Maplewood History: The Last Will and Testament of Ann Aston Warder

Readers may recall from previous posts that Ann Aston Warder was the mother of Maplewood’s own, Mary Warder Rannells.  Descendant Rachel Potter kindly copied to me Ann’s handwritten will.  Tonya Lane Ferguson kindly offered to transcribe it.  This was no small undertaking.

Ann Warder Will

State of Clark County, Ohio

Be it remembered that heretofore, to wit: on the 18th day of August 1871, the last will and testament of Ann A. Warder late of said County Deceased was produced for probate by the Executors therein named said will and testament is in the words and figures following, to wit:

I, Ann Warder of the County of Clark in the State of Ohio, in consideration of the uncertainty of Life and the ever nearness of Death do make and publish this my last will and testament in manner and form following hereby revoking all former wills:

First:   I wish to give some parting advice to my children — seek the Lord earnestly & fervently — seek His blessing as the one thing needful. Then, when you know him individually for yourselves that He is indeed your Father, that He will grant to you Salvation through the atoning Sacrifice of Christ Jesus, our mediator, our Redemptor, then all else is easy, whether prosperity and adversity is our position in this life, we shall know that a Fathers hand has given or withheld all is by his Providence.

Second: It is my will and desire that all my just debts be first fully paid and satisfied.

Third: My household, kitchen and cupboard furniture and family supplies, linen, books, pictures, silver, and clothing I give to my daughters Sarah W. Cumming and Mary W. Rannells and daughter-in-law Elizabeth B. Warder or their survivors to be equally divided by them among all my children namely Sarah W. Cumming, John A. Warder, George A. Warder, Mary W. Rannells, William Warder, James Thomson Warder, and Benjamin H. Warder share and share alike without any listing or appraisement by our Executors and if any of the said children shall die before me leaving lawful issue their such issue shall take the share his, her, or their parent would have received if living at the time of my death. The rest and residue of my personal estate shall not be listed or appraised but shall be sold or distributed by my Executors in such manner as may by them be desired best.

Fourth: I desire and so will and bequeath all the property, real, personal, and mixed which is held in trust for me under the last will of my Uncle George Aston may be divided among my children or their issue according to the requirements of said will and whereas my late brother-in-law Benjamin H. Warder of Philadelphia as trustee of said property did leave unto my dearly beloved husband Jeremiah Warder during his life different sums of money and more particularly described as eight thousand and seven hundred and fifteen 28/100 dollars ($8715.28) and also five thousand six hundred and forty-nine 94/100 ($5649.94) secured by a mortgage from said Jeremiah Warder to said Benjamin H. Warder trustee & c. upon the Lagonda Mill Tract dated February 17th 1836 recorded in Record of Mortgages, Vol. 1, page 179, Clark County Recorder Office and a certain other mortgage given the same to the same dated 17th February 18[?]8 recorded in Record of Mortgages Vol. 1, page 537 in Clark County Recorders Office upon a certain tract of land containing two hundred acres more or less being so much in the west half of Sec. 29, T5, R nine as lies north of Columbia Street and west of Mill Street or Road, which last  mortgage was for the nominal sum of seven thousand dollars but which was only a further security for the sums named in the first mortgage aforesaid, and whereas the said Jeremiah Warder did on the 17th February 1843 by a conveyance in the form of a deed in fee simple but accepted and held by Benjamin Warder trustee as aforesaid the grantee in said conveyance as a mortgage for the further security for the sums named in the first mortgage aforesaid convey to the said Benjamin H. Warder in trust the above named Lagonda Mill Tract, being 30 acres in the south west corner of section 24, T5, R9 and also a certain other tract including the tract mentioned in the second mortgage aforesaid being part of the west half of section 29, T5, R 9 patented this Tisson Spring and so much as lies north of the National Road as one conveyed to Jeremiah Warder in 1832 containing two hundred and forty acres more or less which his last conveyance is recorded in Book W, Page 250 [?] of Clark County and to which conveyance reference is herein more particularly had. Now, therefore I do hereby desire and request my trustee under the will of George Aston to hold and consider the same as a security for the payment of the principal sums named in the first mortgage aforesaid and that he shall apply the proceeds heretofore received or to be received from sale of said property so conveyed by the said Jeremiah Warder to the payment of the principal sum so due and when said principal sums, amounting to fourteen-thousand, three-hundred and sixty-five dollars and twenty-five cents ($14365.25) has been fully paid that he will convey the rest due of said property to my legal representatives and further I do hereby release and relinquish all right, claim, and demand of any and all interest due or to become due on said fourteen-thousand, three-hundred and sixty-five 25/100 dollars to as aforesaid.

