Hartzell Documents
Will of Christopher Dibert
Signed, Sealed, published and declared by the above named Christopher Dibert to be his last Will and Testament in the presence of us who at his request and in his presence have subscribed our names as witnesses thereof:
Bedford County SS:
Personally appeared before the Register for the Probate of Wills in said County, Jacob D. Fetter, George Dibert, Wm S. Fluke subscribing witnesses to the foregoing instrument of writing who being duly Sworn according to Law do depose and say that they were present and Saw the Testator Christopher Dibert, sign his name to the same by making his mark and heard him pronounce and declare said instrument of writing to be his last Will and Testament that he desired them to sign their names as witnesses thereto and that at the time of so doing He the said Testator was of sound and disposing mind memory and understanding to the best of their knowledge and belief.
Sworn to and subscribed before me Nov. 17th A.D. 1865. O. E. Shannon, Regr.
Be it remembered that on the 17th Nov 1865 Letters Testamentary were issued to the Executor within named he having been duly sworn. O. E. Shannon, Regr.
Bedford County SS: Personally appeared before me the subscribed Register for the probate of wills and granting letters of administration in and for said County John Miller and John Dibert the subscribing witnesses to the within instrument in writing who being duly sworn do depose and say that they were present and heard and saw Frederick Dibert the testator sign by making his mark, seal publish and declare the within instrument in writing as and for his last will and testament that at the time of doing thereof the said testator was of sound and disposing mind memory and understanding according to the best of the deponents knowledge and belief. Sworn and Subscribed this 6th day of October A.D. 1818
Bedford County SS: Personally appeared before me the subscriber Register for the probate of Wills and granting letters of administration in and for said County John Tod and David Keefe the subscribing witnesses to the foregoing Will, who being duly sworn depose and say that they were personally present and heard and saw John Dibert the Testator make his mark to his name seal publish pronounce and declare the same as and for his last Will and Testament, that at the time of doing thereof The Testator was of sound and disposing mind memory and understanding to the best of their knowledge and belief and that they subscribed their names to the execution thereof. Sworn and subscribed this 4th day of June A.D. 1808.
Jacob (His X mark) Dibert
Bedford County Ss
Be it remembered that on the 20th day of May A.D. 1837 Letters Testamentary were issued to the Executrix in the foregoing will named she having first been sworn according to Law
Release of D???? & filed with the will Feby 28th 1840. J. B. Noble, Regr
ORPHANS COURT, 13 day of May 1783. Before Barnard Dougherty, William Proctor and John Cessna, Squires, Justices.
John Earnest a minor son of Adam Earnest, deceased, above the age of fourteen years, chose John Dibert of Bedford, yeoman, as Guardian. Jacob Earnest a minor son of Adam Earnst, above the age of fourteen chose Jacob Saylor, Esq. as Guardian.
Application of George Earnest and George Fink, administrators of Estate of Adam Earnest, deceased. Frederick Reicher of Township of Bedford, yeoman is appointed guardian to Henry and Michael Earnest, minor children of Adam Earnst.
Item 1. I do hereby will, devise and bequeath to my beloved wife the full one third part in value of all my property real and personal, that I may die seized of or in which I may have any interest at my death and whatever of said interest so willed to my said wife that she may die the owner of shall go to my sons, James Minnick, William Minnick and to Maggie Minnick the wife of my son Joel M. Minnick in equal parts or if my said sons William Minnick or James should die before my said wife their share under this clause of my will to go to their children or their descendents and if said Maggie Minnick, wife of my said son Joel M. Minnick should die then her share or interest under this clause of my will to go to her children by said Joel M. Minnick or to their descendents.
Item 2. To my sons, William Minnick and James Minnick I do hereby will, devise and bequeath the full two ninths part each in value of all my estate real and personal of which I may die seized wherever the same may be situate.
Item 3. To my son Joel M. Minnick and his wife Maggie Minnick as tenants by intirities I do hereby will, devise and bequeath the full two ninths part in value of all my estate, real and personal of which I may die seized wherever the same may be situate. They to have and to hold the same so long as they may live and to have the use rents and income of same so long as they both shall live and at their death all of said interest to go to their children or their descendants by their marriage.
Item 4. I do hereby nominate and appoint James Minnick as my Executor to carry out the terms and provisions of this my last will and testament.
