INDIANA TRAILS
FLOYD COUNTY WILLS
Page 1 2 3
4
FRANCIS GRAFF WILL
Date: July 18,1856
I, Francis Graff of New Albany, Floyd
County, Indiana, do make and ordain this my last Will & Testament,
hereby revoking any and all others.
First; I give and bequeath unto my
beloved wife Agnes Graff for her own support and maintenance and
that of our children, all my personal and real estate, ( after
the payments of my just debts) to have and to hold the same together
with all the rents and profits thereof, for and during her
natural lifetime.
Second; After the death of my said
wife, it is my will that all my property be divided equally among all
my children according to the laws of the state of Indiana.
Third; It is my will that my
Executors hereinafter named pay all my just debts and funeral expenses
out of the first available means in their possession.
Fourth: I do hereby appoint John G.
Smith, and William Ersesman as the Executors of this my last Will
and Testament.
Signed and sealed this 23rd day of
July, 18,1856.
Francis Graff.
In the presence of John G.
Smith, Henry Lich. Geo. H. Harrison.
State of Indiana, Floyd County}SS.
John G. Smith, one of the subscribing
witnesses to the foregoing last Will & Testament of Frances Graff,
late of said county, deceased, makes oath and says, that he witnesses
the execution of said Will in the presence and at the request of said
Testator, that said Testator was of full age to devise his property, of
sound mind and memory, and competent to devise his property, and not
under any coercion or restraint, and that he, said John G. Smith, Henry
Lich, Geo. H. Harrison, whose names appears as subscribing witnesses to
said Will, did attest and subscribe the same in the presence of said
Francis Graff. John G. Smith
Subscribed and sworn to before me
this 26th day of January 1857.
In witness whereof. I have hereto set
my hand as clerk of the Floyd County Common Pleas Court, and
affixed the seal of said Court at the court house in New
Albany the day and year above written.
Salem P. Town, F.C.
(Transcribed and Contributed by Bonnie Clark)
FREDERICK AUGUST
ZIEFULL (Spelling could be Zufall)
Date: Apr.24,1857
In the name of the Benevolent
Father, Amen.
I Frederick August Ziefull, of Floyd
County, Indiana, make and publish this my last Will & Testament.
Item 1. I give and devise all of my
estate both real and personal to my beloved wife lucy Ziefull. To be to
her and heirs forever.
Item 2. I make and appoint the said
Lucy Ziefull, Executrix of this my last Will & Testament.
In witness hereof I have hereunto set
my hand and seal this 24th day of April, 1857.
Frederick August Ziefull (seal)
Signed, and acknowledged by said
Frederick August Ziefull as his last Will & Testament, on our
presence, and signed by us in his presence.
J.D. Kelso & Conrad Booker.
State of Indiana, Floyd County}SS.
Jonathon D. Kelso, one of the
subscribing witnesses to the foregoing last Will & Testament of
Frederick August Ziefull, late of said county, deceased, makes oath and
says that he and Conrad Booker, at the request of said Testator, and in
his presence, and in the presence of each other witnessed the foregoing
Will, that the Testator was of full age, to devise his property, of
sound mind and memory and not under any coercion or restraint
whatsoever. J.D. Kelso.
Subscribed and sworn to before me,
this 20th day of January 1858.
Witness my hand and seal of the said
Floyd County Court of the Common Pleas on the day and year above
aforesaid. Salem P. Town, F.C.C.
State of Indiana, Floyd
County,}SS.
I, Salem P. Town, Clerk of the Floyd
County Court of Common Pleas, of said county and state, do hereby
certify that the foregoing last Will and Testament of Frederick August
Ziefull, late of said county, deceased, has been duly admitted to
Probate, that its due execution was this day proven by J.D. Kelso,
whose proof, together with such Will have been duly recorded in the
93rd page of the Record of Wills in our office.
In testimony whereof I have hereunto
subscribed my name as Clerk of the Court of Common Pleas of Floyd
County, and affixed the seal of said court in New Albany, this
20th day of January, 1858.
Salem P. Town, F.C.C.
(Transcribed
and Contributed by Bonnie Clark)
LUCIE ZIEFULL WILL
(spelling could be Zufall)
Date: Feb. 1859
I, the widow Ziefull hereby certify with my own handwriting, that I
have bequeathed after my death, to my surviving children all my
property, as house and lot, and measurables, and $650.00 in my
possession during my lifetime. I, the said widow Ziefull, hereby
request Lodge # one, as guardian to execute faithfully this my will.
In case my children should die, and there is still something remaining.
I desire that it should be sent to my brother John Christian Benet.
Lucie Ziefull
Witnesses: Rudolph Borgerding
Christian H. Schafer.
State of Indiana, Floyd County}SS.
Rudolph Borgerding and Christain H. Schafer state upon oath that Lucie
Ziefull departed this life at said county on the 7th of July 1859, and
in the month of Feb. in said year published and declared the same to be
her last Will & Testament, and they in her presence attested and
subscribed the same, by her request as witnesses thereto. Said Lucie
Ziefull, at the time of signing and publishing said “Will” was of
lawful age, of sound disposing mind and memory, competent to devise her
property, and not under coercion. They further state upon oath, that
the paper attached to said paper writing, and written in the English
language, is a faithful translation of the original paper writing.
Rudolph Borgerding, Christian H, Schafer
Subscribed and sworn to before me, the Clerk of the Court of Common
Pleas, Floyd County, this 25th of November, 1859.
Witness my hand and the seal of said Court on the day and year above
aforesaid.
Salem P. Town, Clerk F.C.C.
State of Indiana, Floyd County}SS
I, Salem P. Town, Clerk of the Court of Common Pleas of county and
state, hereby certify that the foregoing last Will and Testament of
Lucie Ziefull, deceased, late of said county, has been duly admitted to
probate, that its due execution was this day proven by Rudolph
Borgerding and Christian Schafer, whose proof, together with such Will
have been duly recorded in the 135th page of the Record of Wills in our
office.
In witness whereof, I have hereto set my hand and affixed the seal
of court, this 25th of November, 1859. Salem P. Town,
Clerk F.C.C.
(Transcribed
and Contributed by Bonnie Clark)
GARRETT MALLORY WILL
Date: Apr. 2, 1859
I, Garrett Mallory, of the Floyd
County, Indiana, being weak in body, but of sound and disposing mined
and memory and understanding thanks be to God for the same, do make and
publish this my Last Will and testament in manner and form as following:
That is to say:
First, it is my will that my funeral
expenses be fully paid.
Second, I give, devise and bequeath
to my beloved wife Hannah Mallory, a certain lot or parcel of land
situated in the Town of Galena, county and state aforesaid,
designated as follows: The West Side of Lot #63, on High Street,
fronting High Street, forty eight feet and extending back the
same width one hundred and twenty feet, together with all the
Real Estate of which I am seized and possessed.
Third: I also give and bequeath to my
beloved wife Hannah Mallory all moneys, goods, chattels, and effects,
together with all the personal property of which I am in possession of,
and it is further my will, that my said wife should moneys, rights in
property that may hereafter be coming to me, by any pertaining estate,
or otherwise legally belonging to me.
And lastly, I hereby constitute and
appoint my said wife Hannah Mallory and my son Martin Van Buren
Mallory, to be the Executors for this my Last Will and Testament,
revoking and annulling all former Wills by me made, and satisfying and
confirming this and no other to be my last Will & Testament.
In Testimony whereof I have hereunto
set my hand and seal this 2nd day of April, 1859.
Garrett Mallory (seal)
Singed, published, acknowledged by
Garrett Mallory to be his last Will & Testament, in the presence of
us, who at his request, have singed and witnessed the same.
N.M. Brown & Elenora Smith
State of Indiana, Floyd County}SS.
Norton M. Brown, being duly sworn, in
with says that the foregoing last Will & Testament of Garrett
Mallory, late of said county, deceased, was duly executed by the said
Testator, that at the time of executing the same he was entirely
competent to devise his property, and was not under any coercion or
under influence whatsoever, and that the same was subscribed by him,
said affiant, and Elenora Smith, as attesting witnesses in the presence
and at the request of said Testator, and in the presence of each
other, and that the same was executed by said Testator, in their
presence and further says not.
Norton M. Brown
Subscribed and sworn to before me,
May 11th, 1859
Witness my hand and the seal of the
Court of Common Pleas, of said County and state aforesaid, the day and
year above written. Salem P. Town, F.C.C.
State of Indiana, Floyd County}SS.
I, Salem P. Town, Clerk of the Court
of Common Pleas of said county and state do hereby certify that the
foregoing last Will & Testament of Garrett Mallory, late of said
county, deceased, has been duly admitted to Probate, that its due
execution was this day duly proved by Norton M. Brown, whose proof,
together with such Will have been duly recorded in the 127th and 128th
pages of the Record of Wills in our office.
In witness whereof I have hereunto
subscribed my name and affixed the seal of said court, this 10th day of
May, 1859.
(Transcribed
and Contributed by Bonnie Clark)
IN THE MATTER OF THE
LAST WILL AND TESTAMENT OF
DAVID EDWARDS , DECEASED.
Be it remembered that on the 7th day
of January, 1859
In the Court of Common Pleas of Floyd
County, Indiana.
The following proceedings were held
in the above entitled matters.
In the Matter of the last Will &
testament of David Edwards, deceased.
Comes now into open court Enos
Edwards, who shows to the court that there are 2 Wills made by
said David Edwards; upon hearing the proof in relation to the execution
of which the court finds that the instrument in writing purporting to
be the proper last Will & Testament of the said David Edwards,
attested by Lewis Hollis, Mary Hollis, and John Barby is the last in
time, and Lewis Hollis, one of the subscribing witnesses to said last
Will & Testament states on oath that the said instrument was
executed by said David Edwards about the ___(unable to read day)
of April, 1856, in “his said Hollis’ presence”, and in the
presence of the other attesting witnesses, and that at the request of
the said David Edwards, he and the other subscribing witnesses attested
the same in his presence, and in the presence of each other and that at
the time of executing the same he, the said David Edwards was of sound
and disposing mind and memory and free from all improper influence or
constraint and thereupon, it is ordered by the court that said
Will & Testament be admitted to record, which is accordingly done
with the words and figures following, to wit:
LAST WILL AND TESTAMENT
OF DAVID EDWARDS
I do recommend my soul to Almighty
God, who gave it to me and my body to Mother dust, from which it was
taken.
