The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1898-01-28
PRETTY WILL MUDDLB.
Drawn by a Clergyman,
Mr.. Lohse's Testament
Defeats Itself.
BENEFlcIARIEs AS WITNESSES
A Case Which illustrates the Maxim
of ''Every Man to His
Own Trade"
BENEFloIARIEs As WITNESSES

The will of Nicolaus Lohse, Wealthy
grocer who died on December 26, at his
home, No 104 Wayne street, was offered
for probate in the Orphans Court this
morning. The document captures the
record for remarkable wills. 1t was drawn
by the Rev. Johannis C. ]. Petersen,
pastor of the German Evangelical
Lutheran Church in Wayne street This
was evidently the minister's first effort
at drawing a will and it powerfully Illus
trates the truth of the old adage, Every
man to his own trade This is the will:
In the name of God the Father, and the
Son and the Holy Ghost. Amen.
/. Nicholaus Lohse, in full power OF all
my mental faculties give, bequeath ana
devise all my property, be 1t personal or
real estate, or ready money, or by what
ever name it may be called. to my wife,
Gessene Lohse, nee Kohlmann, uncon-
ditionally and with this understanding,
that she shall be sole executrix of my
will and testament and sole guardian OF
my children.
This includes that my now wife shall
be authorized to pay all lawful bills out
standing and against me, but also to re-
ceive all outstanding bills, inheritances
and so oh, in the same way as if were
acting myself and living. She shall have
in all such matters the same claims and
authority as if l were living myself.
her will and testament that the property
is divided equally between our two chill
dren, i. e., Johann Christopher and
LeiSine Maria LohSe.
L further give devise and bequeath to
the German Evangelical Lutheran Church
in Wayne street, Jersey City, N. j., now
building, the note>of two thousand five
hundred dollars in my hands for presi-
dent of the now trustees and which was
intended for my person to hold as sec
ond mortgage.
Further, in case that my wife should
marry again, l give, bequeath and devise
property, by whatsoever name it may be
called, but the other half of my property
she shall keep as sole guardian till my
and her children, i. e.. Johann Christo-
pher Lohse, and Gessene Maria Lohse
shall be of age; then she shall consult
with them whether she shall pay them
each one their part or whether they want
to make other arrangements to their mu-
tual understanding and agreement.
Anyone who is not satisfied with this
my last will and testament, or who raises
objections or wants to dispute it in any
court of law shall be excluded from my
inheritance entirely.
Signed with my full mental power and
faculties son the twenty-third day of De-
cember, eighteen hundred and ninety
seven (23d December, 1890.
Jersey City, N. j.
NICOLAUS LOHSE.
Signed in the presence of
JOHANNIS C. /. PETERSEN,
GESSENE LOHSE,
JOHANN CHRISTOPHER LOHSE.
Mr. Lohs's estate is estimated to be
worth $4,000. He owned the large gro
cery store at Jersey avenue and Wayne
street and considerable valuable real es-
tate. 1t was his intention to make
legal will and a few months before his
death he called at the office of his coun-
sell Elijah S. Cowles. to consult with
him about it. Mr. Cowles said he was
ready to prepare the will at any time
and Mr. Lohse said he would return
in a few days and have the business
fixed up. That was the last time Mr..
Cowles saw him.
Mr. Lohse was taken i'll in December.
On the 2sd he was very low and the Rev.
Mr.. Peterson was sent for to attend to
his spiritual wants. Mr.. Lohse was a
trustee of the church of which Mr.. Pc
tersen is pastor. What occurred at that
visit was told by Mr.. Petersen on the
witness stand this morning.
81 heard his confession. said Mr.. Pc
Then I asked him if his heavenly affairs
were all attended to and he said yes.
How about your earthly affairs" | ask
ed him. Have you made your will?, He
said he had not and asked me to draw
it up for him and l did so. He told me
how he wanted to dispose of his prop
erty, and put IL IN Ine WILL MIS-. l<oliSe
and Johann, the boy, signed it at my
request, after I had read it to Mr..
Lohse Mr.. Lohse told me to be sure
and put in all the legal points and
said l would
Mrs Lohse testified that she signed the
paper in the dining room and not in the
presence of her husband. Her nus band
did not ask her to sign it. Johann also
testified that he signed the document in
the dining ROOM
The manner in which the will IS drawn
makes very complicated condition of
affairs, and if it should be sustained the
purpose of the testator to leave a share
of the estate to his wife and son is de-
feated. Under the law. witness to
will cannot be a beneficiary under it and
when Mr.. Petersen got Mrs. Lohse and
the boy to be witnesses he unconsciously
and unintentionally cut them off from all
share in the estate. If the will stands,
the girl, who is nine years old; will get the
entire estate except the $500 left to the
church. If the will is broken, the church
is shut out. If it can be proved that Mr
Lohse acknowledged the document as his
last will and testament, it cannot be up
set.
until next Friday and directed Mr.. Peter