Item 5. I do hereby revoke any and all wills heretofore made or executed by me.
In Witness whereof I hereunto set my hand this 24th day of February 1896.
Anthony Minnick
Executed by the testator in our presence by us as witnesses to the testator�s signature in his presence and by us in the presence of each other this 24th day of February 1896.
Witnesses. { William E. Foland
{ Henry C. Ryan
State of Indiana }
Subscribed and sworn to before me in witness of which I hereunto affix the seal of said court and subscribe my name at Anderson, Madison County Indiana, this 16th day of September A.D. 1897.
Edmund Johnson, Clerk
State of Indiana }
ITEM 1. I will that all my just debts be first paid out of my estate.
ITEM 2. I will to my sons James A. Minnich and William R. Minnich each a one third part in value of my estate.
ITEM 3. I will to my son Joel M. Minnich and his wife, Maggie A. Minnich a one third part in value of my estate to have and hold during their lifetime and the remainder shall go to their son Otto E. Minnick and if he be dead at their death and leave no children or wife living then the same is to go to my sons James A. and William R. Minnich.
her
PHEBE X M. MINNICK
mark
In testimony whereof I have hereunto set my hand and seal this 8th day of February, 1909.
Subscribed by the said Phebe M. Minnich in our presence and by her declared to be her last will and testament and attested by us as such in her presence and in the presence of each other this 8th day of February, 1909.
J. D. Edwards }
James Byrum } Witnesses
THE STATE OF INDIANA, MADISON COUNTY, SS: mark
Witness to mark: Frank Matthews
THE WITHIN WILL DULY PROBATED AND ORDERED ADMITTED TO RECORD THIS 27TH DAY OF AUGUST, 1910.
Telfer Documents
Tomlinson Documents
Will of Frederick Dibert
Will of Jacob Dibert
Will of John Dibert
Dibert Deeds
Adam Earnest, Orphan's Record
Will of Phoebe Minnick
Will of Anthony Minnick
Will Book 4 Page 480
Dibert Christopher, Last Will & C }
The last Will and Testament of Christopher Dibert of the Township of Bedford, Bedford County and State of Pensylvania. I Christopher Dibert considering the uncertainty of this mortal life and being of sound mind and memory do make and publish this my last Will and Testament in manner and form following (that is to say) First I give and bequeath unto my beloved wife Catharine Dibert all my Real Estate to be in her possession so long as she lives or remains to be my widow. She maintains my two younger daughters, Catharine and Susannah with all my household furniture and so much stock as my wife Catharine desires to keep on the premises and the Rifle Gun to be in her possession and as much grain and meat as my wife may want for the coming year and to all the grain on the ground except the one fourth bushel which belongs to y son Jonathan. Also I give and bequeath to my wife one gray mare and Buggy and fanning mill. Item. I give and bequeath to my son Jonathan one ? horse wagon and bed. Item. I give and bequeath to my son Henry one single barrel shot gun. Item. I will and bequeath to my son Jonathan all my Real Estate after the death of my wife Catharine each heir choosing one appraiser to appraise the same the said Jonathan to pay each heir share and share alike to each heir of the valuation. And lastly as to all the rest residue and remainder of my personal Estate goods any chattel of what kind and nature soever I direct to be sold at public sale and after the payment of all my just debts the balance if any left to be divided among my heirs share and share alike and I hereby appoint my oldest son Andrew Sole Executor of this my last Will and Testment hereby revoking all former Wills by me made. In witness whereof I have hereunto set my hand and Seal the fifth day of November A.D. 1865.