After my burying expenses is paid
together with all my debts, and all things settled. I give and bequeath
to my wife Priscilla all the profits of all my lands and tenements and
all my personal property and all my debts due and demands during her
natural lifetime, and after her death, all the land or farm on the West
of the Creek on which I now live, I give unto my sons Enos Edwards, by
his paying to my son Stephen Edwards, $200, and all said farm on
the East of said Creek, I give and bequeath to my daughter Martha
Stone, by her paying to my daughter Debby Hand $100. I also give and
bequeath 40 acres of woodland lying in the Northwest quarter of
Section 17, Township 2, South Range 6 East, to my grandsons William and
David Wilkinson, by there paying to my 2 granddaughters Priscilla
and the daughter of my daughter Sarah Sergeant $50, and my
daughter Mary Leyden $5. And all the personal property, after the
death of my wife if any to be, equally divided between all my heirs.
I also leave Enos Edwards and William
Wilkinson my Executors at my death.
David Edwards (seal)
Priscilla Edwards (seal)
Witnessess: Lewis Hollis, Mary
Hollis, John Barby.
And upon motion of said Enos Edwards,
he is appointed Executor of said Will upon his filing bond with Lewis
Hollis as his security in the final of $1000, which is now here done
and thereupon be, the said Enos Edwards takes the oath of office
prescribed by law.
(Transcribed
and Contributed by Bonnie Clark)
CHRISTIAN SHIRLEY, WILL
Date: Dec. 29,1845
I, Christian Shirley, of Floyd
County, Indiana, being of sound mind and memory, do hereby make and
publish this as my last Will & Testament.
First. I give and bequeath to my son
Denton Shirley, the West half of the North West quarter of
Section 1, of Township 3 South of the Base line in Range 5 east of the
second principal meridian of the lands directed to be sold, at
Jeffersonville, Indiana, and lying, and lying and being in said Floyd
County. The said quarter section to be divided by a north and South
line between said Denton and his brother Anderson, said Anderson now
having or being entitled to the legal title of the East half thereof.
Second. I do also hereby give and
bequeath to my said son Denton Shirley, a certain tract or parcel of
land, lying and being in said county of Floyd in said sate of
Indiana, and on a branch of Barton’s Creek, being a fork of
Indiana Creek, containing Eight acres more or less, and being the South
East corner of the Northeast quarter of section 2, of Township 3 South
of the Baseline in Range 5 East of the meridian line, and bounded
as follows, to-wit: Beginning at its original quarter
Section Post on the North and South lines which divides the first and
second section in said Township when Elijah Creswill, Christian
Shirley, John Bowman and Jeremiah Crook all corner, then with the said
line North forty poles to a sugar tree corner, thence West thirty
two poles, to a corner Elm, thence South forty poles to a stake, sugar
tree and hickory pointers, thence East thirty two poles, including the
spring now used by me to the beginning corner post, with all
appurtenances belonging to each tract of land.
It is also my will and desire that
for and in consideration of the above bequests, he the said Denton
Shirley, at my decease, shall pay to my daughter Elizabeth Holmes, or
her heirs, the wife of Oliver Holmes the sum of $200.
In witness whereof I, the said
Christian Shirley, have hereunto set my hand and seal this 29th day
of December, in the year of Our Lord, 1845.
Christian Shirley (seal)
Signed by the above Christian
Shirley, as and for his last Will & Testament in the presence of
us. C. Nunemacher, & H. Collins.
State of Indiana, Floyd County}SS.
Conrad Nunemacher being duly
sworn says that the foregoing last Will & Testament of Christian
Shirley, deceased was duly executed by said testator, that at the time
of the executing the same, he was entirely competent to devise his
property, and was not under any coercion or under influence whatsoever,
and that the same was subscribed by him, said affiant and Henry
Collins, as attesting witnesses in the presence and at the
request of said testator, and in the presence of each other, and that
the same was executed by said testator, in their presence, and
further says not.
C. Nunemacher
Subscribed, and sworn to before me,
this 16th day of August, 1858.
Witness my hand as Clerk of the Court
of Common Pleas of Floyd County and the seal of said Court at New
Albany, the day and year above aforesaid.
Salem P. Towne Clerk. F.C.
State of Indiana, Floyd County}SS.
I Salem P. Towne, Clerk of the Court
of Common Please, of said County and State do hereby certify that the
above and foregoing last Will and Testament of Christian Shirley, late
of said County, deceased, has been duly admitted to probate; that its
due execution, was this day proven by Conrad Nunemacher, whose proof,
together with such Will have been duly recorded in the 105th and 106th
pages of the Record of Wills in our office.
In Testimony whereof, I have hereunto
subscribed my name and affixed the seal of said Court the 16th day
of August, 1858. Salem P. Towne, Clerk F.C.
(Transcribed
and Contributed by Bonnie Clark)
FRED VON ALMON’S WILL
Date: January
1,1903
In the name of the Benevolent Father,
Amen.
I, Fred Von Almon of Floyd County,
Indiana, being in feeble health, but of sound and disposing mind and
memory do make, publish and declare this to be my last Will &
Testament, hereby revoking all other Wills by me made.
1. I give devise and bequeath unto my
wife, Anna B. Von Almon the real estate in Floyd County, Indiana,
described as follows, the Northeast quarter of the Southeast quarter of
section ten, township 2 south of Range 6 East for and during the period
of her natural life.
2. I give, devise and bequeath unto
my said wife, the sum of five hundred dollars to be paid so soon after
my death as the same may be conveniently done, and all my household
good and furniture forever.
3. I give, devise and bequeath
the rest and residue of my estate, real and personal to my children and
the children of those who are dead or may died before my death, such
children of my children or their descendants to take the share of all
their parents.
4. I hereby nominate and appoint my
son peter Von Almon as Executor of this my last Will & Testament.
In testimony whereof I have hereunto
set my hand and seal this 1st day of January, 1903.
Fred Von Almon (seal)
The above named testator, Fred Von
Almon, signed the foregoing annexed instrument as his last Will &
Testament in our presence, and we at his request, in his presence, and
in the presence of each other, have hereunto set our hands on the last
above written date attesting witnesses. Fred Moser & John B.
James.
The State of Indiana, Floyd County}SS.
Be it remembered that on the 4th day
of April, 1908, John B. James, one of the subscribing witnesses to the
within and foregoing last Will & Testament of Fred Von Almon, late
of said County, deceased, personally appeared before the Floyd Circuit
Court 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
1st day of January, 1903, he saw the said Fred Von Almon sign his name
to said instrument in writing, as and for his last Will &
Testament, and that this deponent at the same time heard the said Fred
Von Almon declare the said instrument in writing at his last Will and
testament, and that the said instrument in writing, was at the same
time at the request of said Fred Von Almon, and with his consent,
attested and subscribed by the said John B. James and one Fred Moser,
in the presence of said Testator, and in the presence of each
other, as subscribing witnesses thereto, and that the said Fred
Von Almon was at the time of the signing and subscribing of the said
instrument in writing as aforesaid, of full age, (that is to say more
than 21 years of age), and of sound and disposing mind and memory, and
not under any coercion or restraint, as this deponent verily believes,
and further deponent says not. John B. James
Sworn to and subscribed by the said
John B. James, before me, William F. Ruoff, Clerk of the said Floyd
County Circuit Court on the 4th day of April, 1908.
In attestation whereof, I have
hereunto subscribed my name and affixed the seal of said court.
William F. Ruoff, Clerk F.C.
State of Indiana, Floyd County}SS.
I, William F. Ruoff, Clerk of the
Floyd County Circuit Court, in Indiana do hereby certify that the
within annexed last Will & Testament of Fred Von Almon has been
duly admitted to Probate, and duly proved by the testimony of John B.
James, one of the subscribing witnesses thereto, that a complete record
of said Will and testimony of said John B. James in proof thereof has
been duly made and recorded at pages 6 and 7 in the Record of Wills “G”
of said County.
In attestation whereof, I have
hereunto subscribed my name and affixed the seal of said court at New
Albany, this 4th day of April 1908.
William F. Ruoff, Clerk, Floyd County.
State of Indiana, Floyd county}SS.
I, William F. Ruoff, Clerk of the
Floyd Circuit Court do hereby certify that I have compared the above
and foregoing with the original, and that the same i9s a full, true and
complete record if the last Will & testament of Fred Von Almon,
deceased, together with the certificate of probate thereto attached, as
the same appears on file in my office this 4th day of April, 1908.
William F. Ruoff, Clerk Floyd County
Circuit Court.
(Transcribed
and Contributed by Bonnie Clark)
GEORGE CHEATLE WILL
Date: July 28,1847
In the name of God,Amen.
I, George Cheatle of the city of New
Albany, Floyd County, Indiana, being of sound mind and memory and
knowing that it is appointed for all once to die, do make and publish
this my last Will & Testament to wit:
Item 1. It is my will that my body be
buried in a becoming manner after the form and manner of a Christian
burial.
Item 2. It is my will that all my
just debts be paid as early after my decease as it can conveniently be
done by my Executors.
Item 3. After the payments of my
debts, I will and bequeath to my beloved wife all property and rights
of whatever kind, be the same real, personal and mixed, to have and to
hold the same absolutely to herself, her heirs and all assigns forever.
Item 4. I hereby revoke any and all
Wills by me heretofore made and appoint my beloved wife Ann Elizabeth
Cheatle and my friend Peter Tellon, as Executors of this my only proper
Will.
In witness whereof, I have hereunto
set my hand and seal at New Albany, this 28th day of July, 1847.
George Cheatle (seal)
Signed, sealed and acknowledged by
the above George Cheatle as and for his last Will & Testament in
our presence and in the presence of each other and at his request, we
have attested the same, this 28th day of July
1847.
