JAMES H. BLOSSOM, WILL
Greenville, Floyd
County, Indiana
Date; Apr. 18, 1855
First: I give and bequeath unto Sarah
h. Blossom, my wife, all my personal and real Estate, after the
payments of all my debts, to have and to hold the same for and during
her widowhood and to have the full use and enjoyment thereof and of all
the rents and profits thereof , for the support and maintenance and
education of all my children, and of herself, during the said period.
Second; If my said wife
shall marry again, then and in that case, I give and bequeath unto her
the sum of $500, to have and to hold the same to her own absolute
use forever, and I hereby direct my Executors to pay to her the said
$500 out of the first moneys that shall come into their hands from my
estate, after her said marriage, of if, she shall so request, I desire
them to let her take in part payment of the said $500, such articles of
my personal property, as she may choose at the appraised or fair cash
value thereof.
Third; I hereby direct my Executors,
as soon as may be after the marriage of my said wife, to settle up and
convert my Estate into money and pay the said $500 to her, and
pay to the guardians or guardian of
all my children the shares of said children respectively, to be by such
guardian used for the support and education of said children in the
manner most beneficial to such children.
Fifth; I direct that the policy of
Insurance taken out upon my life, in the name and for the benefit of my
former wife, Mary E. Blossom, be collected by my executors and made
part of the general assets of my estate so far as to be disposed
of and distributed according to the bequests herein before made for the
sole benefit of my said wife and children.
Sixth. I hereby constitute and
appoint as Executors of this my last Will & Testament, my brother
Chalmer D. Blossom, and my friend Michael C. Kerr, and request them to
act as such, and in case of the death, or refusal to act of either of
my said Executors, I desire the other to assume the whole trust.
In witness whereof, I have hereunto
set my hand and seal this 18th of April, 1855 A.D.
James F. Blossom (seal)
Signed, sealed and acknowledged by
the said James F. Blossom, as and for his last Will & Testament, in
the presence of us who in his presence and in the presence of each
other at his request, have hereunto subscribed our names as
witnesses.
Thomas L. Smith & M.C. Kerr
(witnesses)
State of Indiana, Floyd County}SS
Michael C. Kerr, being duly sworn,
says, that he is one of the subscribing witnesses to the last
Will & testament of James F. blossom, deceased, that said Will was
duly executed, that the said Testator was fully competent at the time
of the making the same to devise his property, that said Will was made
by said Testator, without any coercion, whatever, and that he, the said
affiant, and Thomas L. Smith, whose genuine signature appears to said
Will, witnessed the same at the request and in the presence of said
Testator.
Michael C. Kerr.
State of Indiana, Floyd County}
I, Salem P. Town, clerk of the court
of Common Pleas of the said state and county , certify that the within
last Will & Testament of James F. Blossom, 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
have been duly recorded on the 41st and 42nd pages of the Record
of Wills Book in our office.
In witness whereof, I have hereunto
set my hand and affixed the seal of said Court, this 27th of August.
1855. Salem P. Town, Clerk
Subscribed and sworn to before me the
27th of August, 1855
In witness whereof, I have hereto set
my hand and affix the seal of the Court of Common Pleas of Floyd
County, Indiana the 27th of August, 1855.
Salem P. Town, Clerk
Common Please Court.
JOHN ANTWYNE, WILL
Date: Sept. 9, 1856
First; I desire and direct that all
my just debts shall be fully paid out of my estate.
Second; I hereby give and devise all
the residue of my Estate, after the payments of my debts, both real and
personal to my wife Susan Antwyne, to have and to hold during the
period of her natural life and to use and enjoy the use and rents and
profits of the same.
Third; I give and devise to my
children John and Catherine Antwyne, all my estate both real and
personal, after the death of my said wife , to have and to hold the
same in equal parts, share and share alike to them and their heirs and
assigns forever.
Fourth; I hereby constitute and
appoint my friend Adam Knapp to be executor of this my last Will &
Testament.
In witness whereof, I have hereunto
set my hand and seal, this 8th of Sept. 1856.
John Antwyne (seal)
Signed, sealed and declared by the
said John Antwyne, as and for his last Will & Testament in the
presence of us who by his request, in the presence of him and each
other, have subscribed our names hereto as witnesses.
M.C. Kerr, Adam Knapp, & Martin
Henn
State of Indiana, Floyd County}SS.
Michael C. Kerr, being duly sworn ,
says that the foregoing last Will & Testament of John Antwyne was
duly executed by him, that the said Testator, at the time of executing
the same, was competent to devise his property, and he was under no
coercion, and that the said Testator was subscribed by the
affiant as a witness thereto, and also by the said Adam Knapp and
Martin Henn in the presence and at the request of said Testator and in
the presence of each other, and further says not.
Michael C. Kerr
Subscribed and sworn to before me,
this 11th of Sep. 1856
In witness whereof, I have hereto set
my hand as clerk of the Court of Common Pleas of said county and affix
the seal of said court at the court house in New Albany, the day and
year last above written.
Salem P. Town, Clerk
State of Indiana, Floyd County}SS.
I, Salem P. Town, Clerk of the Court
of Common Pleas of Floyd County, Indiana, certify that the within last
Will & Testament of John Antwyne, late of said county, deceased,
was duly admitted to probate, that its due execution was this day
proven by Michael C. Kerr, whose proof, together with such Will have
been duly recorded on the 69th & 70th pages of the Record of Wills
in our office.
In witness whereof I have hereto
subscribed my hand and affixed the seal of said court, this 11th of
Sept. 1856
Salem P. Town, Clerk
ALEXANDER HAMILTON WILL
Date: Jan. 2,1849
I, Alexander Hamilton of the city of
New Albany, Floyd Co. Indiana, being of sound mind and memory, do make
and publish this as my last Will & Testament, manner and form
following.
First: I give and bequeath to John T.
Shields, my father-in-law, and unto his heirs and assigns to hold
forever. A certain lot, track or parcel of land with all its
appurtenances unto situated lying and being in the towns of Portland,
Jefferson County, Ky. Known as lot 118, on square number 90.
I further bequeath to my wife Eliza
Jane, and my daughter Margaret Adelaide the remainder of my real or
personal estate, goods and chattels of what kind, natures so ever.
I now or may hereafter possess.
I furthermore appoint my wife Eliza
Jane, sole executrix of this my last Will & Testament.
In witness whereof, I have
hereunto set my hand and seal this 2nd of January, in the year of Our
Lord
1849.
A. Hamilton (seal)
The above instrument was ___ here
subscribed by A. Hamilton, the testator, in the presence of each of us
and was at the same time declared by him to be his last Will &
Testament, and we at his request sign our names, hereto, as attesting
witnesses.
H. H. Roger, Resides in New Albany,
IN. (seal)
Jm. Sesten, Resides in New Albany,
IN. (seal)
Sept. 20th, 1853
I this day read the above Will of A.
Hamilton, to him, and he states to me that he wished it to be his last
Will & Testament. David Crane
State of Indiana, Floyd County} SS
David Crane makes oath and says that
he witnesses the foregoing Will & Testament of the wish of the
testator, that the testator at the time of the executing the same was
of full age to devise his property and of sound mind and memory and not
under coercion and restraint as he verily believes. David Crane
Subscribed and sworn to before me
this 1st of November 1853
J. N. Akin, Clerk by R. M. Weir
Deputy.
Witness my hand and the seal of said
court hereto affixed the day and year aforesaid.
JOHN H. ANTHONY, WILL
Date: Sept. 10,1850
I, John H. Anthony of Floyd County,
Indiana, being of sound mind and disposing memory and understanding, do
hereby make, publish and declare this to be my last Will &
Testament, hereby revoking all former Will and testaments.
First. My will is that my funeral
charges and just debts be paid by my Executors.
Second. I give and bequeath all my
real estate consisting of Lot # 1, Lower 1st Street in New Albany, the
west 20 feet of Lot # 4, on the north side of Lower High street
in said city, also Lot # 10, of the Griffin tract in the County of
Floyd, to my mother Sarah Ann Anthony, for her sole and separate
use, separate and apart from her husband.
In testimony whereof I the said John
H. Anthony have here subscribed my name and affixed my seal this 10th
of Sept. 1850. John H. Anthony (seal)
Signed, sealed and delivered by said
John H. Anthony to be his last Will & Testament, in the presence of
us who at his request, and in his presence have subscribed our names as
witnesses hereto, in the presence of each other.
E. S. Whistler & Isaac Hunt.
State of Indiana, Floyd County}SS
Ephriam S. Whistler being duly sworn,
says, that he is a subscribing witness to the foregoing last Will &
Testament of John H. Anthony, late of said county, deceased. That the
said Testator at the time of executing the same was competent to devise
his property, and not under any coercion . E.S. Whistler.
Subscribed to and sworn to before me
this 29th of June, 1864,
Salem P. Town, Clerk of the Court of
Common Pleas, of said County, and the seal thereof, hereto
affixed, the day and year above written. Salem P. own, Clerk
JOHN FARRELL, WILL
Date: June 2, 1856
First. I hereby give and devise unto
Jane Ferrell, my wife, all of my estate, both real and personal of
whatever kind to have and to hold the same, and to have exclusive use
and enjoyment of all the rents and profits thereof, during the period
of her natural life, and if, in her opinion it shall be come necessary
to sell any part or portion of my estate, either real or personal, at
any time, for the purpose of securing a more ample and complete
provision for her own personal support and comfort, she is hereby
directed and full authorized to sell and convey the same for such
purpose, and to execute all necessary conveyance therefore. It being my
earnest desire and intention hereby to make full and liberal provisions
for her support and comfort after my decease.
Second, I hereby give and devise unto
my 2 nieces, Mary Farrell, and Catherine Farrell, the only surviving
children of Edward Farrell, my brother, the entire residue of my
estate, both real and personal, which shall remain after the decease of
my wife, share and share alike, except as in hereafter provided, to
have and to hold the same to them and their heirs and assigns forever.
Third, If the residue of my said
estate, after the decease of my wife, shall exceed in value the sum of
$4000, then and in that case, I give and devise unto M. Maurice
(?) Saint Palais of Vincennes, Catholic Administrator of the
Diocese of Indiana, the sum of $1000, provided the said residue
shall so much exceed $4000, and if the said residue shall fall short of
$5000, then whatever sum the said residue shall exceed $4000, in
trust for the following purpose, and no others, two-wit: For the
purpose of finishing and decorating(?) or either or both, as may be
deemed necessary, the Roman Catholic Church Edifice in the city of New
Albany, erected upon lots #5,6,7,& 8 in the subdivision of out lot
letter “E” , between Upper High Street and Upper Market Streets in said
city said finishing and decorating of said Edifice to be conducted
under the supervision of the proper offices of said church.
Fourth, I hereby constitute and
appoint Jane Ferrell, my said wife, as sole Executrix of this my last
Will & Testament.
In witness whereof, I have hereunto
set my hand and seal this 2nd of June, 1856.
John Farrell, (seal)
Signed, sealed by the said John
Farrell, as and for his last Will & Testament, in the presence of
us, who in his presence and at his request have hereto subscribed our
names as witnesses.
Bela C. Kent , New Albany
Michael C. Kerr, New Albany
State of Indiana, Floyd County}SS
Michael C. Kerr, being duly sworn,
says that the foregoing instrument as he verily believes is the last
Will & Testament of john Farrell, late of said county, deceased,
that the same was duly executed, and that at the time of executing the
same, said Farrell was entirely competent to devise his estate,
and was not under any coercion or influence whatsoever, and said Will
was subscribed by him in the presence of said affiant and Bela C. Kent,
who in the presence of said Farrell and of each other, and at the
request of said Farrell subscribed the same as attesting witnesses, and
further says not.
Michael C. Kerr.
Subscribed and sworn to before me
Oct. 5,1857
Witness my hand and seal of the Court
of Common Pleas, Floyd County, Indiana, the day and year last above
written.
Salem P. Town, F.C.C.P. C
State of Indiana, Floyd County}SS.
I, Salem P. Town, Clerk of the Court
of Common Pleas of Floyd County, Indiana, hereby certify that the
foregoing last Will & Testament of John Farrell, deceased, has been
duly admitted to probate, that its due execution was this day proven by
Michael C. Kerr, one of the subscribing witnesses thereto, whose proof,
together with such Will have been duly recorded on the 89th and 90th
page of the record of Wills in our office.
