1785 - 1857 (72 years)
||Henry Kraft |
||of, Waterloo Twp., Region of Waterloo, Ontario [1, 2]
||Henry Croft |
|Eby ID Number
||26 Sep 1857
||Waterloo Twp., Waterloo Region, Ontario, Canada [1, 2, 3]
||Weber Mennonite Biehn Drive Cemetery, Kitchener, Waterloo Region, Ontario, Canada
||4 Nov 2019 |
| ||1. Catherine Kraft, b. 1803, , USA , d. Normanby Twp., Grey Co., Ontario |
| ||2. George Kraft, b. Abt 1820, of, Waterloo Twp., Region of Waterloo, Ontario , d. Yes, date unknown|
||5 Nov 2019 |
||Group Sheet | Family Chart
- A-1-153 Henry Kraft Probate of the Will of Henry Kraft (proved in Solemn form) of the petition of Valentine Gildner of the Town of Berlin, Blacksmith, and Joseph S. Bowman of the Township of Wilmot, Yeoman, humbly sheweth: - that Henry Kraft, of the Township of Waterloo, departed this life on or about the twenty sixth day of September 1857…nominating and appointing your Petitioners, the above said Valentine Gildner and Joseph S. Bowman, the Executors…That the said Testator at the time of his death was not possessed of goods, chattels and credits to the amount of five pounds in two or more counties of the Province, or to that amount in any County other than the County of Waterloo. That the value of the goods, chattels and credits which the said Testator died possessed of, amounts to a sum over three hundred pounds and under four hundred pounds, to the best of our knowledge and belief. Therefore the prayer of your Petitioners is that the said Last Will and Testament be insinuated into the Registry of your Honorable Court and that Probate thereof be granted to them that the true intent and meaning thereof may be fully carried out, and to do as the law in such cases requires.
Dated 13th November 1857
Dated 13th November 1857
I Henry Kraft of the Township of Waterloo do make and ordain this my Last Will and Testament in manner and form following viz:- I give and bequeath to my son George the sum of twenty dollars. I give and bequeath to my daughter Catharine all my land containing about twenty two acres, more or less, joining the lands as follows: Gregory Weaber[sic] on the east side, Anton Wilhelm on the north side, Vincent Moyer and George Auger Junr of the west side, and A..D. Clemens on the south side. I also give to my daughter Catharine all the rest and residue of my estate…
Witnessed by Abraham D. Clemens and George Auger Jnr - his mark
Will dated 17th September 1857
January 1858 In the Surrogate Court in and for the County of Waterloo
In the matter of the will of Henry Kraft whose will is Subject to be proven in Solemn form. I Abraham Duustube[?] Clemens of the Township of Waterloo, Farmer, being one of the religious Society called Mennonites, do affirm and say that I was personally present and did see the above named Henry Kraft sign seal and execute the hereto annexed Last Will and Testament on the day the same bears date…the I am one of the subscribing witnesses thereto. That Anton Wilhelm of Waterloo, Farmer, and George Unger the youngter, of Waterloo, Farmer, are the other subscribing witnesses to said Will….I asked the deceased whist I was taking down his instruction for the Will if he wished Henry Krafts children to have anything, the deceased replied no, that his daughter Catharine should have his property, that she had the trouble of him
Dated 4th January 1858.
I Anton Wilhelm of the Township of Waterloo, Farmer, make oath and say that I was personally present and did see the above named Henry Kraft sign seal and execute the hereto annexed Last Will and Testament…A messenger came to my home for me to go to deceased house. I went and on reaching the house I found deceased in bed. He sat up in bed after I entered the room. I asked him what he wanted. He stated that he wished me to draw up some writings. I replied that I could not do it in English and suggested that Abraham D. Clemens should be sent for. Clemens was sent for. The deceased asked Clemens to draw his Will. I asked the deceased what he wished to be done with his property. He replied that I should do with it what I wished. I refused and said the property was not mine. Deceased then said that Katy should have it. I asked him about his son George. He said he supposed he was dead. I suggested that he might be still living. Deceased then said that he wished him to have twenty dollars. I then asked him about Henry Kraft's children, if they were to have anything. Deceased replied no, Katy shall get all. Clemens drew the will. It was read over to deceased before execution. He said it was right….The deceased knew what he was doing when he signed the Will….The Will was read over in English and also in German.
