Appeal of

Last Will & Testament of Michael Hess

Transcribed by Steven Matthew Hahn, 8 April 2009

 

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In the matter of the will of Michael Hess decd.

 

Appeal by Simon & John Hess two of the heirs at law of Michael Hess admitting the writing to probate as the last will and testament of Michael Hess decd. heard in the Registers court of Lebanon county before the Register and the judges of said county Feby 10. 1862.

 

On behalf of the appelants is called Ephraim Shuey Esq. who being duly sworn did difuse as follows. I drew this will. Mr. Kneasel came for me to go to the house of the decedent to write it. was some time in last harvest. I went there the same day. I met Mrs. Hess the wife of the deceased when I came to the house. she took me in where the old man lay in bed they got a table put it beside the bed to write on. Mrs. Hess told Kneasel to go out of the room he and the wife went out. Old Mr. Hess told me how he wanted his will written & I wrote it. He told me in German. I made a memorandum when he told me. I have not got it now. searched for but could not find it. From that mem & what he told me from time to time I wrote it there in his presence. I asked him from the memorandum from time to time to see if he would come on the same story he had told before. In that way I wrote the will. I did not read or explain it to him after it was written. I did not read the memorandum to him. he signed it after it was written in my presence without being read or explained. Elliott & Bender were not in the room when I wrote the will. they were called in to witness it after I finished writing. I saw them sign as witnesses done in presence of Michael Hess. After the will was finished, executed & witnessed Mr. Hess told me to give it to his wife which I did. I did not read it over to him because he was so hard of hearing. I wrote the name of Michael Hess & he made the mark to it in my presence. He requested me to write his name, his hand trembled. He did not read the will. I think he could not read English. I wrote the will in English he told it to me in German my memorandum was made in English I do not write German but understand it well, & speak it. I was present during the whole time until the will was executed & I handed it to his wife. I took down truly what Hess directed & all that he directed to the best of my knowledge. I told him I had it down the way he told me and then he requested me to write his name & executed it by making his mark. The men were called in to witness it & were present when he made his mark. Cross examined. I supposed from the testator sending Kneasel out that he did not want it known what disposition he had made of his property & if I had read it loud enough for him to hear all the others in the adjoining room would have heard. this was the motive which influenced me. It (the will) was neither read nor explained to Hess after I wrote it down till executed as before stated & handed over to his wife as he requested. she was in another room at the time. I wrote nothing different from what the decedent told me and all that he told me. Reexamined. I had no form book but had the copy of Christian Shueys will to Retain the heading & conclusion.

 

David Elliott ???. I am one of the subscribing witnesses to the will of Michael Hess here produced I cannot recount who called me into the room but I was called in. the paper then lay on a small table squire Shuey asked Michael Hess if this was his last will & testament. He got up in bed & answered in German yes. Squire Shuey asked if he could write his name. he replied he could not was too trembling. he told the Squire to put down his name. the name was written. I turned the paper toward Mr. Hess & he put his mark to it. I then signed my name as a witness. Shuey requested me. then Cyrus Bender signed as a witness. Squire Shuey requested him to do it. I did not hear the will read or explained to Mr. Hess. it was not done in my presence & I remained until the will was handed over to the wife of the testator. Examined. No one sent for me. I was there on other business. was told Shuey was writing the old mans will. Squire Shuey requested me to wait a few minutes to witness the will. I know the appelants are sons of the deceased.

 

It is now concluded that Cyrus Bender the then subscribing witness was working at the house and will prove the same facts in the same way as testified to by the last witness.

 

E. B. Salen Esquire. ???. The deceased was very hard of hearing & it was difficult to communicate with him.

 

The paper in evidence as identified by Squire Shuey & the subscribing witnesses.