Witness my hand and affix the seal of
said court at New Albany this 5th of October, 1857
Salem P. Town, Clerk
JOHN C. BARBEY, WILL
Date: Mar. 12, 1858
First, I direct that all my just
debts be paid by my executor out of my estate, I may leave after my
decease.
Second, After the payment of all my
debts, I give and devise all the rest and residue of my estate, both
real personal, of whatever kind, to my wife Mary Josephine Barbey, to
have and hold the same to here and her heirs and assigns forever.
Provided however, that my said wife shall provide a reasonable
and comfortable support to my mother Etienett Barbey, during her
life, and if my mother shall desire it, my said wife shall allow her a
to occupy a comfortable room in the house in which I now reside, as her
own, so long as she shall live.
Third, I hereby constitute and
appoint my wife, Mary Josephine Barbey, sole Executrix of this my last
Will & Testament.
In witness whereof, I have hereunto
subscribed my name and affixed my seal, as to my last Will &
Testament, this 12th of March 1858. John C. Barbey(seal)
Signed, sealed and acknowledged by
the said Testator in our presence, and each other who, in his
presence and at his request, have subscribed our names hereto as
subscribing witnesses. Thomas L. Smith, William
Engleman, M.C. Kerr (witnesses)
State of Indiana, Floyd County}SS.
Michael C. Kerr, on his oath, says,
that the foregoing last Will & Testament of John C. Barbey, late of
said county, deceased, was duly executed by said Testator on the day
therein set forth, that at the time of executing the same, he was
competent to devise his property, and was under no coercion or
compulsion whatever, at the time of making the same. And further says,
that he, he said affiant is one of the attesting witnesses to said
Will, and that the said Thomas L. Smith & William Engleman were the
other attesting witnesses. That their signatures as above are genuine,
and that all said attesting witnesses attested said Will as is set
forth over their names and further said affiant faith not.
Michael C. Kerr
Subscribed and sworn to before me May
1st, 1858
In witness whereof I hereto set my
hand, as clerk of the Court of Common Pleas, Floyd County, on the day
and year last above written.
Salem P. Town, Clerk
State of Indiana, Floyd County}Ss.
I, Salem P. Town, Clerk of the Court
of Common Pleas of said county and state, hereby certify that the
forgoing late Will & Testament of John C. Barbey, late of said
county, deceased, has been duly admitted to probate, that its due
execution was this day proven by Michael C. Kerr, whose proofs together
with such Will have been duly recorded on the 98th page in the Record
of Wills in our office.
In witness whereof, I have hereto set
my hand and affixed the seal of said court at New Albany, on the 1st of
May, 1858. Salem P. Town, Clerk
JOHN B. BLUM, WILL
Date: July 26, 1858
I hereby appoint my friend Andrew
Danz after my death to have my body buried and see to be paid for the
same out of my estate left.
And also bequeath my son Justus with
the gift of the same, with $100 on advance of the estate.
And direct to my dear wife Catherine
my farm, lots, money on hand and on interest, and chattels, rights
movinal (?) property and so forth, to be her own as long as she shall
live.
I hereby set my hand and seal this
26th of July 1858.
John C. Blum (seal)
Witnesses thereof: John P. Franck
& Andrew Danz
State of Indiana, Floyd County}SS.
John P. Franck, being duly sworn says
that the foregoing last Will & Testament of john B. Blum, 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 influence whatsoever, and that the same was
subscribed by him, said affiant, and Andrew Danz, 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.
J.P. Franck
Subscribed and sworn to before me
this 1st of November, 1858
Witness my hand and seal of the Court
of Common Pleas, Floyd County on the day and year last
aforesaid.
Salem P. Town, Clerk
State of Indiana, Floyd County}SS.
I, Salem P. Town, Clerk of the Common
Pleas Court, of said county and state, hereby certify that the
foregoing last Will & Testament of John B. Blum, late of said
county, deceased, has been duly admitted to probate, that its due
execution was this day proven by John P. Franck, whose proof, together
with such Will have been duly recorded on page 111 of the Record of
Wills in our office.
In witness whereof, I hereto set my
hand and affix the seal of said court, this 1st of November,
1858,
Salem P. Town, Clerk
JOHN NICHOLSON, WILL
Date: Jan. 30, 1852
I, John Nicholson, of New Albany,
Floyd County, Indiana, do make and publish this my last Will &
Testament, hereby revoking all former Wills by me made at any time made.
First: I hereby give and bequeath to
my beloved wife Abigail Nicholson all my property of which I may die
seized, either real or personal and that she and her heirs and assigns
may enjoy and hold the same, forever.
In witness whereof I have hereto
subscribed my name and affixed my seal, this 30th of January,
1852. John
Nicholson (seal)
In the presence of: George Lyman
& Wm. W. Tuttle
State of Indiana, Floyd County}SS.
George Lyman, one of the subscribing
witnesses to the foregoing last Will & Testament of John Nicholson,
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 sound mind and
memory and competent to devise his property, and not under any coercion
or restraint, and that he, said George Lyman and William W. Tuttle,
whose names appear as subscribing witnesses to said Will, did attest
and subscribed their same in the presence of said John
Nicholson.
George Lyman.
Subscribed and sworn to before me,
this 1st of Sept. 1856
In witness whereof, I have hereto set
my hand as Clerk of the Court of Common Pleas, at the courthouse in New
Albany, the and year last above written.
Salem P. Town Clerk
State of Indiana, Floyd County}SS.
I, Salem P. Town, Clerk of the Court
of Common Pleas, of said county and state, certify that the within last
Will 7 Testament of john Nicholson , late of said county, deceased, has
been duly admitted to probate, that its due execution was this day
proven by George Lyman, whose proof, together with such Will has been
duly recorded on the 68th page of the Record of Wills in our office.
In witness whereof, I have hereto set
my hand and affixed the seal of said court, this 1st of Sept.
1856
Salem P. Town. Clerk
JOHN MERRIWETHER
Date: Apr. 21,1847
I, John Merriwether, Floyd County,
Indiana, do make and publish this my last Will & Testament,
revoking and making void all former Wills by me at any time heretofore
made.
First: I direct that my body be
decently interred and that my funeral be conducted in a manner
corresponding with my Estate and condition in life, and as to such
worldly estate, as it has pleased God to entrust me with, I dispose of
in the following manner, to-wit:
I have given my children sundries of
property as follows.
To my son James P. Merriwether, 50
acres of land worth $500.
To my son John M. Merriwether 50
acres of land worth $400 , and whereas I purchased of said John
Merriwether a tract of land adjoining Mooresville, containing 80
acres of land, and have bargained with Walter Moore for 43 acres,
the balance of said land comprising of 37 acres I give to Cynthia
Merriwether (in consequence of her relinquishing her right of dower to
the said Walter Moore) for her benefit to revert to her heirs after her
decease.
To my daughter Ann Louisa Corneilison
$130. To my daughter E.P Scott, 20 acres of land worth $160. To
my daughter Sarah Hand, 55 acres of land, valued at $400, including the
dwelling house wherein I now reside, and the balance of the land I now
live on, Thomas Hand ( husband of my daughter Sarah) can or shall have
by paying the sum of $300 within 12 months from the time of purchase,
and in case of his refusal to purchase, it shall be sold and the
proceeds divided as directed as heretofore.
I give to Caroline Smith, my
daughter, the sum of $200 to be paid out of such sale of the remaining
30 acres of land.
I leave the residue of my property,
both real and personal, to be sold at public auction by my Executors
for ready cash, or on a short credit of lawful manner, and so much of
the produce of said sale as may be required shall be applied to the
payment of my debts, and the residue of the produce of said sale (if
any) as soon as it comes into the hands of my Executors, shall be
equally divided among my legatees, share and share alike, agreeably to
what they have previously received.
In consequence of the death of
my daughter, Ann Burton, I leave her part of said moneys to be paid to
her children with such interest as may be received, when her children
become of age or marry.
I further will that one quarter
of an acre of land be kept by my family as a burying place, to include
the graves now made, which graveyard or burying place shall be
sacredly kept as such and by no means or under any circumstances
whatever be cultivated or titled by any person or person whatsoever.
And lastly I wish the Probate Court
to appoint an Administrator of this my last Will & testament. In
witness whereof , I have hereto set my hand and seal the 21st of Apr.
1847. John Merriwether (seal)
Signed, sealed, published and
declared by the said above named John Merriweather to be his last Will
& Testament in the presence of us, who at his request and, in his
presence have hereto subscribed our names as witnesses to the
same.
Jacob F. Smith & William Y. Rice.
State of Indiana, Floyd County}SS
Before me the Clerk of Common Pleas
of said county, at the clerk's office therein this day, James P.
Merriwether, one of the legatees named therein produced the following
instrument in writing as the last Will & testament of John
Merriwether, late of said county, deceased, and thereupon also before
me came Jacob F. Smith, William Y. Rice who being by me first duly to
tell the truth, the whole truth and nothing but the truth, on their
said oath, severally say, 1st, that they are the subscribing witnesses
to the said Will of John Merriwether, and that said attestation thereof
is in their respective handwriting.
2nd. That said instrument in writing
was signed by said Testator in their presence and they attested it in
his presence and in the presence of each other.
3rd. The said testator in their
presence and at the time of his signing and their attesting said Will
declared the same to be his last Will & Testament, and requested
them to attest it as such at the time of attesting the same, the
believe that he was fully competent to dispose of his property by will
and under no coercion or restraint whatever, and further they say
not. Jacob F. Smith & William Y. Rice
Subscribed and sworn to before me
this 30th of Jan. 1854, in testimony whereof I have hereto set my
hand and attached the seal of said court.
Salem P. Town, Clerk, Floyd County C.
P. C.
By R. M. Weir, Deputy
JOSEPH H.
SWARTHOUT WILL
Date: Dec. 22 1864
In the name of God, Amen.
I, Joseph H. Swarthout of the 47th
Regiment of Ohio Volunteers, formerly of Adrian, Michigan, and in
hospital at New Albany, Indiana, being of sound mind and good disposing
memory, do make and publish this my last Will & Testament.
Item 1. I give, devise and bequeath
to my son, Oliver C. Swarthout, now of the 47th Regiment of the
Ohio Volunteers, the following notes, now in my hands, and payable to
me, to wit: Leuit. W. E. Smith's note for $82.50, Captain Webster
Thomas's note for $40. George D. Haven's note for $8.00 and James E.
Joslin’s note for $7.00, and also all my papers, notes, bills and
accounts now in the hands of Allen Bench Esq. of Adrian,
Michigan. But if my said son Oliver is now dead, or in the event of his
dying before I do, in either case, but not otherwise, it is my Will
that all of the said notes, bills and accounts, now in the hands of
said Allen Bench as aforesaid, shall go to and become the property of
my son Elijah Sevantmont, now living near Adrian, Michigan.
Item 2: I give, devise and bequeath
to Thomas Davenport, of Aurora Illinois, my cloth
dress coat,
my cloth overcoat, one pair of reddish brown pants, one reddish vest,
one Linen bosun shirt, and one woolen over shirt now in my trunks.
Item 3: I give, devise and bequeath
to Josephus Davenport, the son of said Thomas Davenport, my small
Masonic breastpin, and my silver watch,
Item 4. I give, devise and bequeath
to my sister Mary Craven of the state of Iowa, all the money, now in my
pocket book, and also my trunk and all its contents, except the
articles of clothing specified in Item 2, as given to said Thomas
Davenport, and all my government papers, and 3 grey blankets, and also
my knapsack and its contents.
Item 5: I hereby nominate and appoint
said Thomas Davenport sole executor of this my last Will
&
Testament, strictly empowering him to see my last Will faithfully
executed.
In witness whereof I have hereto set
my hand and seal this 22nd of Dec, 1864.
Joseph H Servantmont.
Witnesses: J. W. Wright & Geo. V.
Howk
State of Indiana, Floyd County }SS.
George V. Howk , being
duly sworn, says that the foregoing last Will & Testament of
Joseph H. Swarthout, 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 influence
whatever, and that the same was subscribed by him, said affiant, and J.
