27 April 2022

The Last Will and Testament of Kasper Graff

Kasper Graff is Johan Caspar Graf, my maternal, second great grandfather, of Miami County, Indiana, United States. He lived from 1827 to 1869.  He was married to Mary (possibly Wrightweasner), but is not listed by name in his will. Caspar and Mary had eight children, all of whom are listed in his will.

The witnesses to Caspar's will were John Bernhart and Jonas Stepler. I'm not sure who John Bernhart was, there were many John Bernhart's in the 1870 Census, one year after the signing of Caspar's will, but none in Miami county. Jonas Stepler, age 25, was a neighbor of Caspar and Mary Graf.


Source: Will Records, Circuit Court, Miami County, Indiana, 1889-1925; Author: Indiana. Circuit Court (Miami County); Probate Place: Miami, Indiana. Will Records, Court of Common Pleas, and Circuit Court, Vol 1, 1853-1876 pages 389 and 390. Found at Ancestry.com. Indiana, U.S., Wills and Probate Records, 1798-1999 [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2015.

389

Kasper Graff’s Will

On the name of the Benevolent father of all I Kasper Graf of Miami County In the state of Indiana do make and publish this my last will and testament

1st I give and devise to my beloved wife in lieu of her interest in my lands the farm on which we now reside in the county of Indiana and state of Indiana. Containing about forty 40 acres during her natural life, all the stock and household goods furniture provisions and other goods and chattles (sic) which may be thereon at the time of my decease during her natural life as aforesaid, she however selling so much thereof as may be sufficient to pay my just debts, and also to sell out of my personal to the amount of Fifty Dollars which I give and bequeath to my son Jacob Graf in lieu of his share hereafter mentioned.

On the death of my said wife the real and personal Estate aforesaid to give and devise to my Eight children to be equally divided between them all, them and their heirs forever I do hereby nominate and appoint my beloved wife Guardian of all of my children, Jacob Graf, Caroline Graf Philbenia Graf Philip Graf Henry Graf George Graf Valentine Graf and Elizabeth Graf until they each arrive at the age of twenty one years or intermarry but in case my wife should again marry her Guardianship of said children shall cease and determine upon her intermarriage

In testimony whereof I have hereunto set my hand and seal this 25th day of March in the year 1869.

                                                           his            

Kasper x Graf

        Mark

Signed and acknowledged

By said Kasper Graf as his

Last will and testament

In our presence and by

Us in his presence

   John Bernhart

   Jonas Stepler

 

390

State of Indiana

Miami County

Be it remembered that on the 12th day of April 1869, John Bernhart one of the subscribing witnesses to the foregoing last will and testament of Kasper Graf late of said County deceased personally appeared before John A. Graham clerk of the court of common Pleas of Miami County in the state of Indiana being duly sworn by the clerk of said court upon his oath declared and testified as follows that is to say that on the 25th day of March 1869 he saw the said Kasper Graf sign his name to said instrument in writing and for his last will testament and that thi deponent at the same time heard the said Kasper Graf declare the said instrument in writing to be his last will and testament and that the said instrument in writing was at the request of of the said Kasper Graf and with his consent alerted and subscribed by the said John Bernhart and Jonas Stepler in the presence of said testator and in the presence of each other as subscribing witnesses there to and that the said Kasper Graf was at the time of the signing and subscribing of the said Instrument in writing of full age that is more than twenty one years of age and of sound and imposing mind and memory and not under any coercion or restraint as said informent verily believes and further informent says not

                                                                                                     John Bernhart

Sworn to and subscribed by the John Bernhart before me John A. Graham clerk of said court at Peru, the 12th day of April 1869

                  (seal)                                  In attestation whereof I have hereunto subscribed my name and affixed                                                                             the seal of said court

                                                                                                   Jno. A. Graham Clerk

State of Indiana

Miami county

                                                                        John A Graham clerk of the court of common Pleas of Miami county Indiana do hereby certify that the within (annesced) last will and testament of Kasper Graf has been admitted to Probate and duly proved by the testimony of John Bernhart one of the subscribing witnesses there to that a complete copy record of said will and the testimony of the said John Bernhart in proof thereof has been by me duly read and recorded in Book No 1 at pages 389 & 390 of the Record of Wills of said County. In attestation whereof I have hereunto subscribed my name and affixed the seal of said Court at Peru this 13th day of April 1869                             Jno A Graham Clerk CC P. Ind




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