Signed: Christopher (his X mark) Dibert
Jacob D. Fetter
George (his X mark) Dibert
Wm. S. Fluke
Jacob D. Fetter
George (his mark) Dibert
Wm. S. Fluke
In the name of God Amen. I Frederick Dybert Senr of Bedford Township, Bedford County and State of Pennsylvania being of perfect health and of perfect mind memory and understanding thanks be given to God calling unto mind the mortality of my body and knowing that it is appointed for all men once to die, Do make and ordain this my last will and testament that is to say principally and first of all I give and recommend my soul into the hand of Almighty God that gave it and my body I recommend to the earth to be in decent Christian burial at the discretion of my Executors hereinafter named, and to such wordly Estate whereof it hath pleased God to bless me in this life I give demise and dispose of the same in the following manner and form. First I give and bequeath to my son Frederick Dybert Junr the half tract of land ___ in Greenfield Township in Bedford County containing one hundred and fifty acres of land and the remaining part of the said tract or piece of land I give and bequeath to my son Michael Dibert the undivided half tract of land in Greenfield Township and County of Bedford and State of foresaid containing one hundred and fifty acres of land that is improved and if there is no other wright that is to be their shares and if it should be lost that the(y) should come in like one of the taughters (daughters???) in the plantation that Jacob and Christopher is to have and then I give and bequeath to my son Jacob Dybert the half of the plantation (th)ey now live on to be the property Jacob Dybert his heirs and assigns and then I give and bequeath to my son Christopher Dybert the remaining half tract of land with all the improvements thereon and that the said widow is to have the third part of all the grain that shall be raised on said lands and is to have all the house and stabling to her self and said Magdalena is to have all the household and kitchen furniture as long as she lives and is to have half of the hay on the plantation to be delivered into the stable and that the two daughters is to have the same as one of the other ones the(y) are to have one horse crature??? And two cows and other furniture and then Jacob and Christopher is to give six dollars per acker and none of that money is to be paid as long as the widow lives or provided she sho(u)ld die before the youngest son is of age there is no money to be paid an that he is of age and that Christopher is to have two horses and farming ____ (utensils??) and is to have one cow and lastly I nominate and appoint Jacob Dybert and Christopher Dybert both of Bedford Township Bedford County to be my Executors of this my last will and testament hereby revoking all other wills legacies and bequeaths by me heretofore made and declaring this and no other to be my last will and testament. In witness whereof I have hereunto set my hand and seal this twenty ninth day of November in the Year of our Lord One thousand Eight hundred and Sixteen.
Will Book 1 page 529 and 530
Signed, sealed, published, pronounced and declared } By the said testator as his last will and testament } In the presence of us and at his Request have } Subscribed as witnesses } John Miller, John Deibert
John Miller and John Deibert
Corain
David Mann
Filed and Registered 6th October A.D. 1818
Will Book 1 Page 258 to 260 - John Dibert
In the name of God Amen. I John Dibert of Bedford Township Bedford County and State of Pennsylvania being in perfect health and of sound mind memory and understanding but considering the uncertainty of this transitory life, do make and publish this my last Will and Testament in manner and form following, to wit. Principally and first of all I commend my immortal soul into the hands of 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 herein after named and as to all such worldly estate wherewith it hath pleased God to bless me with in this life, I give and dispose of the same in the following manner, to wit. First I give and Bequeath to my dear wife Mary Dibert, one Horse ercter??, two Cows, one Bed and Beding and she also to have her maintainance and support on and out of the plantation whereon I now live during her widowhood the said horse, cows, bed and beding to be chosen by herself. Item. I give and bequeath the said plantation whereon I now live to my son John his heirs and assigns forever he or they paying out the sum of money hereafter mentioned to my daughters and maintaining and supporting my wife Mary as before mentioned. Item. I give and bequeath to my son David the plantation whereon he now lives near Stoystown in Somerset County to hold to him his heirs and Assigns forever, he or they paying thereout the sums of money herein after mentioned to my daughters. Item. I give and bequeath to my daughters, to wit. Eve married to Peter Fetter, Elizabeth married to Valentine Rhinehart, Barbara married to Valentine Fickes, Susanah married to Samuel Roudebush, ______ Catharine Mary and Rachel the sum of nine hundred pounds in equal proportions to be paid in manner and form following, to wit, four hundred pounds to be paid by my said son John his heirs and assigns and five hundred pounds to be paid by my said son David his heirs and assigns, the said John to pay yearly and every year after my decease twenty five pounds until the said four hundred pounds are fully paid and the said David to pay yearly and every year after my decease Fifty pounds until the said five hundred pounds are fully paid, the eldest of my said daughters to receive first her full share and proportion and so on to the youngest according to Seniority of age. And if any of my said daughters shall die unmarried and without issue then her share to be equally divided among the survivors of them. All my children under age shall live and be maintained on and out of the place whereon I now live until they become of full age respectively or are married and two Cows shall be kept and fed on the said place for my said wife Mary until the youngest of my children attains the age of twentyone years. Item. I give and bequeath to my said son John two horses to be chosen by himself after the choice of my wife Mary as before mentioned my Waggon and gears a plough and a harrow and my still. All the rest residue and remainder of my personal estate shall be sold by my Executors by public sale and the money arising therefrom shall be immediately paid to my daughters before named or the survivors of them in equal shares. And lastly I nominate constitute and appoint my said wife Mary and Christopher Reiley Esquire of the Borough of Bedford Executors of this my Will hereby revoking all other Wills legacies and bequeaths by me heretofore made and declaring this and no other to be my last Will and Testament. In Witness whereof I have hereto set my hand and seal the twentyninth day of April in the year of our Lord one thousand eight hundred and seven.
