The Wills of Martin, Margaret, and Michael HECHT
Hecht descendant Amy Ray found the wills of Michael, Martin and Margaret HECHT in the city of Dayton. These wills appear to have been recorded by an archivist, as they were all written in the same handwriting. Below are Amy's typed transcriptions:
Last Will and Testament of Martin Hecht
"Be it remembered, that heretofore in the Probate Court within and for the County of Montgomery and State of Ohio to-wit: on the 16th day of June A.D. 1879, there was presented in this Court for probate and admitted thereto, the last Will and Testament of Martin Hecht deceased the same being clothed in the words and figures to-wit:
In the name of God Amen. I, Martin Hecht of the City of Dayton, County of Montgomery, and State of Ohio, being of sound mind and memory do hereby make and publish this as my last Will and Testament and declare any other Will by me heretofore made null and void.
Item 1st: It is my will that all my just debts and funeral charges shall be first paid by my Executors hereinafter named as soon as funds enables him to do so.
Item 2nd: It is my desire and I so request that while I have One hundred Dollars in my Trunk, my Executors shall take charge of and use the same in paying my funeral expenses and all other legal debts, should said amount be insufficient to pay my funeral expenses and all of my other legal debts, then my three sons, Henry, Joseph and Michael Hecht shall pay the balance, each to pay an equal share, and in case that my funeral expenses and all other legal debts should not require all of said $100.00 then my Executors shall pay the remainder thereof to my wife Margaretha Hecht for her own use.
Item 3rd: I give devise and bequeath to my Wife Margaretha Hecht one promissory note now in my possession whereof the principle sum is seventy five Dollars and payable by John G. Ziegler to be hers absolutely.
Item 4th: Whereas I have about eight years ago advanced at different times a total sum of Eleven hundred Dollars to my son Henry Hecht towards the purchase of a lot and the erection of a Dwelling House thereon, for which amount with interest he is still indebted to me as per promissory note on my possession, I give devise and bequeath to my son Henry Hecht said sum of Eleven hundred Dollars with the interest thereon to be his distributive share out of my estate in full with the condition that he shall pay Three Dollars or more if insufficient for each and every month to my said Wife Margaretha Hecht during her life time, at the end of each month for her support and by failing to pay said monthly dues, or any other additional assessments that may hereafter be made against him, then said note shall stand in force against him for the payment of all dues payable by him.
Item 5th: I give devise and bequeath to my son Joseph Hecht my house and lot, situate and fronting on the West side of Bonner Street in Dayton, Ohio subject to a payment of Three Dollars or more if insufficient for each and every month to be made by him and paid to my Wife Margaretha Hecht during her life time at the end of each month for her support and by failing to pay each said monthly dues as specified, then all non-payments shall stand as a charge or lien against said premises in favor of my said Wife, for the payment of same.
Item 6th: I give devise and bequeath to my son Michael Hecht my House and lot situate and fronting on the East side of McClure Street in Dayton, Ohio, with the condition that he has to pay One hundred and fifty ($150.00) Dollars to my son Joseph in order to make both bequests more equal and it is further subject to a payment of Three Dollars or more if insufficient for each and every month to be made and paid by him (the said Michael Hecht) to my wife Margaretha Hecht during her life time at the end of each month for her support and by failing to pay said monthly dues as specified, then all non-payments shall stand as a charge or lien against said premises in favor of my said Wife for the payment of same, and said $150.00 shall also stand as a charge or lien against said premises in favor of my son Joseph for the payment of same, until paid.
Item 7th: The two foregoing bequests of Items 5th and 6th to my sons Joseph and Michael Hecht, are also subject for the occupation of one Room in either house by my Wife, she is to have the privilege to select which house she prefers to live in and it shall be hereby understood that any one of my sons with whom my Wife may live, he shall pay to her only $1.50 per month instead of $3.00. Said monthly payments to my Wife and the occupation of one Room in one of said houses by my wife shall commence with the first month after my decease, and continue during her life time or if she remarry then only during her widowhood and be it therefore further understood that during said time, none of said premises be sold, without the free consent of my said Wife.