James Collins & John Shellers
I, George Cheatle being of sound mind
and memory do hereby revoke so much of the foregoing Will as relates to
the appointment of Executor, and I do hereby appoint John C. Davis, of
the city of new Albany as the Executor of this my last Will &
testament.
In witness whereof, I have here to
subscribe my name and seal this 9th day of March 1853.
George Cheatle.
Signed, sealed and acknowledged by
said Testator as his lat Will & Testament in our presence and we in
his presence, and in the presence of each other have signed the same.
A.S. Burnett & Elijah Sabin
State of Indiana, Floyd County}SS.
James Collins, one of the subscribing
witnesses to the foregoing last Will & Testament of George Cheatle,
late of said county, deceased, makes oath and says that he witnessed
the execution of said of said Will in the presence and at the request
of said Testator, that said Testator was of full age, of sound mind and
memory and competent to devise his property, and not under any coercion
or restraint, and that he said James Collins, and John Shellers
whose names appear as a subscribing witness, with him to said Will did
attest and subscribe the same in the presence of said George Cheatle.
James Collins
And Elijah Sabin, one of the
subscribing witnesses to the Codicil of the last Will of George
Cheatle, deceased, on oath says that he witnessed the execution
of said Will in the presence and at the request of said Testator, that
said Testator was of full age, of sound mind and memory, and competent
to devise his property and not under any coercion or restraint, and
that he said Sabin and A. S. Burnett whose name appears as a
subscribing witness to said Codicil of said Will of said Cheatle,
deceased, did attest and subscribe the same in the presence of said
George Cheatle.
E. Sabin.
Subscribed and sworn to before me by
James Collins on the 8th day of August, 1857, and by E. Sabin on the
11th day of August, 1857.
Witness my hand and seal of the said
Court of Common Pleas of Floyd County, Indiana this 11th day of August,
1857. Salem P. Town, Clerk
State of Indiana, Floyd County}SS.
I, Salem P. Town, Clerk of the said
county and state aforesaid, do herby certify that the within Last Will
& Testament of George Cheatle, late of said county, deceased, has
been duly admitted to probate, that the due execution has been proved
according to law by James Collins and Elijah Sabin, whose proofs,
together with such Will and Codicil has been duly recorded on the 81
and 82 pages of the Record of Wills in our office.
Wintess my hand and seal of said
county this 11th day of August, 1857 Salem P. Town. Clerk F.C.
(Transcribed
and Contributed by Bonnie Clark)
HENRY SARLES WILL
Date: Dec. 21, 1858
Floyd County,
Indiana
I, Henry Sarles, considering the
uncertainty of this mortal life and being of sound mind and memory, do
make this my last Will & Testament.
First. I desire that my wife Mary
Sarles shall have and hold all my estate both real and personal, as
long as she shall live.
Second. That after her death, that
David McFall, my step son, shall inherit fifty acres of the land that I
own, and Eliza Tary shall have sixteen and three quarters of acres of
the land, and at the death of my wife David McFall shall have two
thirds of the personal property, and Eliza Tary one third. This
my last Will and Testament.
In witness whereof I have hereunto
set my hand and seal this 21st day of December 1858.
Henry Sarles (seal)
Signed in the presence of : William
McCutcheon & Peter Andres
State of Indiana, Floyd County}SS.
Peter Andres being duly sworn, says
that the foregoing last Will & Testament of Henry Sarles, late of
said county, deceased, was duly executed by said Testator, that at the
time of executing the same he was entirely competent to devise his
property, and was not under any coercion or under influence whatsoever,
and that the same was subscribed by him, said affiant and William
McCutcheon as attesting witnesses thereto, and that the same was
executed by said Testator in their presence, and further says not.
Peter Andres.
Subscribed and sworn to before me,
the clerk of the Court of Common Pleas of Floyd County, Indiana, this
11th day of January 1859
Witness my hand and seal of
said court on the day and year last aforesaid.
Salem P. Towne, Clerk
State of Indiana, Floyd County}SS.
I, Salem P. Town, Clerk of the Court
of Common Pleas of Floyd County, Indiana, do hereby certify that the
foregoing last Will & Testament of Henry Sarles, late of said
county, deceased, has been duly admitted to Probate, that its due
execution was this day proven by Peter Andres, whose proof, together
with such Will, have been duly recorded in the pages of 121,& 122
of the Record of Wills in our office
.
In Witness whereof I have hereunto
set my hand and seal of said Court in New Albany this 11th day of
January, 1859
Salem P. Town, Clerk F.C.
(Transcribed
and Contributed by Bonnie Clark)
KENARD D. RAGER WILL
Date; Jan. 3,1859
Know all men by these presents that I
Kenard D. Rager, being of sound mind and disposing memory and feeling
desirous of settling my worldly affairs, while in this situation. I
therefore make this my last Will & Testament, as follows:
First.I give and bequeath to my wife
Mary Rager all and every part of my property both real, personal and
mixed of which I shall die possessed, to have and to hold during her
natural life, and after her decease it shall be equally divided
among my children. Who shall then be living.
Second. I hereby appoint the said
Mary Rager, my wife, as Executrix of this my last Will &
administratrix for the settlement of my worldly affairs.
In testimony whereof I have this 3rd
day of January, 1859, subscribed my name and seal.
K.D. Rager (seal)
This is to certify that we, the
undersigned, witnesses were present at the signing of the above Will,
and the whole was according to his mind as expressed thus, and further
Kenard D. Rager says that he has not been influenced to
execute this Will by any person
whatsoever,
Caleb C. Dayton & Wm. Trihune
State of Indiana, Floyd County}SS.
Caleb C. Dayton, being duly sworn
says that the foregoing last Will and Testament of Kenard D. Rager,
late of said county, deceased was duly executed by said Testator, that
at the time of executing the same he was entirely competent to devise
his property and was not under any coercion or under influence
whatsoever, that the same was subscribed by him, said affiant, and
William Trihune, as attesting witnesses in the presence and the request
of said Testator, and in the presence of each other, and that the same
was executed by said testator in their presence, and further says not.
Subscribed and sworn to before me
February 10,1859.
Witness my hand and seal of the Court
of Common Pleas of said county, this 10th day of February
1859. Salem P. Town,
Clerk
State of Indiana, Floyd County}Ss.
I, Salem P. Town, Clerk of the Common
Please Court of the county and state aforesaid, do hereby certify that
the foregoing last Will & Testament of Kenard D. Rager, late of
said county, deceased has been duly admitted to probate, that its due
execution was this day duly proven by Caleb C. Dayton, whose proof,
together with such Will have been duly recorded on pages 122 and 123 of
the Record of Wills in our office.
In witness whereof I have hereunto
subscribed my name and affixed the seal of our said court in New
Albany, this 10th day of February,
1859.
Salem P. Town, Clerk F.C.
(Transcribed
and Contributed by Bonnie Clark)
HENRY B. STOY WILL
Date; Apr. 7, 1858
I, Henry B. Stoy, of Floyd Count,
Indiana do make and publish this my last Will & Testament, hereby
revoking all former Wills by me at any time made.
First: I direct that all my just
debts and funeral expenses be paid, as soon after my death as possible
out of any money that may come to the hands of my Executor hereinafter
mentioned.
Second: As to my household and
kitchen furniture of every kind , sort and description, I hereby give
to my beloved wife Cecilia Stoy.
Third: As to my personal property,
accounts and claims of every kind, other than the above stated, I wish
my executor to collect and secure the same and I hereby give and
bequeath the interest and issues of the same to my said beloved wife
Cecilia for and during her natural life. My said Executor hereafter
mentioned, to make the same as productive as possible by good and
careful management.
Fourth: As to my Real Estate where
ever situated, I hereby bequeath the same to my beloved wife Cecilia,
for and during her natural life, she having the right should it be
deemed best to sell and dispose of any part of it, by and with the
written consent of my Executor hereinafter mentioned, and should
any part of said Real Estate be sold the proceed of such
sale or sales to go into the hands of my Executor, and to be by him
invested, managed and controlled as hereinafter provided in relation to
my notes, accounts etc., my Executor availing himself from time to time
of the wishes and views of my said wife.
Fifth: As to my property both real
and personal of every sort and kind wherever situated, I hereby will
and bequeath the same to my (with the reservations hereinafter stated)
to my dear children Henry B. Stoy, and Mary C. Stoy, and their
heirs and assigns forever, they to take the same after the death of
their mother, share and share alike.
I also wish my wife and my brother
Peter R. Stoy, jointly to act as Guardians of my said children.
I hereby appoint make and appoint my
brother Peter R. Stoy, Executor of this my last Will and
Testament, hereby giving him full power and authority to Execute and
carry Out my wishes as herein stated at the death of my beloved wife.
Henry B. Stoy (seal)
Signed, sealed, published and
declared by the said Henry B. Stoy, the Testator, as his last Will and
Testament, in the presence of us who have hereto subscribed our names
was witnesses hereto in presence of said Henry B. Stoy and the
presence of each other.
April 7th, 1858
Witnesses: Matthew J. Robinson, S.S.
March, John A. Smith
State of Indiana, Floyd County}SS.
John A. Smith being duly sworn upon
oath, says that the foregoing last Will and Testament of Henry B. Stoy,
late of said county, deceased, was duly executed by said Testator, that
at the time of executing the same, he was entirely competent to devise
his property and was not under any coercion or under influence
whatsoever, and that the same was subscribed by him said affiant, and
Matthew J. Robinson, and S.S. March as attesting witnesses in the
presence and at the request of said Testator, and in the presence
of each other and further says not.
John A. Smith
Subscribed and sworn to before me
this 5th day of May, 1858.
Witness my hand and seal of the court
of Common Pleas of Floyd County, Indiana, the day and year last
aforesaid. Salem P. Town, Clerk F.C.
State of Indiana, Floyd County}SS.
I, Salem P. Town, Clerk of the Court
of Common Pleas, of said county and state, do hereby certify that the
last Will and Testament of Henry B. Stoy, late of said county,
deceased, has been duly admitted to probate, that its due
execution was this day proved by John A. Smith, whose proof together
with such Will have been duly recorded on pages 99 and 100 of the
Record of Wills in our office.