W. Wright, as attesting witness, in the presence of 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. Geo.V. Howk
Subscribed and sworn to before me
this 7th of Feb. 1865.
W.W. Tuley, Clerk
State of Indiana, Floyd County }SS
I, William W. Tuley, clerk of the
Court of Common Pleas, Floyd County, Indiana, hereby certify that the
foregoing last Will & Testament of Joseph H. Swarthout, late of
said county, deceased, has been duly admitted to probate, that its due
execution was this day proven by George V. Howk Esq. whose
proof, together with such Will has been duly recorded on pages 8 &
9 of the Record of Wills in our office.
In witness whereof, I hereunto
subscribe my name and affix the seal of said Court at new Albany this
7th of Feb. 1865. W.W. Tuley Clerk
ANNE KIRKWOOD, WILL
Date: Nov. 1, 1859
In the name of God, Amen.
I, Ann Kirkwood, widow of the late
Andrew Kirkwood, New Albany, Indiana, being sensible of the uncertainty
of life, do make this my last Will & Testament, revoking hereby all
others by me heretofore made.
1 .I bequeath my soul to God, who
gave it to me, and my body to such decent Christian burial as my
children deem proper to give it.
2. As to such property as it has
pleased Go to allow me to have and hold, I make the following
dispositions.
1. The lot of
ground, and the residence I now occupy with my son William F. and his
family, on Upper 4th Street in New Albany, fronting Upper 5th. I will
to be sold by my Executor on such terms as he may deem reasonable and
proper, and that the proceeds he shall invest $300 in a good Bank or
home Insurance Stock, in the name and for the sole use and benefit of
my daughter Martha L. Elder, wife of James W. Elder, the said Bank or
Insurance Stock to be and remain the property of said Martha during her
life, and the dividends to be received by and paid to her, and after
her death said Stock to go to her children, and if she should have none
surviving her, the said Stock shall return to and become the property
of my other children, the brothers and sister of said Martha or their
heirs.
2. The residue of
the proceeds of such sale shall by my Executor be equally distributed
among my children, to-wit: James J. Kirkwood, Fanny Town, wife of Dr.
R.R. Town, James William Kirkwood,(son of Adam Clark Kirkwood, and my
grandson), and William F. Kirkwood, and Martha, the person named in
item 1st of this subdivision and her part shall be placed in Stock, as
provided in subdivision and to be used and disposed of as therein
provided.
3. My negro boy,
Richard, now hired to Dr. Miller, of Oldham Co. Ky. I will and bequeath
to my son William F. Kirkwood, to hold as his own property absolute,
with the injunction upon my said son that he will under no
circumstances sell said boy or allow him to be sold for debt or
otherwise.
In witness whereof, I have hereto set
my hand and seal, this 1st of Nov. 1859.
The foregoing Will was signed and
sealed in our presence and in the presence of each other by Anne
Kirkwood, the testator, and at her request and in her presence we
attested the same this 1st of Nov. 1859. James Collins
& W. J. Newkirk
State of Indiana, Floyd County}SS
James Collins, and William J. Newkirk
being duly sworn, on oath says that the foregoing last Will &
testament of Anne Kirkwood, late of said County, deceased, was duly
executed by said testatrix, that at the time of the executing the same
she was entirely competent to devise her property and was not under any
coercion or influence whatever, that the same was subscribed by them
said affiants, as attesting witnesses in the presence and at the
request of said testatrix, and in the presence of each other, and that
the same was executed by said testatrix in their presence and further
says not.
James Collins & Wm. J.
Newkirk (witnesses)
Subscribed and sworn to before me
Dec. 24, 1859.
Witness my hand as Clerk of the Court
of Common Pleas of said county and state on the day and year last
written. Salem P. Town, Clerk
State of Indiana, Floyd County}SS
I, Salem P. Town, Clerk of the Court
of Common Pleas of said county & state, hereby certify that the
foregoing last Will & testament of Anne Kirkwood, late of said
county, deceased, has been duly admitted to probate, that is due
execution was this day proven by James Collins and William J. Newkirk,
whose proof, together with such Will, have been duly recorded on the
138th and 139th pages of the Record of Wills in our office.
In witness whereof, I have hereunto
set my hand and affix the seal of said court at the courthouse in New
Albany, this 24th of Dec. 1859
Salem P. Town, Clerk
MAGDALINE BROCARD, WILL
Date;Feb. 7,1856
I, Magdaline Brocard, of Lafayette
Township, Floyd County, IN. being of sound and mind and memory
and understanding do make, publish and declare this to be my last Will
& Testament, hereby revoking and making null & void all former
wills and writings in nature of last Wills by me heretofore made.
First, My will is that my funeral
charges and all just debts be paid.
The residue of my property which
shall not be required for payment of my just debts, funeral charges and
the expenses attending the execution of this my last Will.
I give, devise and dispose thereof as
follows: to-wit:
I give, devise and bequeath all the
rest and residue of my estate, real, personal and mixed, of which I
shall be seized and possessed or to which I shall be entitled at the
time of my decease to William Tripure and his wife Lydia B. Tripure, to
have and to hold the same to them and their heirs and assigns forever.
In testimony whereof, I \the said
Magdaline Brocard have hereto subscribed my name and affixed my seal,
this 7th day of Feb. 1856. Magdaline Brocard.
(seal)
Signed, sealed and declared by the
said Magdaline Brocard to be her last Will & testament, in presence
of us, who at her request and in her presence have subscribed our names
as witnesses hereto in the presence of each other.
Wesley Bishop, Ransom Byarly, &
Noah Smith (witnesses)
State of Indiana, Floyd County}SS
Ranson Byarly being one of the
subscribing witnesses to the foregoing last Will & Testament
of Magdaline Brocard, late of said county, deceased, who at the time of
the executing the same was competent to devise her property, and was
not under any coercion, that her execution thereof was attested
by said Wesley Bishop, Noah Smith, and said affiant at her request, in
her presence, and in the presence of each other, and further says
not.
Ransom Byarly
Subscribed and sworn to before me
this 22nd of Apr. 1856.
In witness whereof I have set my hand
as clerk of the court of Common Pleas, and affixed the seal of said
court at the courthouse in New Albany, this day and year last written.
Salem P. Town, Clerk
State of Indiana, Floyd County}Ss.
I, Salem P. Town, clerk of the court
of Common pleas of Floyd County, Indiana, certify that the within last
Will & Testament of Magdaline Brocard , late of said county,
deceased, has been duly admitted to probate, that its due
execution was this day proven by Ransom Byarly, whose proof
together with such Will have been duly recorded on pages 57 & 58 in
the Record of Wills in our office
In witness whereof, I have hereto set
my hand and affixed the seal of said court this 22nd of Apr.
1856.
Salem P. Town, clerk
NANCY BROWN, WILL
Date; July 14, 1853
In the name of the Benevolent Father
of all.
I, Nancy Brown, of New Albany, Floyd
County, IN. do make and publish this my last Will & testament.
Item 1. I give and bequeath to
my grandson Seth M. Brown, $100 in money.
Item 2. I hereby release my son
William Brown from the payment of 2 notes of hand which I hold against
him, one dated Feb. 7, 1842 and the other dated Oct. 20, 1849. The
first for $50. the last for $17, and give and bequeath both notes to
him.
3rd.I give and bequeath to the heirs
of my daughter Mary Daniel, deceased $1.00 in money
4th. I give and bequeath to my
daughter Elizabeth Miller, $1.00 in money.
5th. I give and bequeath to my son
John Brown the residue of my property, including money, notes of hand
household furniture and one wagon. And I hereby release him from the
payment of the full amount of money he is owing me, which is about $50.
after the payment of my just debts and funeral expenses.
I do hereby nominate and appoint my
son John Brown, Executor of this my last Will & Testament, hereby
revoking all former Wills by me made.
In testimony whereof, I have hereto
set my hand and seal this 14th of July 1853.
Nancy Brown (seal)
Signed, sealed and acknowledged by
said Nancy Brown, as her last Will & Testament in our presence and
signed by us in her presence.
J.R. Porter & James A. Davis
State of Indiana, Floyd County}SS.
Julius R. Porter, one of the
subscribing witnesses to the foregoing Will makes oath and says that he
witnessed the same at the request of the Testatrix, that said Testatrix
was of full age to devise her property, of sound mind and memory, and
under no coercion and further says not. Julius
R. Porter
Subscribed and sworn to before me
this 27th of Mar. 1854.
Witness my hand and seal of said
Court of Common Pleas, Floyd County, the day and year above
written
Salem P. Town, Clerk by R.M. Weir, Deputy….
JOSHUA W. FOWLER, WILL
Date:May 15,1854
See his Obit on the Obit Page
I, Joshua W. Fowler, do make and
publish this as my last Will & Testament.
After all my just debts are fully
paid, I devise and bequeath to my beloved wife Jane Fowler, all my
property, both real and personal during her natural life, and at her
death to my children to be distributed according to the laws of descent
of Indiana.
I appoint my wife the said Jane
Fowler, Executrix of this my last Will and Testament, hereby revoking
all former Wills by me made.
Witness my hand and seal, this 15th
of May, 1854. Joshua W. Fowler (seal)
Signed, sealed and published by
Joshua W. Fowler, as his last Will & Testament on our presence, and
we in his presence and in the presence of each other.
H.B. Wilson & Elijah Sabin
State of Indiana, Floyd County}SS
Horace B. Wilson, one of the
subscribing witnesses to the foregoing last Will & Testament of
Joshua W. Fowler, late of said county, deceased, makes oath and says
that he witnessed the execution of said Will in the presence of and at
the request of the 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.
Horace B. Wilson
Subscribed and sworn to before me
this 6th of Nov. 1855
In witness whereof I have hereto set
my hand as clerk of the Court of Common Pleas of said county and state
and affix the seal of said court the day and year last above written.
Salem P. Town, Clerk
State of Indiana, Floyd County}SS
I, Salem P. Town, clerk of the Common
Pleas Court of said county certify that the within last Will &
Testament of Joshua W. Fowler, late of Floyd County, deceased has
been duly admitted to probate, that its due execution was this day
proven by Horace b. Wilson, whose proof, together with such Will have
been duly recorded on page 47 in the Record of Wills in our
office.
In witness whereof, I have hereto set
my hand and affix the seal of said court this 6th of Nov.
1855.
Salem P. Town, Clerk
MARY HICKS, WILL
Date: Sept. 27,
1855
Know all men, that I, Mary Hicks , of
New Albany, Floyd County, IN. do make and publish this my last Will
& Testament in manner and form as follows, to-wit:
1st. It is my will, and I do will and
bequeath to my son Presley Nevel (?) Hicks all my personal property now
in my possession or now owned by me.
2nd. I will and bequeath all my
right, title and interest I have in Texas, in the USA, unto my said son
Presley Nevel Hicks and to his heirs and assigns forever.
3rd.and lastly, I hereby constitute
and appoint my said son Presley Nevel Hicks to be the Executor of this
my last Will & Testament, revoking all former Wills and satisfying
this, and no other to be my last Will & Testament.
In witness whereof I have hereto set
my hand and seal this 27th of Sept. 1855
Mary Hicks. (seal)
Signed, sealed and published by the
above name Mary Hicks as her last Will & Testament in our presence.
John M. Wilson & Ellen Neighbor
State of Indiana, Floyd County}SS.
John M Wilson & Ellen
Neighbor, the subscribing witnesses to the foregoing last Will and
Testament of Mary Hicks, late of said county, deceased, makes oath and
say that they witnessed the execution of said Will in the presence and
at the request of said Testator, that said Testatrix was fully
competent to devise her property, and was not under any coercion or
restraint. John M. Wilson & Ellen Neighbor
Subscribed and sworn to before me,
this 26th of June 1856.
In witness whereof, I have hereto set
my hand as clerk, and affixed the seal of the Court of Common Pleas of
Floyd County, the day and year above last written.
Salem P. Town, Clerk
State of Indiana, Floyd County}SS.
I Salem P. Town, clerk of the Common
Pleas Court of Floyd County, IN. hereby certify that the within last
Will & Testament of Mary Hicks, late of said county, deceased has
been duly admitted to probate, that its due execution was this
day proven by John M. Wilson and Ellen Neighbor, whose proof, with such
Will has been duly recorded on page 60 of the Record of Wills in our
office.