Item 8th: It is my earnest desire and I so request my three sons to be good and kind to their mother, to obey and assist her at all times, especially in time of sickness, never to let her suffer for want of a comfortable support, and if my said wife dies as my widow without leaving sufficient funds to pay for her doctor bills and funeral expenses, then my said three sons shall each pay an equal one-third of such debt, and in case she has any funds on hand, more than her Doctor Bills and funeral charges will require, then the remainder thereof with all the household goods furniture and bedding whatever she may have left, shall be divided between my three sons Henry, Joseph and Michael Hecht in equal parts share and share alike.
Item 9th: I hereby nominate and appoint my two sons Henry Hecht and Michael Hecht as Executors of this my last Will and Testament and excuse them from making or filing any Inventory of my Estate, neither do I ask any Bond as security from them and ask the Hon. Judge of the Probate Court to direct the omission of the same in pursuance of the Statute, in testimony whereof I have hereunto set my hand and seal this 17th day of August 1877. Martin Hecht.
Signed, sealed and acknowledged by Martin Hecht as and for his last Will and Testament in our presence and we at his request and in his presence and in presence of each other have signed the same as Witnesses. Heinrich Hulsmann. Joseph Steffans.
Afterwards to-wit, on said 16th day of June A.D. 1879 Personally appeared in open Court Joseph Stephans and Heinrich Hulsmann the subscribing witnesses to the last Will and Testament of Martin Hecht deceased, who being duly sworn according to law to speak the truth, the whole truth and nothing but the truth in relation to the execution of said Will, depose and say, that the paper before them purporting to be the last Will and Testament of Martin Hecht now deceased, is the Will of said deceased that they were present at the making of said Will, and at the request of the Testator subscribed their names to the same as witnesses, in his presence and in the presence of each other: that they saw the said Martin Hecht deceased sign and seal said Will, was of legal age and of sound and disposing mind and memory, and under no undue or unlawful restraint whatsoever, as they verily believe."
Last Will and Testament of Michael Hecht
"Be it remembered that heretofore in the Probate Court within and for the County of Montgomery and State of Ohio to wit. On the 19th day of September A.D. 1881, there was presented in this Court for Probate and admitted thereto the last Will and Testament of Michael Hecht deceased the same being clothed in the Words and figures following to wit.
In the name of the Benevolent Father of all: I Michael Hecht of Dayton Montgomery County Ohio do make and publish this my last Will and Testament.
Item 1. It is my will that my doctor bill and funeral expenses first be paid out of my personal estate and if that is not sufficient the balance out of my real estate.
Item 2. I give and devise to my mother Margaretha Hecht lot numbered Forty five hundred and three (4503) on McClure Street Dayton Ohio.
Item 3. It is my will that my brother Joseph Hecht shall have the claim I hold against Stratton & Bros., Attorneys, of Fort Wayne Indiana for money collected by them for me.
Item 4. It is my will that my mother shall have all my personal estate that may be left after my Doctor bill and funeral expenses are paid except my claim against Stratton & Bros. of Indiana.
Item 5. I do hereby nominate and appoint Joseph Unger executor of this my last will and testament hereby authorizing and empowering him to compromise adjust release and discharge in such manner as he may deem proper the debts and claims due me. I do also authorize and empower him if it shall become necessary in order to pay my debts to sell by private sale or in such manner upon such terms of credit or otherwise as he may think proper all or any part of my real Estate and deeds to purchasers to execute acknowledge and deliver in fee simple. I also request the court not to require my said executor to give bond and that there be no appraisement of any personal or real estate and that the court of probate direct the omission of the same in pursuance of the Statute. In testimony here of I have hereunto set my hand and seal this the thirteenth day of October A.D. 1879. Michael Hecht.
