JOHN KAIL (b. May 22, 1756, d. April 06, 1821)
JOHN KAIL (son of HANS GERG KOHL and ANNA CHRISTIAN ELIZABETH WAGONER) was born May 22, 1756 in Stouchburg, Berk County. Pa., and died April 06, 1821 in German Township, Harrison County, Ohio. He married CATHARINE ROUCH on 1774, daughter of FREDERICK ROUCH and CATHERINE.

Notes for JOHN KAIL:

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Harrison County Will Book A - page 74- 76 - March 31, 1821

JOHN KAIL'S WILL

In the name of God Amen, I JOHN KAIL of the County of Harrison and State of Ohio being weak in body but of sound mind, memory and understanding, Blessed be Almighty God for the same, calling to mind the mortality of the body and knowing that it appointed for all men once to die, do make and publish this my last Will and Testament.

First of all I recommend my soul into the Hands of Almighty God who gave it and my body to the earth to be buried in a decent Christian like manner at the discretion of my Executors hereafter named, And touching such World estate as it has pleased God to bless me in this life I dispose of the same in the following manner viz:

First , I direct and allow all my lawful debts and funeral expenses to be paid.

Secondly, I will and bequeath to my beloved wife Catherine Kail, one bed and bedding also one cow and all the dresser furniture of every description. I also will and bequeath to my beloved wife the one third of my real estate during her natural life. I direct that all my property both real and personal ( excepting that part of my personal property already willed to my wife) to be sold within one year after my decease, and that the monies arising from such sale to be divided into three equal shares, Two of which shares shall be divided equally between my five sons, viz : Henry Kail , George Kail , John Kail , Jacob Kail and Frederick Kail. Share and share alike. __ And one share to be divided between my five daughters to wit : Betsy Fisher , Polly Arnold , Peggy Kail , Nancy Kail , Anny Kail. Share and share alike.

It is my will that if my Executors cannot sell my real estate within one year without making a sacrifice that they do not sell the same in less time than two years, this shall be discretionary with my Executors. If it should not be sold in less than two years then and in that case I allow my son Frederick Kail to occupy and enjoy it until it is sold, he assisting out of the proceeds of the same to support the family should they stay together and apply their time to the support of the family.

Lastly, I constitute and appoint my two sons Henry Kail and Jacob Kail sole executors of this my last Will and Testament, hereby revoking and disallowing all former Wills by me made, declaring this and no other to be my last Will and Testament.

In Testimony whereof I have hereunto set my hand and seal this thirty first day of March in the year of our Lord one thousand eight hundred and twenty one.

JOHN ( his x mark ) KAIL (seal)

Signed, sealed, published and declared by the said John Kail to be his last Will and Testament in the presence of us who in the presence of the Testator have subscribed our names hereunto as Witnesses :

John Zollars Solomon Arnold

State of Ohio Harrison County }SS
At a Special Court of Common Pleas began and held at Cadiz in said County on the ninth day of May in the year of our Lord one thousand eight hundred and twenty one personally appeared in open Court, John Zollars and Solomn Arnold, the Subscribing Witnesses to the forgoing last Will and Testament of John Kail, Deceased, and upon their solemn Oaths did declare that they were present when the Testator John Kail signed and acknowledged the forgoing Will and that they saw him sign and seal the same, and heard him pronounce and declare the same to be his last Will and Testament, and that they believed the Testator to be of sound mind, memory and judgement at the time of so doing.

Attest William Tingley, Clerk

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Common Pleas Book C - July Term, 1826 - Page 78

Final Account of Execution of John Kail, Deceased

Henry and Jacob Kail, Executors of the will have already distributed to persons entitled to distribution :

On June 20, 1826

Henry, George, John, Jacob and Frederick Kail to each one $55.00
James Fisher & wife - $27.50
David Arnold & wife, $27.50
Margaret Kent, Nancy Kail, Ann Kail - $27.50

$131.28 1/2 of Widow's part, payable 6 months after her death.

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DEED - Book C - page 169 - December 19, 1820 - John & Catherine Kail to John Kail Jr. & Jacob Kail
NE qrt Sec 24 - Twp. 10 - Range 4 -- $400.00
100 acres - German Twp.

