John Martin Will
Know all men(?) by the foresaid that I John Martin of the County of Clark and the State of Indiana do mak declare and publish this my last will and testament hereby revoking (?) and all other wills by me heretofore made.
1st It is my will that my just debts shall be paid as soon as possible after my death out of the money I may have at the time of my death
2nd I give my wife Hannah all of my personal property of whatever kind together with all of my uncollected notes and accounts and all of the money that I may have after the payments of my just debts aforesaid
3rd It is my will that my said wife shall have use and possep(?) until my son Robert arrives at the age of twenty one years for the purpose of supporting herself ad my minor children my two farms Known as the Stilwell place and the Mitchell place (?) first being the farm purchaed by me from Jacob Stiwell and the other the farm purchased by me from Andrew Mitchell after my said son Robert becomes of age it is my will that my said wife shall have during her natural life only the said Stilwell farm but it is my will that if my said wife shall cease to be my widow and shall marry again then she shall be deprived of all (?) any seal or personal estate herein devised to her and the same shall be disposed of the said as if she had died.
4th It is further my will that as soon as can be after my death my sons George, John W. and (?) in their own behalf and my friend William L. Slucker (?) on behalf of my three minor sons. (?) Marion and Robert shall mutually select (?) (?) and court client persons who shall make partition of all my real estate according my said six sons before making such partition(?) the said then persons (?) selection as aforesaid shall take into account given by me as an advancement to my said son George. ANd the accounts (?) to my said sons George, John W. and William for the purpose of (?) the (?) as provided in the next succeeding item hereof they all also to (?) the (?) of the (?) aforesaid of my (?) in the siad Stilwell and Mitchell farms after takeing into consideration (?) aforesaid the persons selected to make such partition(?) Shall so divide my said real estate that the (?) (?) (?) of my said sons shall be equally divided and in making the said parti(?) the said persons making the same (?) and to act after my said son John W. the farm purchased by son from Benjamin Wicick(?) and are to value the same at four thousand seven hundred and fifty dollars that (?) the price for which I have already agreed to but my said son have the said farm
5th It is my will further that my daughters Margaret, Sarah Elizabeth and Lucinda shall each have the sum of one thousand dollars and my daughter Elizabeth Hogland the sum of fifty dollars (?) money the said sum of fifty dollars to be paid by my executor out of the money belonging to my Estate and the said four thousand dollars to be paid within four years after my decease by my said three adult sons. George, John W. and William each of my said sons to pay one third of the said four thousand dollars ad the (?) to bear(?) (?)(?) paid from the date of my death
Sixth after my said wife death or marriage as a foresaid I and having free (?) (?) (?) *(blurry in this part)
I desire that they may Exec said *(blurry in this part)
being (?) to (blurry in this part)
*(this part blurry) this the 11th day of May *(blurry in this part)
Subscribed and acknowledge (?) give (?)
as his living will and as *(blurry in this part) John Martin this 11th day of May 186? in our prescence(?) and at house(?) in this precense and at (?) *(blurry in this part) signed by (?) of each other the date aforesaid
The state of Indiana Clark County S.S.
Be it remembered that on the 24th day of March 1868 Melerlle C. Heser one of the subscribers (?) to the (?) and foregoing last will and testament of John Martin late of said County Deceased person (?) before Shillian James Clerk of the Court of Common Pleas of Clark County in the state of Indiana and being duly sworn by the clerk of said court upon his oath declared testefied as follows that is to say that on the Eleventh day of May 1868 he saw the said John Martin and (?) acct Subscribed by the said John *(?) and (?) (?) C. Hester in the prescence of the (?) and in the presence of each other as subscribing (?) thereto and that the said John ? the time the signing and subscribing of (?) *(blurry in this area) writing as foresaid of full and duly swore than *(blurry in this area) and of some *(blurry in this area) and memory and not *(blurry in this area) as the said dep(?) *(blurry in this area and will page messed up
Transcibed by E.B