In witness hereof I have hereto set
my hand and affix the seal of said court this 26th of June
1856. Salem P. Town, Clerk
MARY DANNECKER, WILL
Date: Aug. 14, 1853
My Last Will & Testament.
1st, I give and bequeath all my
estate, both real and personal of which I may be possessed at my death
as follows:
After paying all my just debts and
funeral expenses. One fifth part to Jacob Dannecker, my son and one
fifth part to my son Frederick Dannecker, and one fifth part to my
daughter Jacobien Hoffman, and one fifth part to the children of
William Dannecker to be divided equally between them and the income of
one fifth part to my daughter Barbery during her natural life, and
should she leave any children at her death, they will inherit their
mother’s part to be divided equally between them. But should she leave
no issue, then her portion to be divided equally between those of my
children that may be still alive.
2nd. I give the aforesaid, Jacob,
Frederick and Jacobien full power and authority to control and manage
said estate after my death, in what way and manner that they may
think best to make it produce the best income either by selling or
leasing the same, and said property may not be sold without their
consent, provided they pay annually to said William and Barbary their
portion of the income, during their natural lives.
Hereby revoking any and all
Wills and Testaments that may have been made by me heretofore at any
time.
Mary Dannecker (seal)
The above Will was signed by said
Mary Dannecker in our presence, and by us in her presence, and in the
presence of each other. Witness our hands this 14th day of Aug.
1853. John G. Smith
& John Schull
State of Indiana, Floyd County}SS.
John G. Smith & John Schnell the
subscribing witnesses to the foregoing Will an oath say that they
witnessed the foregoing Will at the request of the Testatrix,
that said testatrix was at the time of the executing the same of full
age to devise her property, of sound mind and memory, that said
Will was duly executed and said Testatrix was not under any
coercion or restraint. John G. Smith & John Schull
Sworn to and subscribed before me
clerk of the court of Common Pleas of said county this 7th of Sept. 1853
Witness my hand and seal of said
court this 7th of Sept. 1853. I. N., Akin, clerk
State of Indiana, Floyd County}SS
I, Isaac N. Akin, clerk of the Court
of Common Pleas of said county, certify that the foregoing Will has
been duly admitted to probate before me and that a full and complete
record of such Will and proof thereof by John G. smith & John
Schull have been duly recorded in order Book “A” of said court.
Witness my hand and seal of said
court this 7th of Sept. 1853
Isaac N. Akin, Clerk
MICHAEL STANGLE, WILL
Date:May 31,1852
In the name of the Benevolent Father
of all.
I, Michael Stangle, Floyd County, IN.
do make and publish this my last Will & Testament.
1st. I give and devise to my beloved
wife in lieu of her dower the farm on which we reside, situate in Floyd
County, IN, containing about 37 acres, also 40 acres in Harrison
County, IN. being the Northwest quarter of the southwest quarter of
section #14, Township #2, South of range 3, East, during
her natural life, and all stock, household goods, furniture, provisions
and other goods and chattels which may be therein at the time of my
decease, during her natural life as aforesaid, provided, however, if my
wife and 2 sons Thomas & John Stangle, or either of them remain
with her on the farm first above named, if not, I wish the personal
property to be sold at public auction or otherwise if thought best by
those interested.
2nd. If the personal property has to
be sold, I wish the proceeds thereof to be divided equally between my
wife and my daughters Christiana and Margaret, and my son John, the 3
children as aforesaid to have $50 to make them equal with Jacob and
Thomas. If the personal property be not sufficient I wish the aforesaid
amount to be made up out of Real Estate. I wish my son John not to
receive his portion until he arrives at the age of 21 years.
3rd. At the death of my said wife the
Real Estate aforesaid and such part of personal property or the
proceeds thereof as may then remain unconsumed and unexpanded, I wish
to be divided between my five children, Jacob, Christiana, Margaret,
Thomas & John Stangle.
In testimony whereof, I have hereto
set my hand and seal this 31st of May 1852.
Michael Stangle (seal)
Signed, and acknowledged by said
Michael Stangle as his last Will & Testament in our presence
and signed by us in his
presence.
Charles Kimberger & Michael Navel
State of Indiana, Floyd county}SS.
Charles Kimberger, one of the
subscribing witness to the last Will & Testament of Michael
Stangle, 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 Michael Navel whose name appears as
subscribing witness to said Will did attest and subscribe the same in
presence of said Michael Stangle
Subscribed and sworn to before me
this 30th of May, 1857
In witness whereof, I have hereto set
my hand as Clerk of the Court of Common Pleas, Floyd County, and affix
the seal of said court at new Albany the day and year last above
written.
Salem P. Town, Clerk.
State of Indiana, Floyd County}SS.
I, Salem P. Town, clerk of the Court
of Common Pleas of said county, certify that the within has been duly
admitted to probate, that its due execution was this day proven by
Charles Kimberger, whose proof, together with such Will, have been duly
recorded on the 78th & 79th pages of the Record of Wills in our
office.
In testimony whereof, I have hereto
set my hand and affixed the seal of said court at New Albany, this 30th
of May, 1857. Salem P. Town, Clerk.
MICHAEL MISSY. WILL
Date;Sept.18,1855
In the name of the Benevolent
Father of all.
I, Michael Missy, of Floyd
County IN, do make and publish this my last Will & Testament.1st. I
give and bequeath to my beloved wife in lieu of her dower the farm on
which we now reside, situate in Floyd County, IN. containing
about 40 acres, during her natural life, and all the stock, household
goods, furniture, provisions and other goods and chatells
which may be therein at the time of my decease, during her
natural life as aforesaid, she however selling so much thereof as may
be efficient to pay my just debts.
At the death of my said wife, the
real estate aforesaid and such part of the personal property or the
proceeds thereof as may then remain unconsumed and unexpended, I
give and bequeath to my son Michael.
If my wife survives me, my son Daniel
is to remain with her on the farm and use her well, during her natural
life, and one year after the death of my said wife, my son Daniel is to
pay to my son Jacob $50, and in 2 years to pay my son Peter $50, and in
3 years after the death of my said wife to pay my son Michael $50, and
my son Daniel also to pay to my son Nicholas’ heirs when the youngest
comes of age $50. If either of said heirs should die before the
youngest shall become of age, the survivors to heir the sum aforesaid.
In testimony whereof, I have hereto
set my hand and seal this 18th of Sept. 1855.
Michael Missy (seal)
Signed, and acknowledged by the said
Michael Missey as his last Will & Testament in our presence and
signed by us in his presence.
Theodore Pohlman & Michael Navill
State of Indiana, Floyd County}SS
Michael Navill, one of the
subscribing witnesses to the foregoing last Will & Testament of
Michael Missey, late of said county, deceased, 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 was under no coercion or
restraint, and that he, said Michael Navill, and Theodore Pohlman,
whose names appears as subscribing witnesses to said Will, did attest
and subscribed the same in the presence of said Michael Missey.
Michael Navill witness.
Subscribed and sworn to before me
this 19th of Dec. 1955
In witness whereof I have hereto set
my hand and seal of the court of Common Pleas of said county, and
affixed the seal of said court at the courthouse in New Albany, the day
and year last above written. Salem P. Town,
Clerk
SQUIRE DAVIS, WILL
Date: Oct.9, 1854
I, Squire Davis of Floyd County, IN.
being of sound mind and disposing memory do make and publish thismy
last Will & Testament.
1st. I will and desire that my body
shall be decently interred in such a manner as my Executors herein
after named shall think is proper.
2nd . having hereto fore conveyed to
Jesse Davis, William Davis, Mary Davis, Adaline Davis, Eliza Jane
Davis, and John Davis, the children Maria Davis, or cause to be
conveyed to them or each of them, certain lots and land in New Albany,
Floyd County, IN. which I deem of equal value and desire shall be so
considered by my Executors with the exception of the lot conveyed to
Eliza Jane, which I intend to make of equal value by the erecting and
finishing therein a house, and if I should die without building and
furnishing such house, I hereby direct my executors to appropriate $600
to the erection and completion of such house, or if I have the same
unfinished, then to pay (without any charge to said Eliza Jane) for the
completion for said house, and I further direct that any other or
further improvements I may make upon any of the lands and lots
conveyed to said Jesse, William, Mary, Adaline, Eliza Jane and
John Davis, I desire shall go to them respectively without any charge
therefore.
3rd. I will and desire that all my
household and kitchen furnishings, farming utensils, tools of every
description, cows, horses, or other stock shall be given to said Jesse,
William, Mary, Adaline, Eliza Jane, John Davis and Maria Davis for
their joint use, without requiring any account to be made therefore by
my Executors.
4th, The residue of my estate,
consisting of Lot 32 of s. quarter 36, Port Gibson, Clairborne Co.
Mississippi, and lot # 202(?) in Columbia, Boon county, Mississippi, 2
negroes, Charles & aged about 35 and Jack, aged about 21 years, now
at Crane lake, Louisiana, also 160 acres of land back of Baton Rouge,
Louisiana, or the proceeds of said land if sold according to my
directions; all debts and claims of Henry T. Elliott, amounting in
gross, at the time they were left with him to me on _____20. ___, also
a $50 note on Judge Moore, a balance of a note on Nejia (?) and Clynes
of about $700 (at this time) and any and all other rights credits,
monies and effects which I may die possessed after the payment of my
just debts, and subject to the provisions hereinafter made in favor of
Maria Davis, I desire may be equally divided by my Executors between
said Jesse Davis, William Davis, Mary Davis, Adaline Davis, Eliza Jane
Davis, & John Davis ( children of said Maria Davis) and paid
to them or their guardians, share and share alike.5th, I will and
desire that Maria Davis shall have a home with her children on home
farm #6 of School Section 13, 3, 6,10, as long as she remains
unmarried, and for her protection, care and assistance to her said
children. I desire that she shall be paid the sum of $10 per
month, to be paid to her regularly when due and demanded, but
such payments to stop on the day of her marriage & I expressly
declare that I intend no provision herein made for her benefit to
extend beyond her marriage, and I desire my executors hereafter named
to make the adequate provision for payment of said monthly allowance or
to secure the payment thereof, and on the marriage or at the death of
said Maria, I wish any principal sum set apart for her benefit to be
equally divided between her said children above named, or the survivors
of them.
Lastly, I hereby nominate and appoint
my friends John Evans and Samuel H. Owens Executors of this my last
Will & Testament, hereby investing them or either of them
with full power and authority to carry out any and all the provisions
of the same in the most ample manner, and I hereby revoke all
other Wills by me at any time heretofore made. Witness my hand and seal
this 9th of Oct.
1854.
Squire Davis (seal)
Signed, by the above named Testator,
Squire Davis, on our presence and declared by him to be his last Will
and Testament in our presence, who at his request, in his presence and
in the presence of each other have hereto set our names as witnesses,
Oct. 9, 1854
Frank Gwinn , John R. Monroe, John F.
Meyer (witnesses)
State of Indiana, Floyd County}SS.
Frank Gwinn, one of the subscribing
witnesses to the foregoing last Will & Testament of Squire Davis,
late of said county, deceased, makes oath and says that he
witnessed the executing of such Will in the presence of and at the
request of the 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 Frank Gwinn, John R. Monroe
& John F. Meyer, whose names appear as subscribing witnesses to
said Will did attest and subscribe the same in the presence of said
Squire
Davis.
Frank Gwinn (witness)
Subscribed and sworn to before me
this 29th of Jan, 1856
In witness whereof I have hereto set
my hand as Clerk of the Court of Common Pleas of said County, and affix
the seal of said Court at the courthouse in New Albany on the day and
year last above written. Salem P. Town, Clerk
State of Indiana, Floyd County}SS.
I, Salem P. Town, clerk of the Court
of Common Pleas , Floyd County, certify that the foregoing last Will 7
Testament of Squire Davis, late of said county, deceased, has been duly
admitted to probate and that its due execution was this day proved by
Frank Gwinn whose proof, with such Will has been duly recorded on pages
54 & 55 of the Record of Wills in our office.
In witness whereof I have hereto set
my hand and affixed the seal of said court this 29th of Jan,
1856.
