Friday, April 4, 2014

Harshbarger line: Daniel Kemery will

When I started reviewing all the "deeds" that I collected at the Whitley County Recorder's office a few weeks ago, I realized that one of these was actually a will.  Daniel Kemery was born about 1811 in Pennsylvania (per 1850 census records) and died before September 12,  1877 in Whitley County, Indiana.  After his first wife, Susannah Essig died, Daniel married Barbara Long Buchtel, who was the mother in law to his son Adam.  They were married on June 13, 1872, in Whitley County, Indiana.  The will was filed April 12, 1878, with acknowledgements by Isaiah B McDonald that he had witnessed the will, signed December 14th, 1876. The acknowledgement was made on September 12, 1877, so Daniel would likely have died during the preceding 30 days or so.  G. W. Hollinger was the other witness to the will.  Here is the will:

In The name of God I Daniel Kemery of Whitley County - State of Indiana being of sound mind and memory and knowing the certainty of Death I do make and declare the following to be my last Will and Testament hereby and herein revoking any and all former wills by me heretofore made.  Item first-I give my soul to God who made it. Item second It is my will that after my death all my proper funeral expense shall be promptly paid and all my just and legal debts be paid.  Item Third After the payment of my funeral expenses and debts It my will that all my property both personal and Real shall go to my beloved wife Barbary Kemery to be her own absolute property in fee simple.  I therefore will and bequeath to her the undivided third (1/3) Part of the following Real Estate in Whitley County and State of Indiana to wit The West half of the South west quuarter of section No sixteen (16) Township No Thirty one (31) north Range No nine (9) East the whole tract being and containing sixty three (63) acres the same more or less  The same the said one third 1/3 of the above described tract to [not sure of word] in fee simple to the said Barbary Kemery for her own use thereof and control the same as though it were conveyed by Deed  That the balance of said land belongs to my children and heirs at law of my late deceased wife Susannah Kemery to wit a minor child of my daughter Harriet Cox Mary Ann Mosher Lydia Kemery Amanda Jones Alexander Kemery Daniel Kemery Alfred Kemery Solomon Kemery. Alexander Kemery Adam Kemery and John Kemery and at my death my said wife Barbary Kemery shall pay or cause to be paid all my funeral expenses and debts as in Item second specified and in case she shall pay the same in a reasonable time no letters of Administration shall issue to any one in my estate.  Witness my hand and seal this the 14th day of December AD 1876.

Daniel (his mark) Kemery       (Seal)

Signed, sealed and declared by Daniel Kemery to be his last will and testament in our presence and that we have signed the same as witnesses at his request in his presence and in the presence of each other this Dec 14 1876.

Isaiah B McDaniel
G W Hollinger

There is following this the statement by Isaiah B McDaniel that he saw the signing of the will of Daniel Kemery on December 14, 1876, etc, so signed by James Krider, Clerk, and then certified by James Krider, Clerk, Whitley Circuit Court, dated 12th day of September, 1877.

I have tried to type this as it is written, with very little punctuation. The will seems to be contradictory to me in that Daniel appears to have given Barbary everything, and then seems to be giving her just 1/3 of the land he had, dividing the rest up among his grand children.  Perhaps I should look for a court case about this.  The land was in Columbia Township, on the northwest side of the Beaver Reserve, and adjoining railroad tracks that may be the old Nickel Plate RR.  It is believed that first wife Susannah and several of the children are buried on land there, and it may be that Daniel is buried there also.  It seems that this may be part of the area known as "Hell's Half Acre", an area alleged to be unsafe for travelers for many years.  Daniel was in Whitley County by 1850 and may be the Daniel Kemery in the 1840 census in Hempfield Township, Westmoreland County, Pa. 

Here is the line of descent:

Daniel Kemery-Susannah Essig
Adam Kemery-Fannie Buchtel
Della Kemery-William Withers
Goldie Withers-Grover Harshbarger
Cleveland Harshbarger-Mary Margaret Beeks
children, grandchildren, great grandchildren