In the name of our Heavenly Father, I Samuel D. Edgar of the County of Montgomery and the State of Ohio, do make and publish this my last will and testament; revoking all former wills by me made.

Item First: I direct that my just debts (which will be found to be few in number and small in amount), funeral expenses and costs of administration be paid out of my general estate.

Item Second: I give and devise to my daughter Margaret Herrman for her whole and separate use, for and during her life, and after her death to her children equally, lot numbered five in the plat of my lands in and adjoining the city of Dayton, in said county, which I have caused to be made and attached hereto and so made a part of my will; said lot fronting 14 ^1/2 rods on Wayne Street and containing three ^08/100 acres, together with all the buildings and improvements thereon. I desire to secure, beyond any contingency, a comfortable home for each of my children, for which reason I direct the homestead here given, be not sold during the lifetime of Margaret, and on her death, pass to her children.

For a like reason, in securing to each of my children the sure means of a reasonable support, I direct that my executors herein after named, so soon after my death as they can conveniently do so, pay to my daughter Margaret one thousand dollars and each and every year thereafter until the final settlement of my estate five hundred dollars and also one third of the clear rents and profits of my real estate and one third of the interest and income on my money not herein specifically devised or otherwise provided for until the final settlement of my estate.

Item Third: I have heretofore conveyed to Marianna Gebhart, my daughter, as an advancement to her, lot numbered four on the plat of my lands hereto attached containing 3 ^08/100 acres and aided them in erecting the buildings thereon and estimating the value of the lot and so given, I consider them equal in amount to the homes herein given to my other two children. As I cannot now modify the conveyance already made, I can only leave the earnest expression of my desire that this home be not sold, but also remain to be used and enjoyed by Marianna so long as she shall live. For like reasons as given in the case of Margaret, I direct my executors, so soon as convenient after my death, to pay to Marianna Gebhart one thousand dollars and each and every year thereafter the sum of five hundred dollars and also one equal third share of the clear rents and profits of my land and one equal third of the interest and income on my money not herein specifically devised or otherwise provided for in this will. The said annuities to continue until the final settlement of my estate.

Item Fourth: I give and devise to my son Charles Edgar, for and during his natural life and after his death to his children equally, lot numbered eight on the plat of lands hereto attached fronting 38 rods on Wayne Street and containing seven acres together with the improvements thereon. For the reason given in item second and for the further reason that this is my homestead, I desire that it be not sold but held and enjoyed by Charles during his lifetime and after his death pass to his children. I also give to Charles the use of lots numbered eight, nine and eleven on said plat and desire that when he arrive at the age of thirty years, my executors convey to him said lots in consideration of my love and affection for him as my only son. And as I had not advanced to Charles so much for his education and maintenance as to my daughters and as I have not advanced him anything in the way of furniture, piano or money, having given $4000 to each of my daughters in that way, I hereby give him the interest and income on the sum of fourteen thousand dollars until he arrives at the age of forty years, when I direct that my executors pay him the principle. I will if life is spared me, myself invest this amount for said purpose, but should I fail to do so I direct and authorize my executors to do so in such a way as they shall deem safest and best. Should Charles desire to go into business before he arrives at said age of forty- I authorize my executors if they shall deem the same practicable to advance him the sum of four thousand dollars out of the said sum of fourteen thousand dollars for said purpose, but I rejoin upon them that they retain the remaining $10,000 as I have above directed. In addition to these special devises, I direct that my executors pay Charles, as soon as convenient after my death, the sum of one thousand dollars and each and every year thereafter the further sum of five hundred dollars and also one third of the clear rents and profits of my land and one third of the interest and income on my money not herein otherwise provided for or specifically devised until the final settlement of my estate.

Item Fifth: I give and bequeath to my son Charles, my watch and family clock and all the rest and residue of my furniture I give to my three children Margaret, Marianna and Charles, share and share alike.

Item Sixth: I desire that my executors hold and rent the remainder of my real estate not herein devised without opening the streets or lots on the plat hereto attached and after payment of taxes, repairs and other expenses, divide the proceeds as herein above specified until such time as my executors and children shall agree that it is for the best interest of my estate that the lands, or any portion of them, be sold, when the same may be sold by my executors at public or private sale and in such terms of payment as they deem best. The plat attached to this will indicates how I think the land ought to be laid out, but if with the further spread of the city in that direction, a new plat be more advantageous to my estate I authorize my executors to make it so that such replatting shall not injuriously affect the devises herein made. I direct that the proceeds of such sales, after payment of expenses and, if necessary of special legacies herein provided, be invested by my executors in other lands or United States Bonds or mortgage security. In which the latter case, I desire that the money be loaned only in cases where the first mortgage is obtained and then for an amount no greater than one half the value of the land without buildings.

Item Seventh: I direct that in each case where money is to be paid under this will by my executors to my daughters, the money be paid directly to my daughters for their sole and separate use and their individual receipts taken therefore, the same as if they were not married.

Item Eighth: As I have purchased a large family lot in Woodland Cemetery, improved it and erected thereon a costly monument, I desire that I and my children be buried thereon. I shall place a sufficient sum of money in the hands of the cemetery association, the interest of which shall always be used for keeping the lot in good repair. And to avoid any misunderstanding in the future, I have platted the lot into three parts and I attach the plat hereto as part of my will and give lot marked N^o 1 to Charles, N^o 2 to Margaret and N^o 3 to Marianna.

Item Ninth: I have heretofore given a lot of land to my brother John F. Edgar and I desire to aid him to the amount of two thousand dollars in building him a home thereon. I shall, if life is spared me, advance this amount in my lifetime, but if I fail to do so, I desire my executors as soon as the amount can conveniently be taken out of my general assets, to pay him the said sum of two thousand dollars.