In witness whereof I have hereunto
subscribed my name and affixed the seal of said court of Common Pleas
of said county in New Albany, this 5th day of May, 1858.
Salem P. Town, Clerk F.C.
(Transcribed
and Contributed by Bonnie Clark)
JOHN YENAWINE WILL
Date: January 2,
1859
In the name of the Lord, Amen.
I, John Yenawine of Floyd County, Indiana, being of bad bodily ability,
but of full and sound mind, but knowing the uncertainty of human life,
do declare, after paying my just debts and funeral expenses, it is my
Will and last Testament and desire .
First, that after my death my wife shall have lawful authority to sell
twenty acres of the East side of the N.W. quarter of S. 24, Town
2, Range 4 East. And out of the same pay all my debts, and
then I also declare that my wife, after paying all my debts as
aforesaid shall have full power and authority over all the balance of
my property in fee simple, and shall have full authority to use the
same at her will.
Second. At my death I declare that my wife shall have lawful
authority as my Executor to carry out this my last Will according
to the same above mentioned.
Third, In testimony whereof. I declare the above to be my last
testament, and acknowledge my hand and seal in the presence of John
Moser and Nimrod Moser, now present.
Dated this 2nd day of January, 1859. John Yenawine (seal)
Signed, sealed and delivered in presence of Isaac Clipp
State of Indiana, Floyd County}SS.
Isaac Clipp being duly sworn on oath says that the foregoing last
Will and testament of John Ganawine, late of said county, deceased, was
duly executed by said Testator, that at the time of the execution the
same he was entirely competent to devise his property, and was not
under any coercion or under influence whatsoever, that the same was
subscribed by him said affiant and Nimrod Moser and John Moser as
attesting witnesses in the presence in his presence and at the
request of said Testator, and in the presence of each other, and
that the same was executed by said Testator, in their presence, and
further says not.
Isaac Clipp
State of Indiana, Floyd County}SS.
I, Salem P. Town, Clerk of the Court of Common Pleas, Floyd County,
Indiana, do hereby certify that the foregoing last Will and Testament
of John Ganawine, late of said county, deceased, has been duly admitted
to probate. That its due execution was this day proved by Isaac clip,
whose proof, together with such Will have been duly recorded on page
124, of the Record of Wills in our office. In witness I have hereunto
subscribed my name and affixed the seal of said court this 28th day of
February,1859.
Salem P. Town, Clerk F.C.
(Transcribed
and Contributed by Bonnie Clark)
WILLIAM BUDD WILL
Date:
July 22, 1859
FLOYD
COUNTY, INDIANA
First I desire and direct that all my just debts shall be first
paid as soon as practicable out of my personal estate.
Second, I desire and direct that my beloved wife, Eliza Ann Budd,
shall have and receive out of my entire estate both real and personal,
such share and portion as the law of the state of Indiana in such cases
made and provided will allow to her as my widow.
Third, Whereas, my son Smith R. Budd has received from me already by
way of advancement the sum of thirteen hundred dollars ($1300), and my
daughter Dorothy Howe has received in like manner the sum of six
hundred dollars ($600), and my daughter Elizabeth A. Tabler has
received in like manner the sum of four hundred dollars ($400), I
desire and direct that in the division of the residue of my estate,
amongst my children, the aforesaid children shall be charged with said
several advancement respectively.
Fourth, I give and devise to my 2 youngest children, William T. Budd,
and Benjamin F. Budd, each the sum of Three hundred and 50 dollars
($350), which I desire shall be expended by their guardian in giving to
them and education, as far as it can be most can by most careful
management be made to go.
Fifth, I give and devise all the rest and residue of my estate both
real and personal, after the payments of my debts as aforesaid, and the
payment of said devises to my said 2 youngest children, unto all my
children, to wit: Smith R. Budd, Elizabeth A. Minerva, John, Rachel,
William F. and Benjamin F. in equal shares, share and share alike,
charging the first named 3 children with said advancements
as aforesaid in making said division to have an hold the same unto them
severally and their heirs and assigns forever, provided however, and it
is hereby expressly provided and directed by me, that the portion or
share which shall come to my said daughter Dorothy Howe, shall be taken
and held by her only for and during her period of natural life, and
after her death, I give and devise the same unto my other children to
have and to hold the same and assigns forever, it being my will and
intention that the said Dorothy shall only take a life estate in such
portion as shall come to her as aforesaid. But the devise of her
said portion as aforesaid after her death to my other children, is upon
the further promise that if at her death, my grandson John
Eiseman, her son, shall be living, then and in that case, I
devise to him, the said John Eiseman , the sum of Five hundred dollars,
our of the said portion of his said Mothers, provided there shall
remain so much at her death, to have and to hold the same with him and
his heirs and assigns forever, and the residue of her estate shall be
distributed to my said other children as aforesaid.
Sixth, I hereby constitute and appoint John B. Hancock, and my
son Smith R. Budd, Executors of this my last Will & Testament.
In testimony whereof I have hereunto set my hand and seal to my last
Will & Testament this 22nd of July,
1859.
Signed, William Budd (Seal)
Signed, sealed, declared and published by the said Wm. R. Budd as
and for his last Will & Testament, in our presence, who, in his
presence, at his request and in the presence of each other, have
hereunto subscribed our names as attesting witnesses. July
22, 1859.
M.C. Kerr & J.B. Hancock.
State of Indiana, Floyd County}SS.
John B. Hancock, on his oath , says that, he is one of the subscribing
witnesses to the last Will & testament of William Budd. Late of
said county, deceased, which is hereto attached, and that Michael C.
Kerr, whose proper name appears hereto, is the other attesting witness
to said Will, that said Will was executed by said Testator the presence
of said affiant and said Kerr, as and for his last Will, and was by
them, in his presence, at his request, and in the presence of each
other, subscribed as such witnesses, that said Testator, at the time of
the executing of said Will, was competent to devise his property, and
not under any influence or coercion of any kind or degree whatsoever,
and that said Will was duly executed by said Testator, as said
affiant verily believes, and he further says not.
John B. Hancock.
Subscribed and sworn to before me, July 28th, 1859
Witness my hand as Clerk of the court of Common Pleas, Floyd County
Indiana, and the seal of said court on the day and year above
aforesaid. Salem P. Town, Clerk.
State of Indiana, Floyd County}SS.
I, Salem P. Town, Clerk of the Court of Common Pleas of said count and
state, hereby certify that the foregoing last Will and Testament of
William Budd, late of said county, deceased, has been duly admitted to
probate, that its due execution was this day duly proven by the said
John B. Hancock, whose proof, together with the said Will have been
duly recorded in the 131st and 132nd pages of the record of
Wills in our office .
In testimony whereof I have hereunto subscribed my name and affixed the
seal of said court, this 28th day of July
1859.
Salem P. Town, Clerk F.C.C.
(Transcribed
and Contributed by Bonnie Clark)
THEODORE ELLIOTT
WILL
Date: May, 5th,
1858
See his Obit on The Obit Page
I, Theodore Elliott, of New Albany,
Indiana, do make and publish this my last Will & Testament.
First, I give and bequeath to my wife
Polly Ann Elliott all the personal property of which I may died
possessed, after the payment of my just debts.
Second, I give and bequeath to my
wife Polly Ann Elliott, all of the real estate, with all the
rights and improvements thereunto pertaining, of which I may died
seized and possessed or to which I shall be entitled at the time of my
death, to have and to hold the same to her during her natural life.
Third, I give and devise to my
daughter Ruth P. Elliott the reversion or remainder of all the real
estate, with its appurtenances, of which I may die entitled to, from
and after the decease of her mother Polly Ann Elliott, to have and to
hold the same to her and her heirs and assigns forever<>Fourth, I
do nominate and appoint Alfred W. Bentley to be the Executor of this my
last Will & Testament.
In testimony whereof, I have to this
my last Will & Testament hereunto subscribed my name
and affixed my seal this 5th day of May, 1858. Theodore
Elliott (seal).
Signed, and acknowledged by the said
Theodore Elliott, as his last Will & Testament in our presence and
signed by us in his presence. S.M. Dorsey & Joseph B.
Hart. <>State of Indiana, Floyd County}SS.
Samuel M. Dorsey being duly sworn
says the foregoing last Will & Testament of Theodore Elliott, late
of said county, deceased, was duly executed and competent to devise his
property and was not under any coercion or under influence whatsoever,
and that the same was subscribed by him, said affiant, and Joseph
B. Hart, as attesting witnesses in the presence and at his request of
said Testator, and in the presence of each other, and that the same was
executed by said Testator, in their presence and further says
not.
S. M. Dorsey.
Subscribed and sworn to before me,
this 25th day of May, 1858,
Witness my hand and seal of the Floyd
County Common Pleas Court, Indiana, the day and year above
foresaid.
Salem P. Towne, Clerk F.C.C.
State of Indiana, Floyd County}SS.
I Salem P. Town Clerk of the Common
Please Court of said county and state do hereby certify that the
foregoing last Will & Testament of Theodore Elliott, late of said
county, deceased, has been duly admitted to probate, that its due
execution was this day proven by said Samuel M. Dorsey, whose proof,
together with such Will has been duly recorded on the 101st, and 102nd
pages of the Record of Wills in our office .
In witness whereof, I have hereunto
subscribed my name and affixed the seal of our said court this 25th day
of May, 1858. Salem P. Town, F.C.C
(Transcribed
and Contributed by Bonnie Clark)
SARAH SMITH WILL
Date:Feb. 28,1853
In the name of God, Amen.
I, Sarah Smith, late Sarah Flaherty,
and formerly Sarah Drysdale, being now of sound mind but feeble body,
do make and publish this my last Will & Testament.
First. After my death it is my desire
to be buried as provided in the last Will of my first husband William
Drysdale, and by his side after the funeral of the
Methodist Episcopal Church.