Signed sealed published } Pronounced and declared } By the said Testator as his last Will } And Testament in the presence of } John Tod, David Keefe }
David Keefe and John Tod
Before
Jacob Bennett. Register
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Will Book 3 page 99- Jacob Dibert
The last Will and Testament of Jacob Dibert of Bedford Township in the County of Bedford. In the name of God I, Jacob Dibert, considering the uncertainty of this mortal life and being of sound mind and memory, blessed be the Almighty God for the same do make and publish this my last will and testament in the manner and form following. First, I bequeath unto my beloved wife Polly is to have the room where I now lay in as long as she shall live in my name and to have as much of the place that she can live. After, George, gets married my wife is to have, that is twelve bushal of wheat per year, and same quantity of Rye and corn and she is to have the household and kitchen furniture and to two cows and hay for them Room in the Stable and after her death, all that she holds is to be sold and Eaqelly divided amongst my Daughters and her youngest Daughter, that she had with Croyle??.
Item. I give and bequeath to my son George Dibert the Pick of my horses four of them, and ploughs and harrows and all my farming utensils and four pair of Geers and wagon the old won and to make vandue and sell the twad wheeled wagon and three horses and gears and all such things. That the do not ??? and the money that is raist of the vandue is to be divided amongst the five daughters so that my farm will comes lower to my sons, the still and all belonging to it is to stay for my oldest son and George is to have the half of my farm and to give my son John two horses and geers and plough and harrows
Item. I give and bequeath my son John Dibert, the other half of my farm and when he arrives at the age of twentyone years, my two sons is to pay to my five Daughters the sum of one hundred dollars one year after my son John has his age they are to pay one hundred to the oldest daughter and one year after that the next one hundred dollars and then the next oldest one year after one hundred, and then the next oldest one, after that, one year, and then one year after that they are to pay Peggy, one hundred dollars, that is my wife�s daughter ?????? I give and bequeath unto my Daughter Hetty one hundred Dollars
Item. I give and bequeath unto my Daughter Elizabeth one hundred dollars of my Real Estate - Item I give and bequeath unto my Daughter Cathrine the sum of One hundred dollars of my Real Estate. Item � I give and bequeath unto my daughter Juliann one hundred dollars of my Real Esate � Item � I give and bequeath unto my step-daughter the sum of one hundred dollars of my Real Estate and lastly as to all the rest, residue, messuages or tenements with the appurtenances situate in Bedford Township County aforesaid I give and bequeath the same to my son George and to my beloved wife Polly whom I hereby appoint sole Executrix of this my last Will and Testament, hereby revoking all former Wills by me made. In Witness whereof I have here unto set my hand and seal the twenty eighth day of February in the year of our Lord one thousand eight hundred and thirty seven.
Signed, Sealed, published and declared by the above named Jacob Dibert to be his last will and Testament in the presence of us who at his request and in his presence have subscribed our names as witness thereto
John Miller Jacob Button John Croyle
Personally came before the subscriber Register for the Probate of Wills in and for said County John Miller, Jacob Fetter and John Croyle the subscribing witnesses to the foregoing instrument of writing and being duly sworn do depose and say that they were personally present and heard and saw the Testator Jacob Dibert, the Testator above sign by making his mark, seal, publish, pronounce and declare the above and foregoing instrument of Writing as and for his last Will and Testament, that at the time thereof the Testator was of sound and disposing mind, memory and understanding according to the best of deponents knowledge and belief and that they subscribed their names thereto as Witnesses in the presence of the Testator and at his request and in the presence of each other.
