Hittle Genealogy Symposium

[Joe Hittle]

The Will of Benjamin Hittle, Sr, of Darke County Ohio
Written 30 January 1885
Filed 19 May 1885
Transcribed, noted, and reformatted by Joseph A. Hittle on 21 February 2010
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In the name of God Amen

I Benjamin Hittel of Allen Township in the county of Darke and state of Ohio.

Considering the certainty of Death and the uncertainty of the time thereof.

Wishing to arrange my property which the father of all our blessings has bestowed to me.

In a prudent manner.

I therefore make and ordain and ratify this my last will and testament in manner and form following to wit:

1st. I give and bequeath unto my beloved wife Mary Hittel The Homestead farm on which I now live containing one hundred [note: “one hundred” is struck through, and replaced by “Fifty”] Fifty acres of land to have and to hold as her own untill ten years after the maturity or age of my youngest son Henry. Then the farm is to be sold by my Executor at private sale as they may deem best. And my wife shall have one third of the proceeds in money. The balance is to be equally divided between my legal heirs. Henry Hittel shall receive on hundred and fifty dollars to bring him equal with the rest of the heirs as my books will show.

My personal property is to be appraised and [note: indistiguishable mark] sold after my death by my Executor at public sale and my said wife Mary Hittel shall have one third of the personal property in chattels or money as she choose.

All the moneys remaining in my care after all necessary costs and debts have been paid. Shall be equally divided between my lawful heirs remain in the hands of my wife untill after her death. Then after her death all my lawfull heirs shall share equal.

In witness whereof I have hereunto set my hand and seal this 30th day of January One thousand eight hundred and eighty five

Turn over [note: indicates another page to the document] {seal}

I herby appoint my beloved sons Benjamin Hittle and Noah Hittle and [note: obvious erasure] my executors.

(signed) Benjamin Hittle Sr {seal}

Witness (signed)

Tobias Hiestand
Noah Hittle
John Shomber

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[Note: the will was written on two pages of financial ledger paper, these arranged with page two being an outer rear shell. The pages were folded in half, with the following being added, probably by a filing clerk, to the clear resulting outer shell, and perpendicular to the item ledger lines on the paper]

Benjamin Hittle’s
Will

Filed May 19, 1885

S. C. Kulp
Probate Judge

[Joe Hittle]

More information from the Application for Probate of Will; this taken from an extract I posted to the Darke County, Ohio listserve:

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The application for probate is somewhat a curious document in that it lists:

"the following named persons his only next of kin resident of the State of Ohio:"

That line is part of a standard form: #275 as published by Siebert & Lilley, Blank Book Manufacturers and Legal Blank Publishers, Opera House Building, Columbus, Ohio.

This evidently was the form commonly used by Darke County Probate Judge S.L. Kolp in 1885.

Mary Hittle is named as the one "left" with those in list being being Benjamin's other Ohio resident heirs:

Mary Wimmer
Samuel Hittle
John Hittle
Benh. Hittle
Catharine Glass
William Hittle
Sarah Hittle
Rebecca Teetor
Noah Hittle
Henry Hittle

There are those who maintain that this is NOT a complete list of the children of Benjamin and Mary (Reigel) Hittle, and that he had other heirs who were not Ohio residents at the time of the probate.

The document further states that Benjamin Hittle Sr died "on or about" 12 May 1885, and that this application was presented on 19 May 1885 by Benjamin Hittle Jr.