Salem P. Town, Clerk
STEPHEN HEDDEN, WILL
Date:Sept. 17, 1855
I, Stephen Hedden of New Albany,
IN. being of sound mind and memory, do make and publish this my
last Will & Testament.
1st. I desire all my just debts and
funeral expenses be paid.
2nd. I devise and bequeath to my wife
Nancy Hedden. The brick house where we now live, and all the household
and kitchen furniture during her natural life.
3rd: My other properly I wish divided
equally among children, share and share alike.
4th: I nominate and appoint my
friend Charles B. Applegate, Executor of this my last Will &
Testament, revoking all former Wills by me made.
Witness my hand and seal
Sept.17, 1855. Stephen Hedden (seal)
Signed, sealed and published by
Stephen Hedden, to be his last Will & Testament in our presence who
in his presence, and in the presence of each other set our names as
witnesses.
E. Sabin & J. L. Frisbie
(witnesses)
State of Indiana, Floyd County}SS.
Elijah Sabin, one of the subscribing
witnesses to the foregoing last Will & Testament of Stephen Hedden,
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 to devise his property and not under any coercion or restraint,
and that he, said Sabin and J. S. Frisbie, whose names appear as
subscribing witnesses to said Will, did attest and subscribed the same
in the presence of said Testator, Stephen Hedden.
Subscribed and sworn to before me
this 28th of August, 1856
In witness whereof., I have hereto
set my hand as clerk of the Court of Common Pleas of said county
and affix the seal of said court at the courthouse in New Albany, the
day and year last above written
Salem P. Town, clerk
State of Indiana, Floyd County}SS.
I, Salem P. Town , clerk of the court
of Common Pleas, Floyd County, IN. certify that the within last
Will & Testament of Stephen Hedden, late of said county, deceased,
has been duly admitted to probate, that its due execution was this day
proven by Elijah Sabin, whose proof together with such Will has been
duly recorded on page 67 of the Record of Wills in our office.
In witness whereof, I have
hereto set my hand and affix the seal of said court, this 28th of
August,
1856.
Salem P. Town, Clerk
WILLIAM C. CONNER, WILL
Date: Apr. 20, 1858
See Obit
First, I direct that all my just
debts shall be first fully paid out of my estate I may have at my
decease, except only all my household furniture, which is herein after
devised to Sarah C. Conner, my wife.
Second, I hereby give and devise unto
my wife, Sarah C. Conner, all the household and kitchen furniture of
all kinds, which I shall own and have in my family residence at the
time of my death, to have and to hold the same unto her and her heirs
and assigns forever, and I desire that an inventory thereof shall be
taken by my Executors.
Third, The residue of my estate, both
real and personal, I leave to be divided amongst my said wife and my
children as the law, in absence of any Will directs.
Fourth, I hereby constitute and
appoint Charles A. Reineking and Walter Mann to be my Executors of this
my last Will & Testament.
In testimony whereof I have hereto
subscribe my name and seal this 20th of Apr. 1858
William C. Conner (seal)
Signed, sealed and declared by the
said William C. Conner as and said to be his last Will & Testament,
in our presence, who in his presence and at his request and in the
presence of each other, have hereto subscribed our names as attesting
witnesses.
Wm. M Lewis & Michael C. Kerr
(witness)
State of Indiana, Floyd County}SS
Michael C. Kerr, on his oath, says
that he is one of the attesting witnesses to the foregoing last Will
& testament of Michael C. Conner, late deceased, and that William
M. Lewis is the other attesting witness thereto, that the foregoing
last Will & Testament of said William C. Conner was duly executed
by him on the day and date thereof, in the presence of said Lewis and
said affiant, who in the presence of said Testator, and at his request,
subscribed their names to the foregoing attesting clause as witnesses,
that said Testator, at the time of the execution of said Will was in
all respects, competent to devise his property, and that he
executed the same without any coercion or influence from any cause or
person, and voluntarily. And further said affiant saith not.
Michael C. Kerr.
Subscribed and sworn to before me,
the clerk of the Court of Common Pleas. Floyd County, IN. this 21st of
March 1864.
Witness my hand. As such Clerk and
the seal of said court, affixed on the day and year last
aforesaid.
Salem P. Town, Clerk
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 William C. Conner, of said
county, deceased was this day admitted to probate, that its execution
was duly proven by Michael C. Kerr, whose proofs, together with such
Will have been duly recorded on the 142nd and 143rd pages of the Record
of Wills in our office.
In witness whereof I have set my hand
and affixed the seal of said court, at the courthouse in New Albany
this 21st of March 1864.
Salem P. Town, Clerk
THOMAS DRYSDALE, WILL
Date: Jan. 25,1860
I, Thomas Drysdale, Floyd County, In,
do make and publish this my last Will & Testament, hereby revoking
and making void all Wills by me heretofore made.
1st. I direct that after my death all
my just debts be paid by my Executor hereinafter mentioned, out of the
first money that may come to her hands from any portion of my estate
either real or personal.
I hereby give and bequeath to my son
James F. Drysdale , my home farm, or the farm I lately resided upon,
about 4 miles from New Albany, Floyd County, IN. , it being the only
farm I own, my said son James F. to have and hold said lands to
himself, heirs and assigns forever.
I am the owner of 1 Lot in the Town
of Galena, Floyd Co. IN. and I hereby will and bequeath the same in
equal portions to Thomas Shoults and Thomas Drysdale and to them and
their heirs and assigns forever.
Being sick at my daughters Martha A.
Schineley’s, and wishing to compensate her for her care and kindness to
me, I hereby will and bequeath to her the sum of $150, to be paid to
her by my son James F. Drysdale, who is to take the land I have herein
bequeathed to him subject to the payment of said sum to said Martha.
I hereby appoint my son James F.
Drysdale, executor of this my last Will & Testament.
In witness whereof, I, the said
Thomas Drysdale, the testator have hereto set my hand and seal this the
25th of January 1860. Thomas Drysdale (seal)
Signed, sealed, declared &
published by the above names Thomas Drysdale, as his last Will &
Testament, in the presence of us, who have hereto subscribed our names
as witnesses hereto, in presence of said Testator and in presence of
each other.
John S. Davis & Wm. P. Davis
State of Indiana, Floyd County}SS.
John S. Davis, being duly sworn on
oath says that the foregoing last Will & Testament of Thomas
Drysdale, 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
influence whatsoever, and that the same was subscribed by him, said
affiant and William P. Davis, as attesting witnesses to the foregoing
Will 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.
John S. Davis
Subscribed and sworn to before me
clerk of the Floyd County Court of Common Pleas this 2nd of Apr.
1860.
Witness my hand and seal of said
Court at the Courthouse in New Albany the day and year last
aforesaid. Salem P. Town, Clerk
State of Indiana, Floyd County,
I, Salem P. Town clerk of the Court
of Common Pleas of said county & state certify that the foregoing
last Will & Testament of Thomas Drysdale , late of said county,
deceased, was this day duly admitted to probate that its due execution
was duly proven by John P. Davis , whose proof with such Will have been
duly recorded on pages 144 & 145 of the Record of Wills in our
office.
Witness my hand and the seal of said
court this 2nd of Apr. 1860
Salem P. Town, Clerk
SOPHIA GARLETZ, WILL
Date: Apr. 3,1860
In the name of God Amen.
I, Sophia Garletz, wife of David
Garletz and resident of New Albany, IN. being of sound mind and memory
and considering the uncertainty of this frail and transitory life, do
therefore make, ordain, publish and declare this to be my last Will
& Testament, that is to say:
1st, After all my lawful debts are
paid and discharged, the residue of my estate, real and personal
I give and bequeath to my beloved husband David Garletz, yes everything
I may or shall own in the world at the time of my death, I hereby will
my said husband, and I do hereby nominate and appoint my said husband
as Executor of this my last Will & testament, and I do hereby
revoke all former Wills and Testaments by me made.
In testimony whereof, I have hereunto
set my hand and seal this 3rd of April, 1860.
Sophia Garletz. (seal)
Signed, sealed and acknowledged by
said Sophia Garletz as her last Will & Testament in our presence
and signed by us in her presence and at her request.
Frederick G. Dannacker &
Frederick Miller.
State of Indiana, Floyd County}SS.
We, Frederick G. Dannacker and
Frederick Miller on oath say that the foregoing lat Will &
Testament of Sophia Garletz , late of said county, deceased, was duly
executed by said Testator, that at the time of executing the same she
was entirely competent to devise her property and was under no coercion
or influence whatever, and that the same was subscribed by them, said
affiants, as attesting witnesses in the presence and at the request of
said Testatrix and in the presence of each other, and that the same was
executed by said Testatrix in their
presence.
F. G. Dannacker & Frederick Miller
Subscribed and sworn to before
me, the clerk of the Court of Common Pleas of said Floyd County this
18th of April 1860.
Witness my hand and seal of said
court on the day and year last aforesaid.
Salem P. Town
State of Indiana, Floyd County}SS.
I, Salem P. Town, clerk of the Common
Pleas court of said county and state hereby certify that the foregoing
last Will 7 Testament of Sophia Garletz, late of said county, deceased,
was this day duly admitted to probate, that its due execution was
proven, by Frederick G. Dannacker & Frederick Miller, whose proof
together with such Will have been duly recorded on pages 145 & 146
of the Record of Wills in our office.
Witness my hand and seal of said
Court, this 18th of April, 1860
Salem P. Town, Clerk
MARSHALL MASON FITCH,
WILL
Date:
June 16,1854
I, Marshall Mason Fitch,
being in the full possession of my mental faculties, thankfull to
Almighty God for past mercies, and praying a continuance of the same,
do make and publish this my last Will & Testament.
After defraying my funeral expenses
and the canceling of all my liabilities, I give and bequeath my
property in the following manner, viz:
To my only and beloved child Mary
Montgomery Fitch, all my rights and title to out Lot Letter “B” on
Northwest corner of Upper High and 6th streets, 110 by 220 feet
with all the appurtenances thereunto belonging; to her I give and
bequeath also such an amount of my personal property & Real
Estate as shall realize the sum of $15,000.
It is my desire and will that
as soon after my decease as practicable my Executors shall convert into
cash, such quantity of my Real Estate as with the personal estate shall
be requisite to make up said amount, but not in such manner as to
sacrifice the property.
This said $15,000, I wish
invested in good dividend paying stocks for the benefit and sole use of
my said daughter, but my said daughter not to have the control of
the same until she becomes of lawful age.
All amounts accruing as
dividends or rents to my said daughter not absorbed by her support and
education (which I desire shall be of the liberal character) my
Executors will continue to invest as they may deem best for the
interest of my said daughter, that said amounts may not be unproductive.
I give and bequeath to my beloved
Mother-in-law Electa O. Montgomery the care and possession of my
child as long as her natural life, in the event of her decease I give
the care and possession of my child to my beloved sister, Mary S.
Bragdon, hoping and praying they will spare no pains in her Moral,
Intellectual and Physical development.
I give and bequeath to my daughter
all my personal estate, which shall not be otherwise devised in this
Will.
To my beloved Mother, Anna M. Fitch,
the sum of $5000 in Real estate at its appraised value, or in
notes, which my Executors desire from the sale of my Real Estate, or in
such stocks as I may possess, said sum do I give and bequeath to my
Mother.
To my sisters, Mary S. Bragdon, and
Caroline M. Williams, I give and bequeath the sum of $1000 each, said
amounts to belong to be invested for and on account my nephews, Mason
Fitch Bragdon & Mason Fitch Williams.
To my beloved Father-in-law, James
Montgomery, I give and bequeath my gold watch and chain, and my writing
desk.
To my beloved Mother-in-law E. O.
Montgomery, I give and bequeath the care and possession
( as stated above) during her natural
life, of my only and darling child; and all those articles of household
furniture which were the property of her daughter Mary, as will be
useful and serve as mementoes of Marshall & Mary.
My Executors will observe that it is
my desire that all my Real Estate shall be turned into cash or its
equivalent as soon as practicable after my decease, and that the
bequests shall be paid (according to their order) in cash or its
equivalent-excepting the Lot on Northwest corner of upper High and 6th
Street already devised to my daughter.