Sworn and subscribed April 17 1837
C??? John G Martin Register
John Miller Jacob Buttren ??? John Croyle
John G. Martin, Register
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The following Dibert family deeds were taken from the Bedford County, Pennsylvania GenWeb Project. © 1996-2005, Carol Eddleman and Nathan Zipfel See Bedford Deeds Copyright Statement
Michaell DIVER in trust for himself & his brothers, John & Frederick, & his sister, Margaret, wife of John MILLER, applied for 200 acres, including improvements made by his father, Christ DIVER, on MILLER's run, adjacent to his own land & William TRENT's plantation.
Bedford County
December 13, 1766
Michael DIVER (in old German) & John (x) DIVER, both of Bedford Twp, yeomen, and John MILLER of the same place, yeoman, & Margaret (x) his wife (heirs of Thomas DIVER late of Cumberland County, yeoman, dec'd) to Frederick DIVER. Whereas Thomas DIVER in his lifetime was possessed of an improvement tract in Cumberland County (now Bedford Twp, Bedford County) adjoining William TRENT and Valentine SHADACRE on Millers Run in Bedford Twp containing 200 acres. And whereas application #2147 was on 13 Dec 1766 entered by or for said Michael DIVER and John MILLER in trust for themselves as well as John DIVER and Frederick DIVER (heirs of Thomas DIVER dec'd) for taking up 200 acres including the improvement made by Thomas DIVER adjoining William TRENT and Valentine SHADACRE on Millers Run. And whereas said Michael DIVER and John MILLER by their release of trust dated this date sold to John and Frederick all their claim to the property. Now the above 4, for ?30 PA currency, quit claim to the property. Witnesses: George WOODS and David ESPY.
Quit Claim
Bedford County, Pennsylvania
Michael DIVER (in old German) of Bedford Twp, yeoman, to John DIVER, Frederick DIVER, and Margaret MILLER. Whereas Christopher DIVER, late of Cumberland County, yeoman, died intestate possessed of an improvement and tract leaving 4 children; Michael, John, Frederick, and Margaret (w/o John MILLER). And whereas an application (#2146) was on 13 Dec 1766 entered for the said Michael in trust for himself and his brothers and sister for his taking up of 200 acres including the improvement made by his father on Stillys Run adjoining "his own land" and land of William TRENT in Cumberland County (now Bedford Twp, Bedford County). Now said Michael declares that his name was used in trust for himself and his brothers and sister and in discharge of this trust (and for ?5 PA currency) he sells his interest to them. Witnesses: George WOODS and David ESPY.
Release
Bedford County, Pennsylvania
17 Jun 1775. Release. Michael DIVER (in old German) and John MILLER, both of Bedford Twp, yeoman, to John DIVER and Frederick DIVER. Whereas as application (#2147) was on 13 Dec 1766 entered for or by Michael DIVER and John MILLER in trust for themselves as well as John & Frederick DIVER (heirs of Thomas DIVER late of Cumberland County, yeoman, dec'd) for taking up 200 acres, including an improvement made by the deceased, adjoining William TRENT and Valentine SHADACRE on Millers Run in Cumberland County (now Bedford Twp, Bedford County). Now, Michael DIVER and John MILLER declare that their names were used in trust for themselves and John & Frederick DIVER; that the application was entered for joint use of them all; and in discharge of their trust and for ?10 PA currency, they release the land to the other two. Witnesses: George WOODS and David ESPY.
June 17, 1775
Release
November 7, 1783. Michael Divert of Bedford Twp., Bedford Co., yeoman, and Margaret, his wife, to Frederick Divert of the same place. A plantation and 145 1/2 acre tract in Bedford Twp., Bedford County, Pennsylvania.
November 8, 1783. Frederick DIVERT of Bedford Twp, Bedford County, yeoman, to Michael DIVERT of the same place. A plantation and a 200 acre tract in Bedford Twp, Bedford County, Pennsylvania.
May 13, 1782. John Earnst, son of Adam Earnst, dec'd about the age of 14, chose as his guardian, Jacob Divert, yeoman. Jacob Earnst, a son of Jacob Saylor, gunsmith, guardian. Upon application of George Earnst and George Funk, administrators of Adam Earnst, dec'd, Freidrich Reicher of Bedford Twp. was appointed guardian over the estate of Henry & Michael Earnst, minor children of Adam Earnst. Jacob Earnst by his own consent to be apprenticed to Matthias Aman, millwright, York Co., for 3 years, to be taught trade, said Matthias to furnish food, drink, apparel, washing, lodging and 1 new suit of clothes at expiration.