Item Tenth: I direct and will that twenty years after my death, my estate be fully settled up by a sale of all my real estate left unsold and the conversion of all my personal effects into money and that after the payment of all costs and expenses, the balance of the money be equally divided between my three children Margaret, Marianna and Charles, share and share alike. In case of the death of either of my children, with issue, the share that would have been due to the parent shall be paid to his or her child or children and in case either of them die without issue, the share that is herein provided shall go to her brother and sister or to his two sisters equally. And in case either of my children die before the final settlement of my estate, leaving minor children, the money herein bequeathed to such child shall be held in trust by my executors for his or her child or children, using so much of the money as may be needed for the maintenance and education of such child or children and investing the remainder for the use and benefit of the same until majority.

Item Eleventh: I nominate and appoint my brother John F. Edgar and my friend Lewis B. Gunkel the executors of this my last will and testament and the trustees of the several trusts herein and hereby created, desiring that they give either bond or security as such executor or trustee and directing the probate judge that neither be required of them and authorizing them and empowering them after my death to take possession of my entire estate and carry out, as best they can and by such means as they deem expedient, the directions and wishes herein by me expressed. In case of the death or resignation of my executors, I desire the probate court on the nomination of my three children to appoint their successors, in which case, I desire the appointees to give bond as required by law but in the case of the death or resignation of one of them, I desire the other to continue as my sole executor and trustee. I give my executors full power and authority to sell any and all of my securities of every kind whenever they shall deem the same necessary to pay the legacies or annuities herein provided for, or whenever they shall consider it advantageous to my estate to change them and to reinvest as I have herein before directed. I also give them full power and authority to sell any or all of my real estate not specifically devised, including my lands in Johnson County, Kansas, when any of the contingencies herein before named shall arise, or when the same shall become necessary to pay legacies or annuities or when they and my children shall deem it best for my estate and to make, execute and deliver therefore, sufficient deeds of conveyance of said real estate in fee simple without an order of the probate court or any legal proceeding whatever, the same and as fully and sufficiently as I could have done myself in my lifetime.

Item Twelfth: The estate which I am happily privileged to leave my children is the result, under a kind of providence of industry, economy and steady habits, and I earnestly commend these qualities to my children as the proper means of preserving what I have thus created. And during a long life, involving many large money transactions, I have managed to keep out of law- never having had a single case in court- and I solemnly enjoin upon my children that they follow my example in this respect and do not squander the money I have saved for them by litigation, but that they strive to settle all differences in an amicable, conciliatory spirit and in a manner becoming of brothers and sisters.

March 14, 1871

Whereas I Samuel D. Edgar of the County of Montgomery and State of Ohio did on the fourteenth day of March AD 1871 make my last will and testament and execute the same in the presence of J.D. Loomis and A.S. Estabrook; I do hereby make and declare the following to be a codicil to my said will:

Desiring to help my children secure homes, I conveyed to my son-in-law, Ezra Herrman, on his agreement to build thereon a dwelling house worth $9000.00 for himself and family, a tract of land off my farm, containing 9 ^54/100 acres. This conveyance was made on 20th March, 1865, but as he failed for near five years to build the house, by an amicable arrangement the said tract was, on the first of April, 1870 re-conveyed by the said Ezra and Margaret Herrman to me and, in lieu thereof, I built them a good dwelling house on a lot numbered five on my plat attached to my said will, containing 3 ^08/100 acres and have offered them the free use of the same during my lifetime and given the fee thereof, by said will to my said daughter Margaret Herrman and her children. But as the said Ezra Herrman now refuses to occupy said premises and threatens that after my death, he will seek by suit at law to recover said 9 ^54/100 acre tract or the $9000, the nominal consideration of said deed. I hereby will and direct, that in case he and my daughter, or either of them, commence any suit therefore, that all the costs, fees and expenses incurred by my executors or my other children in defending the same, shall be deducted from the share of my estate in my said will given to my daughter Margaret Herrman and her children: and should he or they by any possible means, recover from my estate any of the said land or money, I hereby expressly direct and will that such money or the value of such land be deducted, in like manner, from the share or legacy given in my said will to Margaret Herrman and her children.

August 21, 1871

Whereas I Samuel D. Edgar of Montgomery county Ohio did on the fourteenth day of March AD 1871 make my last will and testament and on the twenty first day of August AD 1871 make the within codicil to the said will. Now therefore I Samuel D. Edgar do make and publish this further codicil to my said will:

Yielding to the importunities of my daughter Margaret and her husband, I have this day conveyed to Margaret Herrman three ^08/100 acres of land off my home farm and being a part of the 9 ^54/100 acres referred to in my said will and the within codicil, and I therefore hereby so far modify my will and first codicil as to conform to said fact. In making this conveyance, I merely in so much anticipate the devise in my will, and I wish the will and codicil to remain in full force and effect in law so far as they affect the remainder of said 9 ^54/100 tract and in all other respects whatsoever.

September 23, 1871

Whereas I Samuel D. Edgar of the county of Montgomery and State of Ohio, did on the 14th day of March AD 1871 make my last will and testament and executed the same in presence of J.D. Loomis and A.S. Estabrook and on the 21st day of August AD 1871 a codicil thereto and executed the said codicil in the presence of Edward L. Rowe and Elbert O. Farrar and did on the (23rd) twenty third day of September AD 1871 make another codicil to said will and executed the same in the presence of E.O. Farrar and Patrick H. Gunkel. Now therefore I Samuel D. Edgar do make and publish this further codicil to my said last will and testament:

Having aided and assisted my brother John F. Edgar all I desire to, since the execution of my said last will and testament, I hereby cancel and declare for naught said entire "item ninth" (9th) in my said last will and testament.

September 10, 1874