The remainder of my estate( if
any) I give and bequeath to the Trustees of the First Presbyterian
Church in this city the same to be used for the purpose of
the church extension in this city in the following manner:
In the formation of a new church
before the Trustees shall have a right to appropriate any sum given by
this Testator, there must be a like amount subscribed by the
individuals who are to organize said church and said amount appropriate
from this fund by said Trustees shall be as a loan without interest for
such a series of years as said Trustees may deem proper, said Trustees
shall always have a note with security for the amount, but said note
may be extended according to the discretion of said Trustees.
As soon as a church becomes able to
liquidate the amount, a loan made be made to another and so on.
The object being to establish a fund
for the assisting of weak churches in this city under the
direction of the Trustees of old School Presbyterian Church.
In case of the decease of my daughter
before she arrives at a lawful age, I give and bequeath the sum of
$5000 to the American Bible Society, $5000 to the Society of Domestic
Missions of the Presbyterian Church, $5000 to the Board of Foreign
Missions connected with the Presbyterian Church. The donations being
made according to their order as above and if there shall be any
surplus over and above these amounts, the same shall be added to the
church extension fund given and bequeathed above to the Trustees of the
First Presbyterian Church, New Albany.
As Executors of this my last Will
& Testament I would appoint my Father-in-law James Montgomery and
my Brother-in-law Joshua Bragdon, and in case of the decease of either,
I request the court to appoint another.
Witness my hand and seal this 16th of
June 1854. Marshall Mason Fitch (seal)
Attest, J. Bragdon.
Signed, and acknowledged by the said
Marshall Mason Fitch in our presence, as his last Will & Testament,
and signed by us in his presence.
George W. Houk & R. M. Weir
State of Indiana, Floyd county}SS.
George V. Houk and Robert m. Weir,
the subscribing witnesses to the foregoing last Will & Testament of
Marshall M. Fitch, on oath say, that they witnessed the same at the
request of the Testator, that the Testator was of full age to devise
his property, of sound mind and memory and not under any coercion
and restraint.
George V. Houk & Robert M. Weir
Subscribed and sworn to before me
this 1st of August 1854.
In witness whereof, I have hereunto
set my hand and affixed the seal of the Court of Common Pleas of Floyd
county, IN., the date above written.
Salem P. Town, Clerk
(For more information on Marshall Mason Fitch see our Newpaper Article Page
SAMUEL STUBBLEFIELD,
WILL, (colored)
Date: Apr. 1, 1850
In the matter of Probate of the last
Will & Testament of Samuel Stubblefield, deceased
Comes now, Jemima Stubblefield, and
produced to the Court a paper writing, purporting to be the last Will
& Testament of Samuel Stubblefield, now deceased, bearing date the
Apr. 1st, 1850, attested and subscribed in the presence of said
Stubblefield by Henry Collins and Vinton S. Nunemacher, and it appears
to the Court by the evidence of James Collins and John S. Davis,
who are now sworn in open Court, that said Stubblefield,
Nunemacher , and Henry Collins have departed this life, that the
signature of said Henry Collins and of said Nunemacher are respectively
in their genuine handwriting, that said paper writing was duly
executed, and that the Testator at the time of executing the same was
competent to devise his property, and not under coercion, and said
paper writing being now here filed, the same is allowed by the Court as
the valid last Will & Testament of said Samuel Stubblefield.
Said paper writing referred to in
this foregoing order, reads in the words and figures follows:
I, Samuel Stubblefield, of New
Albany, Floyd County, IN. a man of color, being of sound mind and
disposing memory, do hereby make and declare this my last Will &
Testament.
1st. My Will is that at my death, my
wife Jemima bury me in a decent manner, in such place as she may think
proper.
2nd. That she pay all my just debts
and funeral expenses.
3rd. I do hereby give and bequeath to
my said wife Jemima, all my property, real, personal, and mixed of
whatever kind or character, that I may possess at my death, after
paying my just debts as aforesaid.
4th, I do hereby make, appoint, and
constitute my said wife Jemima, Executrix of this my last Will
& Testament, and in granting her letters, testimony, I hereby
request the Probate court, or other constituted authority granting such
letters, to grant her the same, without security, as she is
entitled to, and I hereby give her all my effects, after paying my just
debts.
In witness whereof, I have hereto set
my hand and affixed my seal this 1st of April 1850.
Samuel Stubblefield. (seal)
We, Henry Collins, and Vincent S.
Nunemacher were present with Samuel Stubblefield and all in the
presence of each other, said Samuel Stubblefield, declared the
foregoing instrument of writing to be his last Will & Testament,
and that he requested said Henry Collins to write his name and fix his
seal, and he made his mark thereto.
In witness whereof, we have hereto
set our hands and seals this 1st of Apr. 1850.
Henry Collins,
(seal),
Vincent S. Nunemacher (seal)
James Collins states upon oath that
he has examined the paper writing filed in the Clerk’s office of the
Court of Common Pleas, Floyd County, purporting to be the last Will
& Testament of Samuel Stubblefield, a man of color, New Albany,
Floyd Co. IN. and that he was well acquainted with Henry Collins, and
Vincent S. Nunemacher, the subscribing witnesses to said
Will and with their handwriting. Said Henry and Vincent have
departed this life. Said Will, the attesting clause and the
signature of Henry Collins is the genuine hand writing of Henry
Collins and the signature of Vincent S. Nunemacher is the genuine hand
writing of said Vincent. Said paper writing bears date Apr. 1,
1850.
James Collins
Sworn to in open Court, Oct. 8,
1859. Salem P. Town, Clerk
GOTTLIEB EISMANN, WILL
Date:Sept. 14,1855
I, Gottlieb Eismann, New Albany,
Floyd Co. IN. being of sound mind and disposing memory do make and
publish this to be my last Will & Testament, to-wit:
1st, I give and bequeath unto my
beloved wife Christena Charlotte Eismann all my Estate, both real and
personal, all rights, credits monies and effects of which I may die
seized, subject to the payment of my just debts and the reasonable cost
and expenses of a plain set of Gravestones to be placed over my grave
with my name, and the date of my birth and of my death cut thereon; To
hold the same to her during her natural life, and I hereby give and
confer upon my said dear wife full power and authority to sell and
convey any and all real estate that she may deem proper, either at
public or private sale, to raise money for the payment of said debts.
Said Christena C. Eismann is also to purchase and pay for a suitable
Graveyard out of said bequest.
2nd. I give and bequeath to my son
Christian Eismann the undivided 1/5th of my estate remaining at the
death of my said wife.
3rd. I give and bequeath to my son
George L. Eismann the undivided 1/5th of my estate remaining at
the death of my wife.
4th Having made to Augustus Eismann
advances to pay for 120 acres of land and farming utensils , etc.,
which with the interest therein to this date amounts to over
$900. I require him to pay said $900 to my wife at my death, or that he
pay the interest therein semiannually and the principal when she needs
the same, and I give and bequeath to my said son Augustus Eismann the
1/5th of my estate remaining at the death of my said wife, subject to a
deduction for so much of said $900, and interest therein, as shall be
unpaid at the death of said wife.
5th, Charles Eismann having received
$180 paid by me for stock in the plank road, in his name, and I paid as
security for said Charles to Esquire Childs about $55, unless paid
amounts shall be paid me by said Charles, I wish them considered as
advancements to him, and require him to pay the same to my wife at my
death, or that he pay the interest therein semi-anually, and the
principal when she needs the same.
I give and bequeath to my said son
Charles Eismann the 1/5th of my estate remaining at the death of my
dear wife, subject to a deduction of so much of said advancements
to him, and interest thereon, as shall be unpaid at the death of my
wife, and the above bequest to said Charles is upon the condition that
he shall not go back to live with his wife, nor marry a member of
William Budd’s family, and if he does go back to his present wife,
marry a member of the Budd family or die without other heir than his
children by his present wife, the above bequest to be equally divided
between his brothers and sisters or the survivors of them as herein
provided.
6th, I have advanced to my daughter
Christena Underhill $100, and I wish her to pay said $100 to my dear
wife at my death, or that she pay the interest thereon, semiannually,
and the principal when needed, and desiring her to have the benefit of
1/5th of my estate remaining at the death of said wife.
I direct my Executors hereinafter
named to loan out the 1/5th of said remainder after deducting said
advancement and interest unpaid at the death of my wife for the best
rates he can on good security or place the same in Bank or
Insurance Company on interest, and pay the interest thereon
semiannually to said Christena Underhill during her life, and at her
death he shall pay said interest to the Guardian of her children, but
in case of the death of her husband William Underhill, or in case of
her obtaining a divorce from her said husband, then my Executors shall
pay to said Christena Underhill said money or securities, and any
monies or property according to said Christena by the death of any of
the above named devisees shall be in like manner bound by my said
Executor, and the interest paid in like manner, and in case of the
death of said Christena before her husband, then I direct said
principal sum to be paid by my Executor to the children of said
Christena Underhill in equal proportions on the attaining their
majority, that is each one his or her share when he attain his majority.
7th, If any of the above named
devisee shall bring suit to break this Will or against each other in
the settlement of this estate, the one so suing shall forfeit thereby
his rights under this Will, and I hereby revoke any bequest herein to
that devisee bringing such suit, and give and bequeath his or her share
to the other devisees named in this Will in equal proportions.
Lastly, I hereby revoke all Wills by
me at any time heretofore made and nominate and appoint my dear wife
Christena Eismann and my friend Augustus Bradley Executrix and Executor
of this my last Will & Testament this 14th of Sept.
1855.
Gottliebe Eismann (seal)
Signed, sealed and declared by the
above name Testator to be his last Will & Testament in presence of
us who at his request in his presence and in the presence of each other
hereto set our names as witnesses this 14th of Sept. 1855.
John Sloan, Henry Henky, & Sam.
H. Owen (witnesses)
State of Indiana, Floyd County}SS.
Samuel H. Owen, one of the
subscribing witnesses to the foregoing last Will & Testament of
Gottleib Eismann, late of said county, deceased, makes oath and says
that he and John Sloan & Henry Henky at the request of said
Testator and in his presence and in the presence of each other
witnessed the foregoing Will, that said Testator was of full age to
devise his property, of sound mind and memory and not under any
coercion or restraint. Samuel H, Owen.
Subscribed and sworn to before me
this 21st of Nov. 1855
In witness whereof, I have hereto set
my hand as clerk of the Court of Common Pleas of said county and affix
the seal of said Court, at the courthouse in New Albany, the day and
year last above
written.
Salem P. Town, ClerkState of Indiana, Floyd County}SS.
I, Salem P. Town, Clerk of the Court
of Common Pleas, Floyd County, certify that the within last Will &
Testament of Gottlieb Eismann , late of said county, deceased, has been
duly admitted to probate, that its due execution was this day proven by
Samuel H. Owen, whose proof, together with such Will has been duly
recorded on pages 49,50,51 of the Record of Wills in our office.
In witness whereof, I have hereto set
my hand and affixed the seal of said court this 21st of Nov.
1855.
Salem P. Town, Clerk.
PHILLIP THEIMAN,
(THURMAN) WILL
Date:May 15,1852
In the name of the Benevolent Father
of all.
I, Phillip Theiman of Floyd County,
IN. do make and publish this my last Will & testament.
1st. It is my Will that my wife keep,
manage, control all my property both Real Estate & ___ stock,
household goods, furniture, provisions and all other goods and chattels
which I may own at the time of my decease, (excepting so much as will
pay my just debts at such time as the same is to be paid) for the use
of herself and children which are under the age of 20, and remain
at home, and for schooling the said minor children, my wife to continue
to manage and control the said property, until the youngest child Clara
Ellen Theiman arrives at age 16 or my said wife should later
marry or die at the time of either of the above married ___ ___ ___.
(smeared), then all the property, including that which each has got
before as an advance of his share (the above named advance is to
be counted as it is charged in my book by me, and deducted from the
share of him, whom it is charged) after my wife has taken her part
(which I leave to her choice to either take her legal share or an equal
part with the children) the balance to be equally divided among all my
children making the above deduction as before stated.
2nd, If my wife shall take and equal
part with the then children and in that case the property that falls to
her shall be hers forever, to dispose of as she pleases. But it she
takes the third of all then what is left of her part at her death to be
equally divided among all my children.