Second, As to this worlds goods, with
which it has pleased God to bless me, I dispose of it as follows:
To my sister Lydia Atkinson, wife of James Atkinson, I give and
bequeath my imported carpets, and rugs, my conventry (?) chairs,
bureau, looking glass, the think parlor curtains, also two feather beds
in the parlor, and the pillows and bolsters and cases. The quilt called
the Worlds Wonder” , the oak leaf and lady finger quilt, one pair
plates candle sticks, the bed curtains, and valances, the highpoint
bedstead in the parlor, and two mosquito bars (?) spread and
valance, and the glass ware, all the china and cupboard ware, the
stair carpet and __the fire (or five ?) board, 6 __sheets, all my
wearing apparel. The oil cloth in the hall and kitchen table, all the
table cloths and ___(smeared), and white curtains, the red can (or cow
?), all the crocks, the airtight stove, the flyknest(?) and duster,
half of the small sheets, half a keg of lard, half of the
potatoes on hand, all the preserves and pickles, table covers,
one tea board, all the baskets, all the tablespoons and all the
teaspoons, except one set which I have already given to Sarah
Atkinson.
Third, it is my will and I hereby
bequeath to my sister in law Margaret Barr, wife of Francis Barr, the
following articles, the rag carpet on the warm weather room where I now
lie, the feather bed and straw bed in the same room, the parlor window
curtains in my room and the red curtains in the living room, all the
musician (?) chairs, one dessert spoon, one fancy bedstead, the Irish
chairs and small patchwork quilt, the bed valance up stairs, the dining
table in the living room, my cloth cloak, my cooking stove and the
white heifer, and one underbed.
Fourth, To my beloved husband George
M. Smith, I give and bequeath one bed and bedding, the one he now uses,
one mink which now sits in my bedroom, my gold spectacles, one hundred
dollars that Edmund L. Taylor owes me, and the next years rent of
the Flaherty farm being $150.00
Fifth, I give and bequeath to
my brother Francis Beer, also the breeding sow, and what pigs she may
have, together with all and every article, either of real or
personal property, not herein already disposed of.
Witness, my hand and seal this 28th
day of February, 1853, Signed, Sarah Smith
Sealed and acknowledged to be her
last Will and Testament by testation in our presence, and at her
request, we have attested to the same in her presence and in the
presence of each other. Witness: A. M. Collins &
Priscilla Hollis and Priscilla Hollis
State of Indiana, Floyd County}SS.
I, Angeline M. Collins and Priscilla
Hollis make oath and say that they are the subscribing witnesses to the
foregoing Will, that the same was duly executed, that the Testator at
the time of executing the same was of full age to devise her property,
and of sound mind and memory and not under any coercion and restraint.
A.M. Collins
Sworn and subscribed before me March
23rd, 1853
Witness my hand as Clerk of the
Court of Common Pleas, Floyd County, Indiana day and year above
aforesaid.
L.N. Akin, Clerk F.C.C.
1833, March 1st
I add the following codicil to my
foregoing Will. The building which I have erected on the lot
which I now reside, shall be sold by Malcom McBride, and the
proceeds given to his little son Washington Alexander, who is ___ with
me and I wish said money so invested as a ___ as much as sensible for
him, against he comes of age. All my old quilts, blankets to be equally
divided between Lydia Atkinson and Margaret Beers.
Signed, Sarah Smith
State of Indiana, Floyd County}SS.
I, James Collins and A.M. Collins
make oath and say that the witnessed the annexed codicil to the
foregoing will, that said codicil was duly executed, that the Testatrix
at the time of executing the same was of full age to devise her
property and of sound mind and memory, and not under any coercion or
restraint.
James Collins, A.M. Collins
Sworn to and Subscribed before me
Clerk of the Court of Common Pleas of Floyd County, Indiana this 23rd
day of March 1853.
In witness whereof I have hereunto
subscribed my name and affixed the seal of said Court at New Albany,
this 23rd day of March 1853.
L. N. Akin Clerk, F.C.C.
(Transcribed
and Contributed by Bonnie Clark)
NICHOLAS SPICKERT WILL
Date: Dec. 23, 1857
See his Obit on The Obit Page
I, Nicholas Spickert, aged 76 years
and 8 months, Merchant in the city of New Albany, Indiana, U.S. of
America, being of sound mind and body and desirous, before leaving this
world to dispose of such goods and effects as I am possessed of, do
make and execute this my last Will & testament.
To my beloved wife Maria Spickert, I
bequeath all my estate, real and personal that I am now, or may at my
death be, possessed of, as also my debts that may be due to me at
my death, and I enjoin the said Maria Spickert, my wife, to pay any
debts that may be due of me if any, at the time of my death.
I hereby make, constitute and appoint
my wife Maria Spickert the Executrix of this my last Will and Testament.
In witness whereof I have hereunto
set my hand and affix the seal, this 23rd day of Dec. 1857.
Signed, Nicholas Spickert (seal)
Signed, in presence of John
Spielman & Jacob Milsy
State of Indiana, Floyd County}SS.
John Speilman being duly sworn, says
that the foregoing last Will & Testament of Nicholas Spickert, late
of said county, deceased was duly executed by said Testator, that at
the time of the executing the same he was entirely competent to devise
his property, and was not under any coercion or under influence
whatsoever, and that the same was subscribed by him, said affiant and
Jacob Milsy as attesting witnesses in the presence and at the request
of said Testator, and in the presence of each other, and the same was
executed by said Testator in their presence, and further says not.
John Spielman
Subscribed and sworn to before me
this 15th day of April, 1858.
Witness my hand and seal of the Court
of Common Pleas of Floyd County, Indiana, the day and year last
aforesaid. Salem P. Town, F.C.C.
State of Indiana, Floyd County}SS
I Salem P. Town, clerk of the Court
of Common Pleas of the above name County and State hereby certify that
the foregoing last Will & Testament of Nicholas Spickert, late of
said county, deceased, has been duly admitted to probate, that its
execution was this day proven by John Spielman, whose proof together
with said Will has been duly recorded on page 94 of the Record of Wills
in our office.
In witness whereof, I have hereunto
subscribed my name and affixed the seal of the Court of
Common Pleas of said County and State this 15th day of February,
1858.
Salem P. Town, F.C.C.
(Transcribed
and Contributed by Bonnie Clark)
RUNION ELLIS WILL
Date: June 1, 1857
I, Runion Ellis of Floyd County, Indiana, do make and publish this as
my last Will & Testament, hereby revoking and making void all
former wills made by me at any time heretofore made.
First. I direct that my body be decently interred, and as to so much
worldly estate as it has pleased God to entrust me with, I dispose of
the same in the following manner, to wit:
I direct first that all my just debts and funeral expenses be paid as
soon after my decease as possible, out of the first moneys that shall
come to the hands of my Executors from any portion of my estate,
real or personal.
Second. I will unto my beloved wife Margaret Willis, all my personal
and Real estate, so long as she remains my widow or should live, but if
she should marry again she is to take her portion that the law allows
her, and the remainder to go to my son John Ellis.
In witness whereof, I, Runion Ellis, the Testator have hereunto set my
hand and seal this the first day of June in the year of Our Lord
1857. Signed, Runion Ellis (seal)
Signed, sealed, published and declared by the above testator and each
other.
Witnesses: Samuel Williams & Lafayette Livers
State of Indiana, Floyd County}SS.
Samuel Williams, one of the subscribing witnesses to the foregoing last
Will & Testament of Runion Ellis, late of said county, deceased,
makes oath and says that he witnessed the execution of said Will in the
presence, and at the request of said Testator, that said Testator was
of full age, of sound mind and memory and competent to devise his
property, and not under any coercion or restraint, and that he and said
Lafayette Livers, whose name appears as a subscribing
witness to said Will, did attest and subscribed the same in the
presence of said Runion Ellis. Samuel Williams
Subscribed and sworn to before me, this 4th day of July 1857.
In witness whereof, I have hereunto set my hand and affixed the seal
of the court of Common Pleas of Floyd County, Indiana, the day
and year above written.
Salem P. Town, F.C.C.
State of Indiana, Floyd County}SS.
I, Salem P. Towne, Clerk of the Court of Common Pleas of said county
and state do hereby certify that the last Will & testament of
Runion Ellis, late of said county, deceased, has been duly admitted to
probate, that its due execution was this day proven by Samuel Williams,
whose proof together with said Will has been duly recorded on page 80
of the Record of Wills in our office.
In witness whereof I have hereunto subscribed my name and affixed the
seal of said Court at New Albany, this 4th day of July, 1857
Salem P. Town, F.C.C.
(Transcribed
and Contributed by Bonnie Clark)
MARY BOSTOCK WILL
Date;Nov. 1, 1858
In the name of the Benevolent father of all.
I, Mary Bostock, do make and publish this my last Will & Testament.
First. I give and bequeath all the property both real and
personal of which I may die possessed to my son Daniel Bostock, and
my daughter Ellen Bostock, to be divided equally between them,
share and share alike.
Second. My daughter Mary Ann Waters having heretofore received
her share of my property, will have no interest in this my last Will
& Testament.
Third. The conduct of my son James Bostock, having been so
contrary to my wishes that I give him no interest in this my Estate.
I do hereby revoke all former Wills by me made.
In testimony whereof I have hereunto set my hand and seal this first
day of November, in the year of
1858.
Signed Mary Bostock (seal)
Signed, sealed and acknowledged by said Mary Bostock as her last
Will & Testament, in our presence, and signed by us in her
presence. N.B. Wilson & L. Sitason
State of Indiana, Floyd County}SS.
Napoleon B. Wilson, on his oath says that he is one of the subscribing
witnesses to the last Will and Testament of Mary Bostock, which is
hereto attached, that L. Sitason is the other attesting witnesses
thereto that said Will was subscribed and executed by said
Bostock in her own proper person in the presence of said affiant and of
said Sitason, who in the presence of each other at her request
subscribed our names to said Will as attesting witnesses as
aforesaid said Bostock executed said Will as aforesaid, she was
fully competent to devise her property, and was not under any
coercion or under influence whatsoever, and further says not.
Subscribed and sworn to before me this 22nd day of November, 1858.
In witnesses of which I have hereunto subscribed my name as Clerk of
the Court of Common Pleas of Floyd county, Indiana, and affix the
seal thereof, hereto this day and year last aforesaid. Salem P. Town,
F.C.Clerk.
State of Indiana, Floyd County}SS.