Fifth: Whereas by the last will and testament of my dearly beloved husband Jeremiah Warder deceased, I was made sole devisee of all his property, real, personal, and mixed I will and bequeath as follows: The Lagonda Mill tract and mills situated in Clark County, Ohio about one and one-half miles northeast from the Tower (Town) of Springfield and more particularly described in the patent for the same dated July 9, 1814, as lot or survey No. 2 of thirty acres in the south west corner of section twenty-four of township five, range nine between the great Miami River and the Virginia Reservation together with all the right, privileges, and water power acquired of Thomas Merritt and wife by deed dated 18 September 1849 together with all the rights, privileges, and power of ingress and egress upon the land lying between the said Lagonda Mill tract and the lands of the said Thomas Merritt and upon the lands of the Thomas Merritt for the purpose of repairing and clearing and deepening the Race now established through said lands which conveys the water from the dam on said Thomas Merritts land for the use of the said Lagonda Mills together with all waste, ways, and easement at the same are now enjoyed in the best employment of said water of such creek that I myself or the trustee under the will of my uncle George Aston may enjoy under said conveyances from said Thomas Merritt or which are necessary for the use of the same where said ease passes thru my lands — Hereby declaring that the said conveyances from Thomas Merritt to said trustee was intended for the use of the estate of Jeremiah Warder — I will and bequeath to my two sons William Warder and Benjamin H. Warder subject to the payment of them of eight-thousand dollars and that the same may be cleared of the encumbrances of the mortgage aforesaid which said amount eight-thousand dollars I desire may be received by my trustees under the will of George Aston as so much paid on the amount due from the estate of my dearly beloved husband Jeremiah Warder to the said trust estate hereby requesting my said trustee and my executors to make good and sufficient conveyances for conveying the said Lagonda Mill tract and said and said water power acquired of Thomas Merritt and said water power in Buck Creek between the two, with the easement and privileges aforesaid to the said William Warder and Benjamin H. Warder their heirs and assigns, but if the said property aforesaid property known as the Lagonda Mill property is sold to Warder and child or other parties before my death then I give and devise the amount received or to be received from the same to my sons William and Benjamin H. Warder aforesaid provided however they pay to the trustee under the will of my Uncle George Aston, eight thousand dollars to be applied aforesaid. It being my desire that my said sons William and Benjamin H. Warder shall have the Lagonda Mill property on the payment of that sum and if it is sold for more than that amount that the notes and evidences of debt of money received beyond that amount shall be transferred and belong to the said William and Benjamin H. in their own right the said property having originally been sold to them for eight-thousand dollars and the excess of value above that amount is justly theirs for improvements made by them.

Sixth: Whereas it was the earnest desire of my dearly beloved husband Jeremiah Warder to advance to each of our children the sum of five-thousand dollars in money or property and whereas our sons John Warder and George A. Warder and our daughters Sarah W. Cumming have each been given that amount in full by their father and whereas four-thousand dollars has been given to our daughter Mary W. Rannells and twenty-two hundred dollars has been given to our son William Warder and thirty-five hundred dollars has been given to our son James Thomson Warder and thirty-five hundred dollars has been given to our son Benjamin H. Warder by their father or myself and whereas during the life of our daughter Elizabeth A. Warder twenty-five hundred and ninety dollars in property was set aside as an advancement for her this Elizabeth A. and whereas our said daughter Elizabeth A. at her decease desired that the advancement of five thousand dollars intended for her should be given to our daughter Sarah W. Cumming and whereas the said advancement of twenty-five hundred and ninety dollars is intended to be given to our daughter Elizabeth A. Warder and by her intended to be given to her sister Sarah W. Cumming has been expended is that the desire of our daughter Elizabeth A. has not fulfilled saving and excepting the amount of five hundred dollars. Now therefore in pursuance of the said desire of my said husband and my daughter Elizabeth A. Warder and of my own wishes in this matter, I hereby desire and will and bequeath that out of the first proceeds arising from my estate after the payment of all first debts and other legacies herein before named there shall be distributed as follows: to Sarah W. Cumming four-thousand, five-hundred dollars ($4500.) to Mary W. Rannells one thousand dollars ($1000.) to William Warder twenty-eight hundred dollars ($2800.) to James Thomson Warder fifteen-hundred dollars ($1500.) and to Benjamin H. Warder fifteen-hundred dollars first however paying him or her to whom most is due until his or her payment is reduced to the amount of the next-below and then these two in equal shares until reduced to the amount of the one next-below and so on until the said Sarah W. Cumming shall have received the full advancement of her sister Elizabeth A. of five thousand dollars and until all our children have each and all received their full advancement of five-thousand dollars and if any of the said devisees in this section shall die before me leaving lawful issue shall take the share his, her, or their parent would have received if living at the time of my death.

Seventh: After payment of all prior legacies and bequests herein before mentioned I give to my granddaughter and namesake Anna Cumming and Anna Warder to each the sum of fifty dollars for the purchase of a watch or some other remembrance of me.