3rd. I hereby nominate and appoint my
friend Jacob J. Smith guardian of my four youngest daughters, Caroline
H. Theriman , Laura M. Theiman, Clara Ellen Theiman, Sarah M. Theiman .
4th, I hereby nominate and
appoint my friend Clark Devol the guardian of my 3 youngest sons
, Henry C. Theiman, Phillip E. Thieman, and John G. Theiman, my said
guardians are hereby empowered to give my children a good common
English education and rear them on the latest of industry and ____ upon
them as far as may be the duties of Christianity.
5th, I do hereby nominate and appoint
Clark Devol and Jacob F. Smith, Executors of this my last Will &
Testament, hereby authorizing and empowering them to compromises,
adjust and release and discharge in such a manner and empower them, if
it shall become necessary in order to pay my just debts, to sell by
private sale, or in such manner, upon such terms of credit or otherwise
as they may think proper all or any part of my Real estate and make
deed to purchase to execute acknowledge and deliver in fee simple.
In testimony whereof, I have hereunto
set my hand and seal this 15th of May 1852.
Phillip Theiman (seal)
Signed, sealed and acknowledged by
said Phillip Theiman as his last Will & Testament in our presence
and signed by us in his presence.
Elmore Smith & Elias T. Minshall
State of Indiana, Floyd County}SS.
Elmore Smith & Elias Minshall
make oath and say that they witnessed the foregoing last Will &
Testament at the making the testation the Testator at the time of
executing the same was of full age to devise his property and of sound
mind and memory and not under any coercion or restraint at they verily
believe.
Elias F. Minshall & Elmore Smith.
Subscribed and sworn to before me
this 22nd day of Feb. 1853.
Witness my hand and seal of the Court
of common Pleas, Floyd county, at New Albany, this 22nd of Feb.
1853. J. N. Akin, Clerk
To which Will was attached the
following codicil:
Thereas, I, Phillip Theiman on
the 15th of May 1853 made my last Will & Testament of that day, do
hereby declare the following to be a codicil to the same.
I do hereby give and bequeath to
Sarah M. Theiman. Phillip E. Theiman, John G. Theiman, Laura M. Theiman
and Clara Ellen Theiman each $300, one hundred Dollars ($100) to be in
property, and $200 to be paid in cash to each one as soon as they
may marry as can outfit for housekeeping or a final distribution of my
estate is made.
I do hereby nominate and appoint my
friend Gemale Garrettson to take the place of Clark Devol in case
said Devol doe not agree to serve as guardian of Henry C. Theiman.
Phillip G. Theiman & John G., Theiman, and Executor of this my last
Will & Testament.
In testimony whereof, I have set my
hand and seal 6th of January 1853.
Phillip Theiman
Signed and acknowledge by said
Phillip Theiman as his codicil to his last Will 7 Testament in our
presence and signed by us in his presence.
James R. Desper & Benjamin
Franklin Stuart.
State of Indiana, Floyd County}Ss.
I, James R. Desper, makes oath and
says that he witnessed the foregoing codicil of the last Will &
Testament of Phillip Theiman, deceased, at the request of the Testator,
and that said testator was at the time of executing the same of full
age to divide his property and of sound mind and memory and was not
under coercion or restraint.
James R. Desper
Subscribed and sworn to before me
this 22nd of Feb. 1853.
Witness my hand and seal of the Court
of Common Pleas, Floyd County, at New Albany this 22nd of Feb.
1853. J.N. Akin, Clerk
RANDALL CRAWFORD, WILL
Date:
June 29,1860.
I, Randall Crawford, New Albany,
Floyd Co.IN., do make, publish the following as my last Will &
Testament.
1st. The written agreement made
between my wife Hannah H. Crawford and myself just before our
marriage, whereby if she survived me, she was to have one equal fourth
of all my property real and personal is to remain in full force. And in
addition to it, I give and devise to her if she survives me, the
house where we now reside and the 4 lots in the same enclosure with the
house being at the Northwest corner of the intersection of Upper
High & Upper 11th streets in said City, New Albany, with the
appurtenances thereto belonging and all the household and kitchen
furniture in, and properly belonging to the house, to have and to hold
the same during her life, to her sole and separate use and free from
all control of any future husband she may have, she to pay all the
taxes & assessments which shall accure against said property, and
keep the same in reasonable repair from ordinary use and decay
& extraordinary accidents expected during the continuance of her
estate therein. But the gift and devises is subject to this
qualification, that my daughter Martha Crawford is to have use and
occupation of the chamber she now occupies in same house, and the
furniture properly belonging thereto, and my wife’s daughter Mary
Lyons is to have the use and occupation of the chamber she now
occupies in said house, and the furniture properly belonging thereto so
long so as they may respectively desire to occupy said rooms
during said life estate, and they are each to have such reasonable use
of other parts of the house and appurtenances as shall be necessary to
occupy and enjoyment of their respective rooms, and if my
daughter Mary Morrill (?) should at any time during said life estate
desire to live in said house, my wish is that she be accommodated
therein the same manner as the other daughters, but this is intended to
be a personal privilege to said daughters only, who are to have
no right to being any family or other persons there to reside with them
beyond the ordinary calls and visits of friends & acquaintances,
without the consent of my wife, And it is my advice and wish that my
wife and said Martha Crawford & Mary Lyons live together there as
long during said life estate as said daughters shall either of them
remain single each, providing her clothing and contributing her proper
share towards the expenses of the ___ and the hire of the help.
I also give and bequeath to my wife
___ ____ ____ (several words here unreadable)
& harness therefore.
2nd, If my wife shall survive
me she will be able to make such provision for her own children,
Francis Lyons & Mary Lyons as she shall see fit out of her own
property. if both my wife & Mary Lyons survive me then I give and
bequeath to the latter $500 in addition to what her mother may give
her, but if her mother does not, and said Mary Lyons does survive me,
then I give and bequeath to her $2500, in either case she is to be paid
by my Executors semi-annually the interest only on the bequest until
she shall arrive at 25 years, when she shall be entitled to receive the
principal, but to have and to hold whatever shall be so paid to her as
interest or principal to her sole and separate use, free from all
control of any husband she may have. If she should die before becoming
25, and without having any child the above bequest to her shall then be
void, but if she should leave any children said bequest shall go to her
child or children in the same manner as they would take from her by
descent.
3rd ,If my wife shall not, but her
son Francis Lyons, shall survive me then I give and bequeath to him
$500, the interest only of which is to be paid to him semi-annually, by
my executors until he shall be 25 years, when he shall be entitled to
receive the principal, if he should die before becoming 25 years,
without children, the above bequest to him shall then be void, but if
he should leave any children in the same manner a child would take from
him by descent.
4th. After my debts and the foregoing
bequests are paid, all the residue of my estate of whatever kind is to
be divided into 3 shares equal, except as hereinafter qualified. One of
these l give and devise to my son Henry Crawford to have and hold to
him and his heirs and assigns, and the use and benefit of. The other 2
shares I give and devise to my daughters Mary Morril and Martha
Crawford, one share to each, to severally have and hold the same as
hereinafter mentioned. Any money, other property I have hereto advanced
or may hereafter advance in my lifetime to either of my said children,
and charge to them in my books of account as an advancement shall be
estimated as a part of the share of my estate to which the said
advancement shall be entitled.
Said 2 shares of my estate of which
the use is given above to my 2 daughters, I give and devise to my son
Henry Crawford & Jesse J. Brown, and their successors in trust that
they shall have and hold the same & semi-annually pay the interest
unto, & profits of one share to said Mary Morril, and of the other
to said Martha Crawford. Sole and separate use respectively and free
from all control of any husbands either may have.
If either of them should die
without having any child or descendant of a child, then the share
of said decedent, I give and devise to my then surviving children or
child to have and to hold in the same manner as they respectively will
have and hold the shares above given them, but if such deceased
daughter should leave a child or children then the decedents of any
such deceased daughter to have the share of such deceased daughter, I
give and devise to her child or children, or descendents to have and to
hold in the same manner as if they inherited the same as heirs of such
deceased daughter, and after the death of either of my daughters the
above trust shall cease as to her share of my estate.
Trustees and their successors to sell
and convey any and all of said trust property given them as above and
to invest the proceeds or any of them in other property and again to
sell and re-invest all or any of the same as often as shall be
necessary keeping the title in themselves, and always managing the
property as much as may according to the wishes of my said daughters,
but always exercising their own judgements. Also to what would be most
advantageous to my said daughters respectively & ____( can not
read) the investments of a reasonable part thereof in the purchase of a
suitable house and lot whenever either of said daughters shall need the
same for a residence.
5th, I revoke all former Wills made
by me and declare this my last Will & I appoint my wife and my son
Henry Crawford executors of the same.
In witness whereof, I have hereto set
my hand this 29th June, 1860.
Randall Crawford. (seal)
Subscribed and published as his last
Will by said Randall Crawford in our presence and we at his request
& in his presence witness the foregoing this 29th June, 1860.
Bela C. Kent & E.P. Croxall
State of Indiana, Floyd County}SS.
Edward P. Croxall, on his oath says
that he was well acquainted with Randall Crawford, deceased, in his
lifetime, and know his handwriting, and that he has examined the
signatures to the Will of said Crawford hereto attached, and to the
codicils to said Will which are hereto attached, and that they are the
genuine personal signatures of said Randall Crawford and that said Will
was executed by said Crawford on or about the 29th of June, 1860, and
that said affiant, and Bela C. Kent is now out of the state of Indiana
and that the attesting clause to said Will was executed by said Kent
and affiant was witnesses to the last Will of said Crawford, in the
presence of each other, and said Crawford, and at the request of said
Crawford who executed the Will in their presence and that at the time
of the executed same, he was competent to devise his property,
and was not under an coercion and that he is now dead, and further
affiant says not.
E.P. Croxall
Subscribed and sworn to before me
this 23rd of March 1865.
Witness my hand and seal of said
Court of Common Pleas this day and year last written.
W.W. Tulley, Clerk
State of Indiana, Floyd County}SS.
I, William W. Tully, Clerk of the
court of Common Pleas, hereby certify that the foregoing last Will
& testament of Randall Crawford, late of said county, deceased, has
been duly admitted to probate, and that its due execution was this day
proven by E.P. Croxall one of the attesting witnesses thereto, whose
proof together with such Will have been duly recorded on pages
15,16,17,18 of the Record of Wills in our office.
Witness my hand and seal of said
court affixed at New Albany this 23rd March, 1865.
W.W. Tulley, Clerk
CODICILS to the
WILL of RANDALL
CRAWFORD:
I, Randall Crawford, of New Albany,
Floyd Co. IN. make and publish the following as a CODICIAL
to my last Will.
Item 1. In my said Will (which is not
now before me) I have directed that my daughter Mary Morril be charged
for the rent of the house and premises, where she and husband now
reside, and that the amount of the rent charged be deducted from the
share of my Estate she would otherwise receive by said Will, but I now
will and direct that she shall not be charged anything on account of
said rent or occupation from.
The share of my estate intended to be
given to her by said Will, yet she and her husband to keep the
buildings on said premises insured in the sum of $1200 dollars so long
as they occupy the same in the manner they heretofore have.
Item 2. By my said Will I have given
the use of the house where I have lately resided and also the
furniture to my wife Hannah H. Crawford during her life: In the main
familine, I mean to include all my books in the house, said house now
needs painting on the outside, and ___ casting in the porch
and the roof to be repainted (the rest unreadable), and repairing to be
done at the expense of my estate generally.
I hope that my wife and children will
find an opportunity to sell said house and the four lots connected
therewith on such terms as shall be satisfactory to each and all of
them, and in such case I strongly advise them to sell, and in order to
enable them to have a conveyance duly made in case of such sale without
the expense of a suit in Court, I will & devise said I will said
lots to my executors in fee simple, in trust only that in case of such
sale of the same as aforesaid, she shall convey the same pursuant to
said sale. Until said house and lots and the building where my law
office is shall be sold or divided, I direct that said dwelling
house and furniture be kept insured in the sum of $7,500, and said
building where my office is, be kept insured in the sum of $5000 and
the cost of said insurance to be paid out of my estate.
Item 3. I appoint my wife Hannah H.
Crawford sold Executrix of said Will and this Codicil intending that
shall of course select all such assistance and advice wherein as she
may need.
In witness whereof I have hereto set
my hand and declare and publish this as a codicil of my said Will at
Brooklyn in the State of New York this 27th of Feb. 1865.