Dated January 1858
On cross examination, nothing eluded favourably to party opposing the Will and Probate.
[Statement from George Unger]…that at the time of signing the said deceased appeared to know what he was doing. Heard Testator say that his daughter Katy was to have all before the Will was signed by him after it was drawn. And before it was read to deceased was aware that he had property to dispose of and knew its nature. I have known deceased since I can remember anything. I think the deceased would not have done with his property as advised by any one contrary to his own wishes that he had a mind and will of his own. Deceased lived about a week after he signed the will.
Dated 4th January 1858
Evidence on the part of those who oppose the granting of Probate:
I John Allister Mackie of the Town of Berlin, Merchant, make oath and say that I have known the deceased Henry Kraft for the last past five years, have been well acquainted with him. He transacted business with me. My impression of the man's mind is that he was wholly unfit to transact business of any consequence \endash he would come into my store and ask for sugar. When it was offered to him he would shake his head and say it was not what he wanted. Various articled would then be named to him, which he would always say were the things until they were presented. When the article was shown him that he really wanted, he would take it & pay for it. Deceased would know a dollar or half-dollar when he saw it. He has childish, in all his movements. I don't think the deceased had a disposing or sound mind.
Dated 5th January 1858
I Daniel Shantz, Shoemaker of the Village of Bridgeport, make oath and say that I have known the deceased Henry Kraft for about twenty eight years. I have always been of the opinion that he was not of sound mind. I have never had any business transactions with him, nor have I ever seen him doing business so I have no seen him very frequently during the last four or five years.
Dated 5th January 1858
I, James Potter, of the Town of Berlin, Inn Keeper, make oath and say that I have known the deceased Henry Kraft for about twenty four years. I knew him intimately. I always considered him a crazy man. He would not put more value upon a five dollar bill than a one dollar bill. I think he could be made to believe anything that was said to him. He would get cross when he was teased. I don't think he was capable of doing business
Dated 5th January 1858
In the Surrogate Court…I do hereby pronounce and decree for the validity of said Will and Testament and order and direct that the said Will be received, approved and insinuated into the Registry of this Court, and the said executors be confirmed and established as the appointment as prayed for
Dated Berlin 5th January 1858 \endash signed by a. J. Peterson, Registrar and
Will of Henry Kraft:
Dated 17th September 1857
Proved and insinuated 5th January 1858
Died 26th September 1857
1aSurrogate Court Records Copybook Register A 1853-1871 transcript to 1863. Frances Hoffman transcriber. [in original is written "Henry Croft"]
- [S14] News - ON, Waterloo, Kitchener - Berlin Chronicle (1856-1860), 30 Sep 1857.
26 Sep 1857 In Waterloo Township, on the 26th instant, Mr. Henry Kraft, aged about 70 years
- [S136] Cemetery - ON, Waterloo, Kitchener - Weber Mennonite CC#5426 Internet Link.
In/ memory of/ Henry Croft/ Died/ Sept. 26, 1852/ AE 85 years/ [probates gives 26 Sep 1857]
- [S1737] Probate - Wills of Waterloo Register A 1853-1871, Probate papers of Henry Kraft - A-1-153 1857.
|Born - 1785 - of, Waterloo Twp., Region of Waterloo, Ontario
|Died - 26 Sep 1857 - Waterloo Twp., Waterloo Region, Ontario, Canada
|Buried - - Weber Mennonite Biehn Drive Cemetery, Kitchener, Waterloo Region, Ontario, Canada