Signed and acknowledged by the said Michael Hecht as his last Will and testament in our presence and signed by us on the day before last aforesaid. E.H. Kerr, George Grimme.
Whereas I Michael Hecht on the 13th day of October in the year 1879 made my last Will and testament of that day, do hereby declare the following to be a codicil to the same. I desire that my Executor expend out of my Estate the sum of Fifty ($50.00) dollars for masses for the repose of my soul. In case I sell the within named lot & property & buy another I desire same to be given to my mother in place of Lot 4503. In witness whereof I have hereunto set my hand and seal this 17th day of March A.D. 1881. Michael Hecht.
Signed and acknowledged by said Michael Hecht in our presence and signed by us in his presence the day and year aforesaid. Peter J. Schommer. George Grimme.
Afterwards to wit. On the 19th day of September A.D. 1881. Personally appeared in open Court Eldon H. Kerr and George Grimme the subscribing witness to the last Will and Testament of Michael Hecht deceased, who being duly sworn according to law to speak the truth, the whole truth, and nothing but the truth in relation to the execution of said Will depose and say, that the paper before them purporting to be the last Will and Testament of Michael Hecht now deceased is the will of said deceased, that they were present at the making of said Will, and at the request of the Testator subscribed their name to the same as witnesses, in his presence and in the presence of each other; that they say the said Michael Hecht deceased sign and seal said Will, and heard him acknowledge the same to be his last Will and Testament; that the said Michael Hecht at the time of making and signing and sealing said Will was of legal age and of sound and disposing mind and memory and under no undue or unlawful restraint whatsoever as they verily believe. E.H. Kerr. George Grimme. Sworn and subscribed in open Court this 19th day of September A.D. 1881. John L.H. Frank Probate Judge.
Afterwards to wit. On the 19th day of September A.D. 1881. Personally appeared in open Court Peter J. Schommer and George Grimme the subscribing witnesses of the Codicil to the last Will and Testament of Michael Hecht deceased who being duly sworn according to law to speak the truth, the whole truth, and nothing but the truth, in relation to the execution of said Codicil to said Will, depose and say the paper before them purporting to be the Codicil to the last will and testament of said Michael Hecht now deceased is the Codicil of said deceased to his said last Will, that they were present at the making of said Codicil to said Will, and at the request of the deceased, subscribed their names to said Codicil to said Will as witnesses in the presence of the decease, and of each other; that they saw the said Michael Hecht deceased, sign and seal said Codicil to said Will, and heard him acknowledge the same to be a Codicil to his last Will and Testament; that the Michael Hecht was at the time of making, signing and sealing said Codicil to said will of legal age and of sound and disposing mind and memory and under no undue or unlawful restraint whatsoever. Peter J. Schommer. George Grimme.
Sworn and subscribed in open court this 19th day of September A.D. 1881. John L.H. Frank Probate Judge.
Afterwards to wit: On the 19th day of September A.D. 1881. This day the last Will and Testament and Codicil thereto of Michael Hecht deceased was presented in this Court for probate and the testimony of Eldon H. Kerr and George Grimme subscribing witnesses to said Will and Peter J. Schommer and George Grimme subscribing witnesses to the codicil thereto attached; was in open Court taken and redirected to writing and the Court being satisfied from said testimony, that the said Michael Hecht now deceased was at the time he executed said last Will and Testament and the Codicil thereto attached, was of legal age and of sound disposing mind and memory and under no undue or unlawful restraint whatsoever. It is therefore ordered by the Court that the said last Will and Testament with the codicil thereto attached, be and the same is hereby admitted to probate and with said testimony ordered to be recorded. Thereupon cause in to open Court Joseph Unger Executor named in said Will and in open Court accepted said trust. Whereupon said Court appointed said Joseph Unger Executor of the Estate of Michael Hecht deceased. No Bond or Appraisement required under said Will and letters issued."