Randall Crawford (seal)
Said Randall Crawford declared the
foregoing Codicil to his last Will and we at his request and in his
presence and attest the same as witnesses, on the day and the place
aforesaid.
Henry T. Taber, 194 Clement Ave.
Brooklyn, New York
Mary A. Taber, 194, Clement Ave,
Brooklyn, New York.
I said Randall Crawford make and
publish the following as a further Codicil to my Will.
Item 1. I direct that my lot in the
Burying ground at new Albany where my former wife 2 children & 2
grandchildren have been buried be properly repaired and be marked with
suitable stones placed at each corner and each foot stones with the
indicated by a small but neat head & foot stones with the initials
of the names of those buried there on the head stones respectively and
that one thick slab or pillar of marble plain but neat be erected there
with surface large enough to contain the names and a short description
of all the persons who may be buried in the lot.
Item.2, I hold the legal title to 30
acres of land lying just below the City of Jeffersonville in what was
formerly called the Leavenworth Tract, and it has been subdivided into
lots, a plat of which is in my office. I hold the legal title to this
land in tract to sell it, and collect the proceeds and to keep for my
own use and benefit one equal third of the proceeds, and to pay on the
other 2/3rds of them to a Manufacturing Company in Rhode Island,
whose name I do not now recollect, but which was a client of mine and
said lands were taken in payment of a debt due from the Leavenworth to
said Company, Now to avoid expenses of a suit in Court, to make a title
in case said lands can be sold at a satisfactory price. I devise said
lands to my Executors heretofore named in trust only that she may
execute and deliver a deed conveying said lands pursuant to said sale.
In witness whereof I have hereto set
my hand and declare this to be a Codicil to my said Will at Brooklyn in
the state of New York., this 1st of March
1865. Randall Crawford.
Said Randall Crawford declare the
foregoing to be a Codicil to his last Will and we at his request
and in his presence attest the same as witnesses on the day and at the
place aforesaid. Henry T. Taber & Mary F. Taber,
Brooklyn. New York.
State of Indiana, Floyd County}SS.
Mary Lyons on her oaths says she was
familarily acquainted with Randall Crawford in his lifetime, and very
often saw him write, and is very well acquainted with his handwriting,
and she further says that she is very well acquainted with Henry T.
Taber & Mary F. Taber, who are relatives of hers, and that they
reside in Brooklyn, New York and now absent from the state of Indiana,
and that she is well acquainted with their handwriting, and that she
further says that she has carefully examined the 2 Codicils to the last
Will of said Randall Crawford, deceased, which are hereto attached and
she has in like manner examined the signature of said Crawford
thereto, and the signatures of said Henry T. Taber and Mary F. Taber as
attesting witnesses thereto and that the first name signature of said
signature is the genuine personal signature of said Crawford, the
testator, in said Will and the last named are the genuine signatures of
Henry T. Taber & Mary F. Taber, and she further says that, on the
27th of Feb. & March 1st 1865, the dates respectively of the
execution of said Codicils, she was with Crawford and that at the time
of executing the same he was
competent to devise his property, and was not under any coercion and
further she says that he was now dead, departed this life on March 6th
1865, and further she says
not.
Mary Lyons.
State of Indiana, Floyd County}SS.
Subscribed and sworn to before me
this 23rd of Marc. 1865.
Witness my hand and seal of said
court on the day and year aforesaid mentioned.
W.W. Tully, Clerk.
State of Indiana, Floyd County, SS.
I,William W. Tully; clerk of
the Court of Common Pleas, Floyd County, Indiana, hereby certify that
the foregoing Codicils to the Last Will and Testament of Randall
Crawford, deceased, were this day duly admitted to probate, and their
due execution proven by Mary Lyons, whose proof together with
said Codicils are recorded on pages, 18,19,20 of the Record of Wills in
our office.
Witness my hand and seal of said
Court affixed at New Albany this 23rd of March. 1856.
W.W. Tully, Clerk
JOSEPH BLUNK, WILL
Date: April 6, 1887
I, Joseph Blunk, of Floyd County, IN. do hereby make and declare this
to be my last Will & Testament.
1st. I desire my just debts and funeral expenses to be paid.
2nd. I will and devise to my daughter Mahala Blunk, 1 feather bed and
the spring wagon, and the west 12 acres of the Real Estate in Floyd Co.
, described and bounded as follows:
that part of the South west quarter of section 26, Township 3, South of
range 5, East bounded as follows:
beginning at the South west corner of said quarter section, thence
North along the west line of the same 20 poles, to a stake in said
line, and thence extending East the same width to the East line of said
quarter, with the south line of said quarter for its southern boundary,
containing 20 acres more or less, and also 8 ½ acres of the
south west quarter of the south east quarter of the same section,
Township and range.
3rd. I will and devise all the rest and residue of my personal
property to my daughter Letitia Blunk, and also the west 6 acres of the
East 8 acres of said part of the south west quarter of section 26,
Township 3, South of range 5 East, which is bounded as follows:
Beginning at the North west corner of said quarter section, thence
north along the west line of the same 20 poles to a stake in said line,
and thence extending East the same width to the East line of said
quarter, with the South line of said quarter for its southern boundary,
containing 20 acres more or less, and also 8 ½ acres of the
south west quarter of the south east quarter of said section, Township
and range with the appurtenances.
4th, I will and devise to my son William T.Blunk, the East 2 acres of
that part of the South west quarter of section 26, Township 3, South
west corner of said quarter section, thence North along the West line
of the same 20 poles to a stake in said line and thence extending East
the same width to the East line of the said quarter, with the south
line of said quarter for its southern boundary, and also 6 acres out of
the South West corner of the South west quarter of the South East
quarter of said section, Township and range to be laid off immediately
adjoining the 2 acres herein before devised to him.
5th, I will and devise to my daughter Sarah Jane Brock and her daughter
Cora Ann Morrison, together 8 ½ acres of said South west quarter
of the south east quarter of section 26, Township 3, south of range 5
East.
6th, I will and devise to my daughter Barbara Ann Lamb 81/2 acres of
said section 26, Township 3, south of range 5 east, with the
appurtenances.
Witness my hand and seal this 6th of April, 1887.
Joseph Blunk, (seal)
Signed, sealed and acknowledged by the said Joseph Blunk as his last
Will & Testament and signed by us in his presence and at his
request, and in the presence of each other.
William W. Tuley, David W. LaFollette, Patrick H. Dailey.
State of Indiana, Floyd County}SS
Be it remembered that on this 12th of December 1887, David W.
Lafollette, one of the subscribing witnesses to the within and
foregoing last Will & Testament of Joseph Blunk, late of said
county, deceased, personally appeared before the Floyd County Circuit,
IN., 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 6th of
April 1887, he saw the said Joseph Blunk sign his name to said
instrument in writing as and for his last Will & Testament, and
that the deponent at the same time, heard the said Joseph Blunk declare
the said instrument in writing to be his last Will &
Testament, and that the said instrument in writing was at the same time
at the request of said Joseph Blunk and with his consent attested and
subscribed by the said David W. Lafollette, and William W. Tuley and
Patrick H. Dailey, in the presence of said Testator, and in the
presence of each other, as subscribing witnesses thereto, and that the
said Joseph Blunk was at the time of the signing and subscribing of the
said instrument in writing as aforesaid, of full age, (more than 21
years) and of sound & disposing mind and memory and not under
any coercion or restraint, as the deponent verily believes, and further
says not.
David W. LaFollette
Sworn to and subscribed by the said David W. LaFollette, before me
Henry A.W. Meyers, clerk of said Floyd Circuit Court on the 12th of
December 1887.
In attestation whereof, I have hereto subscribed my name and affixed
the seal of said court. Henry A.W. Meyers, Clerk
State of Indiana, Floyd County}SS.
I, Henry A.W. Meyers, clerk of the Floyd County Circuit Court, IN. do
hereby certify that the within annexed last Will & Testament of
Joseph Blunk has been duly admitted to probate and duly proven by the
testimony of David W. LaFollette, one of the subscribing witnesses
thereto, that a complete record of said Will and the testimony of the
said David W. Lafollette in proof thereof, has been duly made and
recorded by me at pages 7, 8,9 of the Record of Wills of said County.
In attestation whereof, I have hereto subscribed my name and affixed
the seal of said court at New Albany, this 12th of December ,1887.
Henry A. W. Meyers, Clerk.
State of Indiana, Floyd County}
I, Henry A.W. Myers Clerk of the Floyd circuit Court for the said
county and state, do hereby certify that the above is a full and true
complete record of the will of Joseph Blunk, deceased, and of the
certificate of the Probate court thereto attached, as the same appears
on file in my office this 12th of December, 1887.
Henry A.W. Meyers. Clerk.
JOHN HAGAN,
WILL (COLORED)
Date: June 4, 1851
I, John Hagan of Floyd County, IN. being in feeble health but of sound
mind and memory and aware of the uncertainty of human life, do make and
constitute this as my last Will & testament.
1st. it is my desire that my body be decently buried.
2nd. It is my will and desire that all my just debts be paid out of my
estate.
3rd. I give and bequeath to my beloved wife Rachel Hagan, the dwelling
house, with the out buildings appurtenances to the same, together with
5 acres of ground upon which the same are situated, being Lot # 4 in
the plat of lots laid off some years ago by Jesse Oatman & part of
the north east quarter of section #9 in Township 3 South of range 6,
East, in the Jeffersonville Land District, which Lot was conveyed to me
by Elijah R. Day and Margaret Ann Day, his wife, on the 12th of
February 1847 and will be found recorded in the Recorders office of
Floyd County, in Deed book L. page 346, to be held by her during her
natural life, and at her decease to go to my 2 daughters by her,
Ailsey Hagan & Jane Hagan.
4th, I give and bequeath to my said 2 daughters the residue of the
tract of land, at this time occupied by me as a residence (after
deducting the said 5 acres devised to my said wife Rachel), containing
30 acres, to be equally divided between them.
I also five and devise to my 2 daughters all the rest of the real
estate of which I may be seized & possessed. I also give and
bequeath to the said wife Rachel Hagan all the personal estate of which
I may die possessed to be kept, and enjoyed by her, so long as she
remains my widow, but if she should marry then it is my will that it
shall thereupon go to my 2 daughters Ailsey Hagan & Mary Jane
Hagan.
And I do hereby constitute and appoint Thomas York of the city of New
Albany, as Executor of this my last Will & Testament.
In testimony whereof I have hereto set my hand, and affixed the seal
this 4th of June,
1851.
John Hagan (seal)
Signed, sealed and acknowledged by the above named John Hagan and in
our presence, and at his request and in his presence attested by us as
subscribing witnesses.
Henry P. Thornton & Pleasant Lucas.
State of Indiana, Floyd County}SS.
Henry P. Thornton, being duly sworn, says that he was an attesting
witness to the last Will & Testament of John Hagan, a man of color,
which is hereto attached, that Pleasant Lucas was also an attesting
witness to the same, that they attested the same as is therein set
forth, that at the time of the executing said Will, the said John Hagan
was fully competent to devise his property, and said last Will &
Testament and was duly executed by him, without any undue influence or
coercion of any kind whatever, that the name of the said Hagan was
subscribed to said Will by him, said affiant, at the request and by the
direction of said Hagan, and that the cross as his mark which appears
in connection with his said name, wad made by said Hagan, and said
affiant further says not.
Henry P. Thorton
Subscribed and sworn to before me, Feb. 19,1858.
In witness whereof, I have hereto set my hand and affixed the seal of
the Court of Common Pleas of Floyd County, IN. on the day and
year last written. Salem P. Town, Clerk
State of Indiana, Floyd County}Ss.
I, Salem P. Town, Clerk of the Court of Common Pleas of said county
& state, hereby certify that the foregoing last Will &
Testament of John Hagan, late of said county, deceased, has been duly
admitted to probate, that its due execution was this day proven by
Henry P. Thornton whose proof, together with such Will has been duly
recorded on the 95th & 96th pages of the records of
Wills in our office. Salem P. Town, Clerk
In witness whereof, I have hereto subscribed my name, and affixed the
seal of said Court at New Albany, this 19th of Feb. 1858.
Salem P. Town, Clerk