees the property bequeathed to them as
herein before provided. And that all the said legatees, if possible agree upon a
division and partition of the balance of my property at my death or at the termination
of my wife's life estate therein, instead of selling the same and dividing the proceeds. But
in case said division cannot be made with the consent of all of said legatees and to their
satisfaction, then I desire that said property be sold in due form of law by my executor and the proceeds thereof distributed as
heretofore provided, defraying each legatee with the advancements as specified.
Item 11th
I hereby nominate and appoint John Gibson to be the executor of this my last will and
testement.
Item 12th
I hereby revoke all other wills by me made.
Youngstown Ohio
July 21, 1876
Signed and acknowledged by said Henry Burnett as his last will and testement in our presence
and signed by us in his presence this 21st day of July A.D. 1876.
Charles R. Trusdale
James F. Wilson
(Information collected by James Opfield)
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