DEED - Book E- page 3 - October 31, 1829 - Executors Henry & Jacob Kail to William Cummingham
New Rumley Town Lots # 48 & 49 $20.00

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Ohio Valley Genealogies by Charles Hanna - Pub. 1968 - Page 69

JOHN KAIL, born in PA. about 1775, son of John Kail ; died March 1821 ; settled in German Twp. Harrison Co., OH 1800. married CATHERINE ROUCH, born Abt 1775 in PA. ; had issue:
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Zion Cemetery at Germano, Ohio by Ethel Sheaver Moore, 1998

Between the years of 1802 - 1805 several German families settled on farm lands a few miles east of what is now Germano. In 1805 pastor Johannes Strauch visited the families and organized them into a congregation. The first church was a log cabin built on a two acre tract of land donated by Christopher Schable. Part of the acreage was set aside for the cemetery, The congregation was made up of both Lutheran and German reformed members and they adopted their first constitution in 1824.

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Pioneers In German Township, Harrison County, Ohio - before 1814

Jacob Kail before 1806, from Pennsylvania
John Kail before 1810, from Pennsylvania

(Also their brother, Peter Kail, who is buried in New Rumley,
Evangelical Lutheran Cemetery - Row 16, places 11,12, 13 - square stones marked K or Kail.

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The four Kail brothers , John, Peter, Jacob and George, sold their farm land in Virginia for $5.00 per acre and moved to Ohio where the farm land was selling for $2.50 per acre. George Kail lived in Union Township, Tuscarawas County, Ohio. He is listed as one of the earliest settlers by Henry Hagloch in his book " The History Of Tuscarawas Co. OH. to 1956" - page 208. John and Peter and Jacob, in Harrison County, Ohio.

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John Kail -- 1810 tax list - Jefferson County - 235 acres.

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COMMON PLEAS JOURNAL BOOK A --- November Term 1814 -- Page 28

PETER KAIL - VS - JOHN KAIL

Action of Debt -- This day came the Parties by their Attorneys and by agreement that this cause and all other matters and things in dispute between the parties be determined through arbitrament to find determination and award of Morris Albaugh , Jacob Meyers , David Welch and James Queen, with power in case of a division to choose as fifth man who shall meet on three days notice at the house of William L. Miffindish in Green Township before the next Court and settle all matters and disputes between the parties on whose award or that of a majority of then judgement to be expended as of the next term of Court.

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COMMON PLEAS JOURNAL -- A -- March Term 1815 -- Page 37

Jermiah Burris - VS - William Shepherd -- Action of trespass on case.

Jury of the County called - JOHN KAIL was on the Jury.
William Shepherd was ordered to pay $40.00 damages , plus Court costs.

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COMMON PLEAS JOURNAL -- A --- March Term 1815 --- Page 41

PETER KAIL - VS - JOHN KAIL

The Award unmade up on this lease was returned into Court where upon it is considered by the Court John Kail pay Peter Kail the sum of $66.66

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COMMON PLEAS JOURNAL -- A -- April Term 1815 -- Page 93 (Sat. April 1st, 1815 at 10:00 am)

Peter Ferrel - VS - Elijah Lacey and Dennis West - Summons of Trespass

Found for Plaintiff but no damage rewarded, Defendants to pay Court costs.
JOHN KAIL was on the Jury.

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COMMON PLEAS JOURNAL -- A -- March Term 1818 -- Page 38

Indictment of Assault and Battery with Intent to Murder
State of Ohio - VS - William Hall
He was found guilty. -- JOHN KAIL was on the Jury.

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COMMON PLEAS JOURNAL -- A -- March Term 1818 -- Page 40

Indictment of Larceny
State of Ohio - VS - George Jeffers
He was found not guilty. JOHN KAIL was on the Jury.

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COMMON PLEAS JOURNAL -- A -- March Term 1818 -- Page 41

Indictment of Assault and Battery
State of Ohio - VS - John Ford
He was found guilty, ordered to pay $5.00 fine, plus Court costs. JOHN KAIL was on the Jury.