Last Will and Testament of Margaret Hecht
"Be it remembered that heretofore in the Probate Court within and for the County of Montgomery and State of Ohio on the 28th day of February A.D. 1882 there was presented in this court for Probate and admitted thereto the last Will and Testament of Margaret Hecht the same being clothed in the words and figures following to wit.
In the name of the Benevolent Father of All. I Margaret Hecht of the city of Dayton Montgomery County Ohio being of sound mind and disposing memory do make and publish this my last Will and Testament hereby revoking all former Wills and Codicils by me made.
Item 1st. It is my will that my doctor bill and funeral expenses first be paid out of my personal estate and if that is not sufficient the balance out of my real estate.
Item 2nd. I desire that my Executor expend out of my estate the sum of Fifty ($50.00) dollars for masses for the repose of my soul.
Item 3rd. I give and bequeath to my grand Son Joseph William Hecht and grand daughter Anna Margaret Hecht for whom I stood Godmother one hundred dollars each and to be paid to them when of age they being children of Henry and Joseph Hecht my sons.
Item 4th. I desire that my Executor pay out of my estate Fifty ($50) Dollars to Elizabeth Hospital.
Item 5th. It is my further wish and desire that he pay out of my estate $50.00 to St Mary’s Church of Dayton Ohio.
Item 6th. It is my will that after all my expenses and debts of whatever kind are paid the balance to be equally divided between my two sons Joseph and Henry Hecht.
Item 7th. I do hereby nominate and appoint Henry Hecht my son Executor of this my last Will and Testament hereby authorizing and empowering him to compromise adjust release and discharge in such manner as he may deem proper the debts and claims due me. I do also authorize and empower him if it shall become necessary in order to pay my debts to sell by private or in such manner upon such time of credit or otherwise as he may think proper all or any part of my real estate and deeds to purchases to execute acknowledge and deliver in fee simple. I do request that Court not to require my said executor to give bond and that there be no appraisement of any personal and real estate and that the Court of Probate direct the omission of the same in pursuance of the statute. In testimony whereof I have hereunto set my hand and seal this 21 day of October 1881. Margaret Hecht.
Signed and acknowledged the said Margaret Hecht as her last Will and Testament in our presence and signed by us in her presence and in the presence of each other and at her request on the day last aforesaid. Peter J. Schommer. Joseph Unger.
Afterward to wit Personally appeared in open Court Joseph Unger and Peter J. Schommer the subscribing witness to the last Will and Testament of Margaret Hecht deceased who has duly sworn according to law to speak the truth the whole truth and nothing but the truth in relation to the execution of said Will and Testament of Margaret Hecht now deceased is the will of said decedent that they were present at the making of said Will and at the request of the Testator subscribed their names to the same as witnesses in her presence of each other that they saw the said Margaret Hecht deceased sign and seal said Will and heard her acknowledge the same to be her last Will and Testament that the said Margaret Hecht at the time of making signing and sealing said Will was of legal age and of sound and disposing mind and memory and under no undue or unlawful restraint whatsoever as they verily believe. Joseph Unger. Peter J. Schommer. Sworn to and subscribed in open Court this 28th day of February A.D. 1882.
Afterwards to wit on the 28th day of February A.D. 1882 This day a paper purporting to be the last Will and Testament of Margaret Hecht deceased was presented herein for probate all of the next of kin to said decease being in open Court the testimony of Joseph Unger and Peter J. Schommer the subscribing witnesses to said will was taken in open Court and reduced to writing and the Court being satisfied from said testimony that the said Margaret Hecht now deceased was at the time of the execution of said Will of legal age and of sound and deposing mind and memory and under no undue or unlawful restraint whatsoever. It is therefore ordered by the Court that said last Will and Testament be and the same is hereby admitted to probate and with said testimony ordered to be recorded thereupon same Henry Hecht the executor named in said Will and in open Court accepted of said trust no Record under said Will being required Joseph Unger George Michele and George Schummer appointed appraisers."
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