I, Salem P. Town, Clerk of the Common Pleas Court of said County and
state do hereby certify that the foregoing last Will 7 Testament of
Mary Bostock, late of said county, deceased has been duly admitted to
probate, that its due execution was this day duly proven by Napoleon B.
Wilson, whose proof together with such Will have been duly recorded on
page 114 of the Record of Wills in our office,
In testimony whereof I have hereunto subscribed my name and affixed the
seal of said Court at New Albany, this 22nd day of November, 1858
Salem P. Town, F.Co. Clerk.
(Transcribed
and Contributed by Bonnie Clark)
NICHOLAS
STIEN WILL
Date:June
19, 1854
In the name of god Amen.
I, Nicholas Stien of Greenville, Floyd County, Indiana, do
make and publish this my last Will & Testament, revoking all others
heretofore made.
First. My soul I commit to God who gave it and my body I wish interred
according to rites of Christian burial by my Executor.
Second. It is my will that all my just debts be paid as soon after my
decease as may be convenient.
Third. It is also my will that after my death my beloved wife shall
have and possess all my property both real and personal
wheresoever the same may be situate, to have and to hold the same to
her and her heirs and assigns during her life, with all the rights
and appurtenances thereto belonging or in any ways appertaining
and after her death to my children who may be living at her
death, or if any of them shall have married and had
children and died before her, then the children of such child to
take a part as their father or mother would if living.
Fourth. I hereby constitute and appoint my beloved wife Catherine Stien
my Executrix to perform and execute this my last Will.
In witness whereof, I have hereunto set my hand and seal this 19th day
of June 1854.
Nicholas Stien. (seal)
Signed, sealed and acknowledged in our presence and in the presence of
each other and at the request we attest as witnesses.
Nicholas Spickert & James Collins
State of Indiana, Floyd County}SS.
Nicholas Spickert, one of the subscribing witnesses to the foregoing
last Will and testament of Nicholas Stien, late of said county,
deceased, make oath and says that he witnessed the executing of
said Will in the presence and at the request of said Testator, that
said Testator was of full age, of sound mind and memory and
competent to devise his property and was not under any
coercion or restraint and that he and said James Collins whose name
appears as subscribing witness to said Will did attest and
subscribed the same in the presence of said Nicholas
Stien.
Nicholas Spickert.
Subscribed and sworn to before me, this 16th day of March, 1857.
In witness whereof I have hereunto subscribed my name and affixed the
seal of the Court of Common Pleas of said court, at the
Courthouse in New Albany, the day and year above written.
State of Indiana, Floyd County}SS.
I Salem P. Town, Clerk of the Court of Common Pleas of said county
certify that the within last Will and Testament of Nicholas Stien,
deceased, has been duly admitted to probate, that its due execution was
this day proven by Nicholas Spickert, whose proof and together with
such Will have been duly recorded on page 73 of the Record of Wills in
our office.
In witness whereof I have hereunto subscribed my name and affixed the
seal of said court, in New Albany, the 16th day of March, 1857
Salem P. Town, F.Co. Clerk.
(Transcribed
and Contributed by Bonnie Clark)
PETER ROSS SENIOR WILL.
Date: November 8,
1856
First. I bequeath to my son John Ross the piece of land that I bought
of him known as the Goin’s estate, namely his part therein, and
two dollars current money.
Second. I bequeath to my son Peter Ross Jr. two dollars in
current money, also my sorrel horse Dick and my blind mare.
Third. I bequeath to my daughter Mary Jackson one hundred dollars
in current money, also the house and tenants that I now occupy together
with a four acres of ground, confracing the orchard, provided that she
come and live in it and occupy it, but she shall not in anyways
sell or barter or trade or traffic any part thereof.
Fourth, I bequeath to my son Thomas Ross two dollars in current money.
Fifth. I bequeath to my sons Saul Ross and Rome Ross that
tract or parcel of land that I purchased of George
Scott and Augustus Turner, commencing at the corner of the Goins place
crossing Silver Creek, adjoining Shaw place. I wish to divide equally
in two parts north and south, Rome taking the part adjoining Behanel,
Saul the other part, they are not to sell or traffic, barter or trade
in anyways or manner whatever, the timber on said land, but it is to be
used expressly for the use of said land, moreover, the part of land in
the Goins estate that fell to Henry Ross by the Will of Edmund Goins,
deceased, Henry Ross now
deceased. I, Peter Ross
Senior now become heir to the said land. I do bequeath the same to my
son Rome Ross, together with my clay bank mare and gearing with
one half of the wagon.
Sixth. I bequeath to my son Eli the home place containing seventy acres
more or less, providing Mary take the four acres before mentioned to
reside on. But the said Eli Ross is not to sell, trade or traffic the
aforesaid land in no manner whatever. I also bequeath to my son
Eli my sorrel mare with the gearing with one half of the
wagon, my beds, bedding and house furniture and farming
utensils I give and bequeath to my son Saul Ross, Eli Ross
and Rome Ross, if Mary Jackson should come and live on the four
acres assigned her, I give her my clock, One hundred dollars, I
loaned Willis Nelson is to be collected with interest from date after
Mary receives one hundred dollars. The remainder of my money shall be
equally divided between my sons, Saul Ross, Eli Ross, Rome Ross,
my cows and yearling heifer with my hogs I give to my sons Saul Ross,
Eli Ross, and Rome Ross. I leave my son Saul Ross my
administrator. Signed Peter Ross Sr.
Signed, sealed, pronounced and declared by the said peter Ross Sr. as
his last Will and Testament in the presence of the subscriber.
William Keller, Ephriam Keller, Samuel Stubblefield.
State of Indiana, Floyd County}SS.
William Keller, and Ephriam Keller of lawful age, state on oath that
the above paper writing, purporting to be the last Will & Testament
of peter Ross Sr. was by said Ross signed and declared to be his last
Will & Testament in the presence of these affiants and of
Samuel Stubblefield, who at the request of said Ross, attested
and subscribed the same in his presence, and in the presence of each
other, as subscribing witnesses thereto, affiants further state
that said paper writing was read to said peter Ross Sr. by William
Keller, one of these affiants, before said Ross signed the same,
and that said Ross at the time of executing said paper writing was over
the age of 21 years, of sound mind and disposing memory, fully
competent to devise his property and not under coercion or
restraint, and at the time of his death was an inhabitant of said
county, and they further say
not.
William R. Keller, Ephriam Keller.
Subscribed and sworn to in open Court, April 10,1858
In witness whereof, I have hereunto set my hand and affixed the seal
thereof, the day and year above
aforesaid.
Salem P. Town, . Clerk, F.C.
State of Indiana, Floyd County}SS.
I, Salem P. Town, Clerk of the Common Pleas of said county and
state, do hereby certify that the foregoing last Will & Testament
of Peter Ross Sr., late of said county, deceased, has been duly
admitted to probate, that it s due execution was duly proven, in open
court, by William R. Keller, and Ephriam Keller whose proof,
together with such Will have been duly recorded on pages 97 and 98 of
the Record of Wills in our office.
In witness whereof I have hereunto set my hand and affixed the
seal of said court this 10th day of April,
1858.
Salem P. Town, Clerk F.C.
(Transcribed
and Contributed by Bonnie Clark)
HOWARD
WALKER WILL
Date:
Oct.20,1857
I, Howard Walker of Floyd County, Indiana do make and publish this my
last Will & Testament.
As my daughter Charlotte who was married to Francis Lang, but who is
now dead, and my daughter Margaret, who is married to Andrew
Schollars both received their full share of my property by way of
advancement, it is my will that all my property real and personal
remaining at the time of my death be divided as follows:
First, As pursuant to a contract in consideration of the marriage
entered into between myself and my present wife Jane, I did on the 13th
day of November 1846, convey to her a tract of land containing about 74
acres, being the east half of the North-west quarter of section 3 in
township 2 of range 6 East, in the county of Floyd , Indiana, in
consideration of her voluntary release and relinquishment of any
and all claims or right of dower in any lands or tenants whereof
I might be seized at the time of my death, and whereas she has since
with my consent, sold said tract of land for the sum of $200, and
placed said sum in deposits in her name at the office of the New
Albany Insurance Company, in the city of new Albany. I give and devise
to her said sum of five hundred dollars, or whatsoever part thereof
there may remain on deposit in said office or at any other place to
which the said money may have been received at the time of my death.
And I also devise to her all the household and kitchen furniture
in and about the house wherein I do or may reside, and I also
devise to her Lot # 3 in Winstandley and Newkirks, that of
lots in the city of New Albany with the house in which I now reside and
all the messages, appurtenances and improvements on said lot to have
and to hold during her natural life, but at her death said Lot,
house messages and appurtenances and improvements shall pass with the
residue of my estate, not herein otherwise specifically disposed of to
the person hereinafter mentioned as the devises of such residue.
These devises to my said wife was intended to be are to be taken by her
in full of all claims against any other part of my estate and in
lieu of her right of dower or as my heir, and any other right or claim
she might otherwise have to share in any other part of my estate.
Second. All the rest and residue of my property consisting of Notes,
and other evidences of debt owing to me and such other personal
property as may be found and my real estate when sold and converted
into personal property in the manner hereinafter provided, I devise to
my children , John, Gideon, William, Isaac, James and Alexander Walker,
and Delilia, who is married to Isaac Elliott, and to my
grandchildren, John, Charles, and David Irwin, sons of my
daughter Francis who was the wife of Stephen Irwin, and is now
dead. Each of my said children to have one equal eighth part or
share thereof, and my said grandchildren to have one eighth or
share thereof collectively, to be equally divided between them.
Third. I devise all my real estate, except the life estate of my
said wife Jane in said Lot #3 hereinbefore devise to her, to my
Executor in trust, to sell the same and divide the proceeds as above
mentioned, and I direct that he shall within one year, after my
decease, cause all my said real estate devised to him to be sold at
public auction, giving reasonable and proper notice and require the
purchasers to pay one fourth of the purchase money in cash upon
receiving the deed or deeds and giving a credit of sixteen to eighteen
months for the balance after purchase money, unless in his opinion
strong reason shall exist for delay, in which case, he shall make sale
of said real estate as aforesaid within 3 years after my decease.