Eighth: After the payment of all prior legacies and bequests herein before mentioned I desire my executor to invest such a principal sum as will produce the net annual interest of fifty dollars and such principal sum as will produce the net annual interest of ten dollars which interest I desire may be given annually as follows to my old and highly esteemed friend Susan Y. Humphrey of Philadelphia the annual sum of fifty dollars during the period of her natural life and to my old servant Bella Collins (colored) of Philadelphia the annual sum of ten dollars during the period of her natural life and on the death of each the principal sum on which the said interest is based to become a portion of my residual estate.

Ninth: My residual estate after satisfaction of debts and legacies herein mentioned and devised I will and bequeath may be distributed among all my sons and daughters living at the time of my death share and share alike or if any of my children shall die before me leaving lawful issue then such issue shall take a share his, her or their parent would have received if living at the time of my death.

Tenth: And finally, I make, constitute, and appoint my sons John I. Warder, George A. Warder and William Warder or the survivor and his heirs as my Executors with full powers to sell, transfer, convey, and distribute, and manage my property and for the conveyance of the same to make good and suitable deeds in carrying forth the objects of this will and it is my earnest desire that in the distribution of the property that kindliness of feeling and generosity of temper which has always characterized my children shall govern them and that they shall each assist as far as it is in their power to carry out the wishes I have herein expressed. Witness my hand and seal at Springfield, Ohio this sixth day of January 1864.

Ann A. Warder  {seal}

Signed, sealed, published, and declared by the said Ann A. Warder as and for her last will and testament in the presence of us who have hereunto subscribed our names as witnesses thereunto at the request of the testator and the presence of the testator and of each other:

John H. Voorhees of San Francisco, California

M. Buckingham of Springfield, Ohio

Anna M. Bishop of Springfield, Ohio

Codicil: Whereas I Anna A. Warder on the sixth day of January 1864 did make and publish my last will and testament. I do now declare the following to be a codicil to the same, namely: In order to make more clear the intention expressed in my foregoing will, I do hereby give, bequeath, and devise all my estate, real, personal, and mixed except the household goods & c. mentioned in the third clause of said will my executors thus named or the survivors and the heirs and assignees of said survivors with full power to sell and dispose of the same at pubic or private sale as they may decree best and deeds in fee simple to execute and deliver to the purchasers thereof and out of the proceeds of the sale of the same to pay the said legacies, bequeath in and of said will and the residue to distribute according to the provisions of my said will excepting that I direct that the said executors after paying my just debts first pay to each of my beloved grandchildren who may be living at the time of my decease one-hundred dollars and to my beloved granddaughter Mary W. Cumming for her kind attention to me the additional sum of four-hundred dollars and I do hereby [?] all the provisions of my said will excepting as the same may be modified by this codicil. Witness my hand and seal at Springfield, Ohio this 8th day of May 1869.

Ann A. Warder {seal}

Signed, sealed, published, and declared by the said Ann A. Warder and for a codicil to her last will and testament in the presence of us who have hereunto subscribed our names and witnesses thereunto at the request of the testator and in the presence of the testator and of each other.

John H. Voorhees          Springfield, Ohio

Anna W. Bishop             Springfield, Ohio

And on the day and year first above written the testimony of John H. Voorhees and Anna W. Bishop subscribing witnesses to the last will and testament was taken in open court reduced to writing and filed herein said testimony is in the words and figures following to wit:

State of Ohio, Clark County, Court of Probate August 18, 1874

Be it remembered that on this day personally appeared before the judge of said court John H. Voorhees and Anna W. Bishop two of the subscribing witnesses to the last will and testament of Ann W. Warder late of said country, deceased, who being lawful age and duly sworn depose and say that they were present at the execution of said will and codicil thereto; that they saw the testatrix sign and heard her acknowledge the same as her last will and testament; and that at the time of the execution then of said executrix was of full age of sound and disposing mind and memory and not under any restraint; and that they signed the same as witnesses in the presence of said testatrix and at her request.

Sworn and subscribed the                John H. Voorhees

day and year first above written                Anna W. Bishop

before me. G. Dial judge of said county

And on the day and the year just above written the judge of said court made and entered and entered afore the journal thereof the following entry to wit:

The last will and testament of Ann A. Warder, late of Clark County, Ohio deceased, was this day produced for probate by William Warder one of the executors named therein, and thereupon said will and codicil thereto attached were duly proved by John H. Voorhees and Anna W. Bishop, two of the subscribing witnesses to the said will and codicil who were duly sworn and examined in open court, and their testimony reduced to writing and filed herein, and it appearing to the court that the said testatrix at the time of the execution and attestation of said will and codicil was full of age of sound and deposing mind and memory, and not under any restraint. It is therefore ordered by the court that said will and codicil be and they are hereby admitted to probate and that the same together with testimony so taken at aforesaid, and recorded.

G. Dial

Judge of Probate

I didn’t say it was going to be easy.  Coming up Ms. Potter has kindly provided me with an avalanche of historic Warder and Rannells family documents and images, a couple of which are going to knock your socks off.  Stay tuned.

Doug Houser      September 29, 2021