In the name of the Benevolent Father of all, I, Anthony Minnick, of Madison County, in the State of Indiana, being of sound mind and disposing memory realizing the uncertainty of life and the certainty of death do hereby make and publish this my last will and testabment.
Madison County } ss
Before my, Edmund Johnson, Clerk of the Circuit Court of the County of Madison in the State of Indiana, personally came William E. Foland and Henry C. Ryan subscribing witnesses to the foregoing instrument of writing, who, being by me first duly sworn upon oath depose and say that Anthony Minnick the testator named in the instrument of writing purporting to be his last will and testament, did sign, seal, publish and declare the same to be his last will and testament on the day of the date thereof, that the said testator was at the same time of the full age of twenty-one years and of sound and disposing mind and memory and that he was not under coercion, compulsion or restraint and that he was competent to devise his property And the said testator so signed, stated, published and declared the same to be his last will and testament in manner and form as aforesaid in the presence of affiants, the subscribing witnesses thereto and that they each attested the same and subscribed their names as witnesses thereto in the presence and at the request of the said testator and in the presence of each other.
Henry C. Ryan
William E. Foland
Madison County ) ss:
I, Edmund Johnson, Clerk of the Circuit Court of the County of Madison in the State of Indiana, do hereby certify that the foregoing last will and testamanet of Anthony Minnick has been duly admitted to probate before me. That the same was proven by the examination under oath of Henry C. Ryan and William E. Foland, the subscribing witnesses thereto, and that a full and complete record of the said will and of the proof and examination of the witnesses by whom the same was proven has been made, and now of record in Will Record No. 2 of said County, on page 314-315& 316.
In testimony Whereof, I have hereunto affixed the seal of said Court and subscribe my name at Anderson, Madison County, Indiana, this 16th day of September A.D. 1897.
Edmund Johnson, Clerk.
I, Phebe M. Minnick of Madison County, Indiana, do make and publish this my last will and testament.
BE IT REMEMBERED, That on the 27th day of August, James Byrum, one of the subscribing witnesses to the within and foregoing last Will and Testament of Phebe M. Minnick, late of said County, deceased, personally appeared before me, Arthur E. Harlan, Clerk of the Circuit Court of Madison County, in the State of Indiana, and being duly sworn by the Clerk of said Court, upon his oath, declared and testified as follows, that is to say: That on the 8th day of February, 1909, he saw the said Phebe M. Minnick sign her name to the said instrument in writing as and for his last Will and Testament, and that this deponent, at the same time heard the said Phebe M Minnick declare the said instrument in writing to be her last Will and Testament, and that the said instrument in writing was, at the same time, at the request of the said Phebe M. Minnick and with her consent attested and subscribed by the said James Byrum in the presence of said testator, and in the presence of each of other, as subscribing witnesses thereto, and that the said Phebe M. Minnick was, at the time of the signing and subscribing of said instrument in writing, as aforesaid, of full age (that is more than twenty-one years of age) and of sound and disposing mind and memory, and not under any coercion or restraint, as the said deponent verily believes, and further deponent says not.
his
James X Byrum
Sworn to and subscribed by the said James Byrum before me, Arthur E. Harlan, Clerk of said Court, at Anderson, Indiana, the 27 day of August, 1910.
IN ATTESTATION WHEREOF, I Have hereunto subscribed my name, and affixed the seal of said Court.
Arthur B. Harlan, Clerk.
CHAS. K. BAGOT, Judge.
Copyright statement for Dibert Deeds
http://www.pa-roots.com/users/bedford/copyright.html
Copyright Statement
Copyright 1996-2005
Carol Eddleman and Nathan Zipfel
Unless indicated otherwise in a particular page carrying this copyright notice, permission to use, copy and distribute documents and related graphics delivered from this World Wide Web server (www.pa-roots.com/~bedford/) for non-commercial uses is hereby granted, provided that the above copyright notice appears in all copies and that both that copyright notice and this permission notice appear. All other rights reserved. Carol Eddleman disclaims all warranties with regard to this information. The information described herein is provided as is without warranty of any kind, either express or implied.