Fourth. I further direct that my executor shall proceed to collect all
debts due to my estate whether arising from the sale of said real
estate or otherwise as the same becomes due and payable, and after
paying all debts and necessary expenses to divide the proceeds among
the several legatees, above named in the proportions above specified,
and if any of said legatees should die before I do, leaving descendants
issue of their body, the share of said legatee shall be paid to his or
her said descendants.
Fifth, I appoint Thomas L. Smith of the City of New Albany my Executor
to carry into effect my intentions herein expressed.
Witness my hand and seal this 20th day of October, 1857.
Howard Walker (seal)
The foregoing will was signed, sealed and published in our presence by
Howard Walker as his last Will & Testament on this day and year
last therein written as its date, we being called upon as witnesses and
attesting the same by subscribing our names hereto in his presence this
20th day of October, 1857, Michael C.
Kerr & Peter Weinmann
State of Indiana, Floyd County}SS
Michael C. Kerr on his oath say, that he is one of the subscribing
witnesses to the last Will & Testament of Howard Walker, which is
hereto attached, that Peter Weinmann is the other attesting witness
that said Will was subscribed and executed by said Howard Walker, in
his own proper person, in the presence of said affiant, and said
Weinmann, who in the presence of each other, at his request, subscribed
our names to said Will as attesting witnesses as aforesaid, that at the
time said Walker executed this Will as aforesaid he was fully
competent to devise his property and was not under any coercion or
under influence whatsoever, and further says not.
Michael C. Kerr
Subscribed and sworn to before me this 15th day of Sept, 1858
In witness whereof, I have hereunto subscribed my name as clerk of the
Court of Common Pleas of Floyd Count, Indiana , and affixed the
seal thereof hereto this day and year last
aforesaid.
Salem P. Town. Clerk. F.C.
State of Indiana, Floyd County}SS.
I, Salem P. Town, Clerk of the Common Pleas of Floyd County, Indiana,
hereby certify that the foregoing last Will & Testament of
Howard Walker, late of said county, deceased, has been duly admitted to
probate, that its due execution was this day proven by Michael c.
Kerr, whose proof, together with such Will has been duly recorded on
pages 109 & 110 of the Record of Wills in our office.
In witness whereof, I have hereunto subscribed my name and affixed the
seal of said court this 15th day of Sept. 1858.
Salem P. Town, Clerk F.C.
(Transcribed
and Contributed by Bonnie Clark)
JANE SEASE WILL
Date: June
8, 1847
State of Indiana, Floyd County.
Be it remembered that on this 5th day of November, 1858, there was
produced before me, the Clerk of the Floyd County Court of
Common Pleas by Charles Storey, a paper writing purporting to be
the last Will & Testament of Jane Sease, which reads in
the words and figures following: to wit:
The last Will & Testament of Jane Sease.
I, Jane Sease being of sound mind and disposing memory do make and
declare this my last Will & Testament.
First. It is my wish and desire that, after my death, that I shall be
decently interred, with and by the side of my late husband, George
Sease by my friends. That my funeral expenses and my just debts be paid.
Second. I wish all the property belong to me at my death, of
every kind whatsoever, real, personal and mixed to be divided equally
among my children, Mary Ann Decker, wife of Tristan Decker,
Matilda Jane Sease, Emily storey, wife of Charles Storey, Saul
Sease, Moses Sease, Margaret Sease, and Catherine Sease, my other
children having been advanced by me, and having received
all that they are fairly entitled to have from me.
In testimony whereof I have hereunto set my hand and seal this 8th day
of June, 1847.
Jane Sease (seal)
Jane Sease the above and foregoing devisee in our
presence, and all in the presence of each other, did declare, on the
said 8th of June 1847, that the above was her last Will 7 Testament,
and that she subscribed her name and affixed her seal thereto, and
requested us to witness the same as such. Henry Collins &
Isaac A. Akin
And at the same time also comes before me Robert M. Wier, who being by
me duly sworn says, that he was well acquainted with the attesting
witness Isaac A. Akin, that said Akin, is to said Weirs own knowledge
dead, and that the foregoing attestation to the original Will is in his
said Akins hand writing, with which he, said Weir is and was intimately
acquainted, he often seeing him write, and that he believes the
foregoing attestation of said Will, by said Akins is true and
genuine.
R.M. Weir
And on the same day and at the same time comes James Collins who being
also by me duly sworn says that he was well acquainted with Henry
Collins whose name also appears to the foregoing attestation, that said
Henry Collins is also dead, that he, said James Collins is and was well
acquainted with the hand writing of said Henry Collins by seeing him
write frequently, that his name to the foregoing attestation is in said
Henry Collins handwriting, and that he, said James Collins believes
said attestation and signature to be true and
genuine. James Collins
State of Indiana, Floyd County}SS.
Before me, Salem P. Town, Clerk of the Court of Common Pleas, of Floyd
County, Indiana, came Robert M. Weir and James Collins subscribed and
were sworn to the following affidants. Witness my hand and seal of the
said Court hereto affixed this 5th day of November,
1858. Salem P. Town, Clerk F.C.
State of Indiana, Floyd County}SS.
I, Salem P. Town, Clerk of the Court of Common Pleas, Floyd County,
Indiana, hereby certify that the foregoing last Will 7 Testament of
Jane Sease, late of said county, deceased, has been duly admitted
to probate, that it due execution was this day duly proven by the
affidants of Robert M. Weir and James Collins to the
genunineness of the signatures of Henry Collins, and
Isaac N. Akin, as attesting witnesses to said Will, and that said
attesting witnesses are both dead, whose proof together with such Will
have been duly recorded in the 112th and 113th pages of the Record of
Wills in our office.
In testimony whereof, I have hereunto subscribed my name and affixed
the seal of said court this 5th day of November, 1858
Salem P. Town, Clerk F.C.
(Transcribed
and Contributed by Bonnie Clark)
HIRAM WILLSON WILL
Date:
Feb. 21, 1859
I Hiram Willson of New Albany, Indiana do make and publish the
following as his last Will and Testament .
1st, I give and devise to my brother Ausbury C. Willson of New
Albany, Indiana, lot # 64 on Upper Elm Street in Johns Corners, plat 50
feet by 160 feet together with the improvements to the same.
2nd, I give and bequeath to my sister Nancy O. Pinkerton of
Sigourney, state of Iowa, the sum of $300 in money.
3rd, I give and devise all the rest of my property, after the of my
just debts, of whatever kind, and all money and stock in trade
in equal proportions to my 4 children, viz: To Bryon F.
Willson, Augustus E. Willson, Mary F. Willson, and Hiram
Willson Jr.
4th, I appoint Bryon F. Willson, my eldest son, the guardian of my
other 3 children, both of their person and their property.
5th, I appoint Bryon F. Willson, my eldest son of New Albany, Indiana,
Ausbury C. Willson, my brother of New Albany, Indiana, and Wm. L.
Bowler of Gennirose, New York, the Executors of this my
last Will & Testament.
6th, It is my will that my executors shall dispose of all my personal
property, including my household furniture, for money, and that my son
Bryon F. Willson have his portion of it, viz: one fourth part of same
paid over to him, as soon as such sale can conveniently be made,
without sacrifice of property, and that the balance shall
be vested in State stocks or some other safe investment for my
other 3 children on becoming of age.
7th , It is my will that said guardian of my 3 minor children see that
they have a good English education in all branches of English
Literature, and all the departments of the natural sciences suitable
for persons with their condition to acquire.
8th, I hereby revoke all former Wills and devises.
Witness my hand and seal this Monday, the 21st day of February,
1859.
Signed, Hiram Willson (seal)
Signed, sealed and published in our presence who witnesses the same at
his request and in his presence . John M. Willson, & J.D.
Kelso.
State of Indiana, Floyd County}SS.
We, John M. Willson and Jonathan D Kelso, being duly sworn
on oath say that the foregoing last Will & Testament of Hiram
Willson, late of said county, deceased, was duly executed by said
Testator, that at the time of the executing the same he was entirely
competent to devise his property, and was not under any coercion
or under influence whatever, and that the same was subscribed by
them said affiants, as attesting witnesses in the presence and at the
request of said Testator, and in the presence of each other, and
that the same was executed by said Hiram Willson in their presence and
further says not.
John M. Willson, & Jonathan D. Kelso
Subscribed and sworn to before me the Clerk of the Floyd County Common
Pleas of Floyd County, Indiana, this 28th day of February 1859.
Witness my hand and seal of the said court on the day and year above
aforesaid.
Salem P. Town, Clerk F.C.C.
State of Indiana, Floyd County}SS.
I, Salem P. Town, Clerk of the Common Pleas court of said county and
state, do hereby certify that the foregoing last Will and Testament of
Hiram Willson, late of said county, deceased, has been duly admitted to
probate, that its due execution was proven this day by John M. Willson
and Jonathan D. Kelso whose proof together with such Will have been
duly recorded on the 125th and 126th pages of the Record of Wills in
our office.
In witness whereof, I have hereunto subscribed my hand and affixed the
seal of said court this 28th day February, 1859.
Salem P. Towne
(Transcribed
and Contributed by Bonnie Clark)
In the matter of probate for the
SUSAN WRIGHT WILL
Date; Feb.14,1852
State of Indiana, Floyd County}SS.
Be it remembered that on this 2nd day of September, 1857, the following
instrument in writing was filed in the office of the Clerk of the
Common Pleas Court, Floyd County, Indiana, to wit:
Orange Surrogate Court:
At a surrogate’s court held at the Surrogate office in Newburg, in and
for the county of Orange, on the 3rd day of February 1854.
James w. Fowler, Surroagte.
In the matter of proving the last Will & Testament of Susan Wright,
deceased.
On reading and filing the petition of Robert Wright, one of the
executors named in the last Will & Testament of Susan Wright, late
of said county, deceased, propounding the said last Will &
Testament for probate as a Will of Real and personal Estate, it
is ordered, that a citation issue to the proper persons, pursuant to
the Statute in such cases made and provided, requiring them to appear
before the Surrogate of the county of Orange, at his office in
Newburgh, in said county, on the night day of March , next, at 10
o’clock in the forenoon, of that day, to attend the probate of said
Will . Whereupon, in pursuance of said order, a citation was issued, of
which the following is a true copy, viz:
The People of the State of New York.
