Originally dated May 10, 1871, and presented to Probate Court April 12, 1876
It appearing to the court, that on the twelfth day of April A. D. 1876, the last Will and Testament of Christoph Von Nida, deceased, was duly admitted to Probate and Record in the Probate Court of Hamilton County, Ohio, and that the original record of said Will, and the Probate thereof upon the record and journal of said court were destroyed in the burning of the Court House on March 29th, A.D. 1884, but that the original Will and the testimony of the witnesses thereto were preserved. It is now ordered by the court on it's own motion that the record of said Will, and Probate thereof, be and the same is hereby restored from said original Will, and testimony as provided by statute, in the words and figures following to wit:
Pleas at the Court House in Cincinnati, in the County of Hamilton, State of Ohio, of the Hamilton Probate Court, at a session thereof held at the place aforesaid on the twelfth day of April in the year of our Lord one thousand eight hundred and seventy six, before the Honorable Isaac B. Matson, sole Judge of said court, The State of Ohio, Hamilton County, S. S,. Probate Court.
Be it remembered, that on the day and year aforesaid, the last Will and Testament of Christ Von Nida, late of this county, deceased, was this day duly presented to the court for Probate and Record, clothed in the words and figures to wit:
In the name of God, Amen, I, the undersigned, Christoph Von Nida of Colerain Township, Hamilton County, and State of Ohio, of sound and disposing mind and memory, being conscious of the uncertainty of life, do make and publish this my last Will and Testament.
1st -- It is my will that all my just debts be paid out of my estate.
2 -- I give, devise, and bequeath to my beloved wife, Anna Margaretha Von Nida, in lien of her dower and first year's allowance, all the real personal and mixed property I may die possessed of and be entitled to, wherever the same may be situated to have and to hold the same during her life.
3 -- I give,, devise, and bequeath to my son, Christoph Von Nida, all the personal, mixed and real estate which is left after the death of my said wife, Anna Margaretha, to have and to hold the same forever, subject, however, to the payment of my debts, and the debts my said wife may incur,. and further subject to the payment of the following legacies. viz
4 -- I give and bequeath to Margaretha Eberling and Ludwig Eberling, the children of my daughter, Eva Catherina Russ, formerly Eberling, five hundred dollars ($500.00) each, to be paid to them by my said son in annual installments of one hundred dollars each, the first payment to be made one year after the death of my said wife, and to be continued yearly until each of them, the said Margeretha Eberling and Ludwig Eberling, has been paid five hundred dollars.
5 -- It is my express wish and Will that my daughter, Eva Catherina, the mother of said Margaretha and Ludwig Eberling, shall not receive anything whatever of my estate, she having been a bad and disobedient child, and has conducted herself without any regard and love for her mother, my said wife, and myself, and I therefore disinherit her absolutley.
6 -- In case my said wife dies before me, I give and devise and bequeath to my son, Christoph Von Nida, subject to the payment of all my just debts, and the legacies named in item four, of this my last Will and Testament, all my personal and mixed real estate, to have and to hold the same forever.
7 -- I do hereby nominate and appoint my said son, Christoph Von Nida, Executor of this my last Will and Testament. I do hereby revoke all former Wills by me made, in testimony whereof I have hereunto set my hand and seal this May 10, 1871 at Cincinnati, Ohio.
Christoph Von Nida (his seal)
Signed, sealed and acknowledged by Christoph Von Nida as his last Will and Testament in our presence, and signed by us as witnesses in his presence at his request, and in the presence of each other.
George Lindemann
C. E. LaMotte
Thereupon on the day and year aforesaid, C. E. LaMotte and George Lindemann, the subscribing witnesses to the last Will and Testament of Christoph VonNida, late of this county deceased, personally appeared in open court, and were sworn and examined according to law, and their testimony therein was reduced to writing and filed in manner and form to wit The State of Ohio, Hamilton County, S. S. Hamilton Probate Court. Probate of the last Will of Christoph Von Nida, deceased, presented on the 12th day of April, A. D., 1876, personally appeared in open court, C. E. LaMotte and G. Lindemann, the subscribing witnesses of the last Will and Testament of Christoph Von Nida, 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 they were present at the making of said Will, and at the request of the deceased, subscribed their names to said Will as witnesses in the presence of the deceased, and of each other; that they saw the said Christoph Von Nida, deceased, sign and seal said Will, and heard him acknowledge the same to be his last Will and Testament; that the said Christoph Von Nida was at the time of making, signing, and sealing of said will of legal age, of sound and disposing mind and memory and under no undue or unlawful restraint whatsoever.
C. E. LaMotte, G. Lindemann, sworn to and subscribed in open court this 12th day of April, A. D., 1876.
Isaac B. Matson, Probate Judge
Thereupon on the same day, our said court made an order herein as follows to wit:
In regard to last Will and Testament of Christoph Von Nida, deceased.
The last Will and Testament of Christoph Von Nida, date of this county deceased, was this day presented to the court for Probate and Record. Whereupon C. E. LaMotte and G. Lindemann, subscribing witnesses to said Will of decedent appeared in open court and were duly sworn and examined according to law and their testamony therein was reduced to writing and filed. It appearing to the court from the testimony so taken that the said Will was duly executed and attested and that the testator at the time of executing the same was of full age, sound mind and memory, and not under any restraint, the court now admits said Will to Probate, and orders the same together with the testimony so taken to be recorded according to the statute in such cases made and provided. And it is further ordered by the court that the said Will, and the Probate thereof, be re-recorded and the same is now done, and that said record have the same force and effect as said original record.
Isaac B. Matson
Probate Judge
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