To William Wright, Frances Wright, Alexander Wright, Jane Wright, Susan
Wright, and Margaret wife of Robert W. Boyd, residing in
the county of Orange, and john Wright, residing in the town of
Manakoting, in the county the county of Sullivan, heirs at law and next
of kin of Susan Wright, late of the town of Newburgh, in the county of
Orange, deceased,.
Greeting:
You are hereby cited to be and appear before the Surrogate of the
county of Orange, at his office in Newburgh, in said county, on the 9th
day of March next, at 10 o’clock in the forenoon of that day. To
attend probate of a certain instrument in writing purporting to be the
last Will & Testament of said deceased, Susan Wright, bearing
date the 14th day of February, 1852, on the application of Robert
Wright, claiming to be one of the executors thereof, which said
Will relates to, and is offered for probate, as a Will of Real and
personal estate.
In testimony whereof, we have caused the seal of Office of our said
Surrogate of the county of orange to be hereby affixed.
Witness: James W. Fowler, Surrogate of said county of Newburgh, in said
county, the 3rd day of February 1854. Signed, James W. Fowler,
Surrogate
Orange Surrogate Court.
At a Surrogate court held at the Surrogate office in Newburgh, in and
for the county of Orange, on the 9th day of March, 1854.
Present James W. Fowler, Surrogate.
Robert Wright the petitioner in this matter, and one of the executors
names in the last Will & Testament of Susan Wright, late of the
town of Newburgh, in the county of Orange, deceased, appeared this day
and produced proofs of the due source of the citation heretofore issued
in this matter, and as no one else appearing in this matter, also
produce and satisfactory proofs of the due execution and publication of
said Will, which said proofs by affidant of the due service of the said
citation issued therein, and the said proofs of due execution and
publication of the said Will, and the said Will, are as follows, viz:
I hereby admit due personal service of the Citation of which the within
is a copy.
Alexander Wright.
I admit due personal service of the within Citation .
William Wright.
ORANGE County]SS
Robert Wright of the town of Newburgh, in said county being duly sworn,
says, that he served the within Citation on Francis Wright, Jane
Wright, Susan Wright, Robert W. Boyd, and Margaret his wife, more
than l8 days previous to this 9th of march, 1854, by delivering a
copy thereof to each personally, and that he saw William Wright
subscribe the admission of due service of said Citation, herein issued,
and that he served said Citation on John Wright, by delivering a
copy thereof to him personally, more than 15 days previous to this 9th
day of March, 1854. Signed, Robert Wright.
Sworn this 9th day of March, 1854 before me. Signed, James W. Fowler,
Surrogate.
Orange Surrogate Court}
In the matter of proving the last Will & testament of Susan Wright,
deceased.
State of New York, Orange County}ss.
Edmund Von Orsdall of the town of Montgomery, in the county of orange,
and David Belknap, of the town of Newburgh, in the county of Orange,
having on this 9th day of March 1854, personally appeared before James
W. Fowler, the Surrogate of the county of Orange, and being by
the said Surrogate severally duly sworn and examined, depose and say,
and each for himself says, that he was well acquainted with Susan
Wright, deceased, late of the town of Newburgh, , in said
county of Orange, and the deponents further says and each for
himself says, that he was present as a witness and did see the said
Susan Wright, now deceased, subscribe by making her mark at the end
thereof the instrument now produced and shown to the deponents,
purporting to be the last Will & Testament of the said Susan
Wright, deceased, bearing date of the 14th day of February 1852,
that each subscription was made by the said Susan Wright, now
deceased, in the presence of these deponents, subscribing
witnesses to said Will, that the said Susan Wright, at the same
time declared the instrument so subscribed by her to be her last Will
and Testament:
Whereupon, these deponents signed their names at the end of the said
Will at the request of the said Susan Wright, now deceased, and that
the said Susan Wright, at the time of executing and publishing the said
last Will & Testament was of full age, of sound mind and memory,
and not under any restraint, and was a widow. And this deponent,
Edward Van Orsdall, for himself further says that he drew
up and wrote the said Will at the request and in accordance with the
directions of the said deceased, that after he had so written said Will
he read over the same to the said deceased carefully, and correctly,
who thereinafter approved of and executed the same as before stated,
and that the said Will is now in all respects the same as when so
executed as aforesaid with out alteration or
changes.
Signed, Edmund Von Orsdall, & David Belknap.
Sworn and examined this 9th day of March, 1854 before me.
James W. Fowler, Surrogate
WILL:
Date: February 14,1852
In the name of God
Amen.
I, Susan Wright, of the town of Newburgh, and county
of Orange, do this 14th day of February, 1852 make this my last Will
& Testament.
First. I give and bequeath to my 2 daughters, Jane Wright & Susan
Wright, all of my household furniture to be eckeley (sic) {equally }
divided among them.
Second. I give and devise and bequeath unto my daughters
Jane Wright and Susan Wright, all of my Real Estate in the state of
Indiana, formerly owned by james Wright, deceased, and all my Real
Estate, land and tenaments whatsoever and wheresoever to be
divided among them, but I order and direct that my daughter Susan,
shall have out of the same $100 dollars more than Jane, to them
their heirs and assigns forever.
Third. I given and bequeath unto my tow aforesaid daughters Jane Wright
and Susan Wright all of my personal estate of whatsoever nature
or kind to be by them equally divided.
And lastly I do hereby nominate, constitute and appoint my 2 sons
Robert Wrigtht and Francis Wright, executors to this my last Will
& Testament, hereby revoking all former Wills by me made.
In witness whereof I have hereunto set my hand and seal the day and
year above written.
Susan Wright (seal)
The above instrument consisting of one sheet of paper was subscribed by
the Testatrix in the presence of each of us, and the same time declared
by her to be her last Will & Testament, and we at her request
signed our names hereto as attesting witnesses.
Edmund Von Orsdall of Montgomery, Orange County.
David Belknap, of Newburgh, Orange County.
Whereupon it is ordered, adjudged and decreed by the said Surrogate
that the said Will was duly executed, and is genuine and valid, and
that the said Susan Wright, at the time of executing and publishing the
same was in every respect competent to devise Real Estate and was
not under any restraint. And it is hereby further ordered, adjudged and
decreed that the said Will and the proof and examinations taken
in respect to the same be recorded. That the said Will be, and is
hereby established as a Will of Record and personal Estate, and that
___ Testamentary therein be granted and issued to the
said Robert Wright, one of the Executors named therein, he first taking
the oath or affirmation request by law. Signed, James
W. Fowler. Surrogate.
Orange Count Surrogate Office}SS.
I hereby certify that the proceeding to be a true record of the
last Will & Testament of Susan Wright, late of the town of
Newburgh, in the county of Orange, deceased, and of all the
proceedings had in relation to the proof thereof as a Will
of Real and personal
Estate.
Signed, James W. Fowler, Surrogate.
State of New York, Orange County}SS.
Surrogates Office.
I, John C. McConnell, the Surrogate of the county of Orange do hereby
certify that I have compared the proceeding with the original record of
the last Will & Testament of Susan Wright, late of the town of
Newburgh, in the county of Orange, deceased, and of all the proceedings
had in relation to the proof thereof as a Will of Real and
personal Estate, now remaining in this office in Liber T. of
Wills on pages 237,238,239 & 249; that the same is a true and
correct exemplification of the said original record of the said last
Will & Testament of Susan Wright, and the proceeding had in
relation to the proof thereof as a Will of Real and personal
Estate, and the whole of said original record. And I
further certify that I am the keeper of the records in the said office
and my own clerk.
In testimony whereof , I have hereunto subscribed my name and
affixed my seal of office, this 13th day of July
1857.
John C. McConnell, Surrogate.
State of New York, Orange County}SS.
We the Justices of the Supreme Court of the State of New York, at
a general term thereof bow held for the Second Judicial
District of said State, composed of the counties of Richmond,
Suffolk, Queens, Kings, Westchester, Orange, Rockland, Putnam, and
Deitches, do hereby certify that the foregoing certificate of John C.
McConnell, the Surrogate of the county of Orange is authentic, by
the proper office, and in due form of law, and further that the said
Supreme Court has supervision of the acts of such officer on
appeal.
In testimony whereof we hereto subscribe our names at a general
term of said court held at the courthouse in the village of Newburgh in
the county of Orange, this 14th day of July, 1857. Signed:
L.B. Sudrey, Na. Harris, Lucien Birdsay,
State of New York, Orange County}SS.
Clerk’s Office
I, Charles Drake, Clerk of the county of Orange and also clerk of the
Supreme Court of said State, do hereby certify that John C. McConnell,
whose name is subscribed to the certificate of the foregoing
exemplification, and therein written, was at the time of making
such certificate, the Surrogate of said court of Orange, dwelling in
said county, elected and sworn and duly authorized to make the
same, and further that I am well acquainted with the hand writing
of the said Surrogate, having frequently seen him write, and I verily
believe that the signature to the said certificate is the genuine hand
writing and signature of the said Surrogate.
In testimony whereof, I have hereunto subscribed my name and affixed
the seal of the said Court, and County, this 14th day of July
1856.
Charles Drake, Clerk
(Transcribed
and Contributed by Bonnie Clark)
MATHIAS DOWERMAN
WILL
Date: Apr.15,1857
FLOYD COUNTY,
INDIANA
First. I desire and direct that all my lawful debts shall be fully paid
at as early a period after my decease as conveniently may be by my
executors.
Second. After the payment of my debts as aforesaid, I give and devise
all my estate, both real and personal, to Susanna Dowerman, my beloved
wife, to have and to hold the same, and to have and use as she
may think best for her own comfort and support, and for the maintenance
of my family, the rents and profits thereof, during the period of
her natural life.
Third. After the decease of my wife, I give and devise all my real
estate, and such of my personal estate as shall remain and be
undisposed of by my said wife for the purposes aforesaid