||----The Will of JOSEPH PIERSON BRUSH. Transcribed and submitted by Kimberly Fuentes. Thank you Kimberly!
January the 24th 1855
Now I Joseph P. Brush feeling very weak and frail in body but strong as usual in mind and under existing circumstances know the uncertainty of life and the certainty of death, do now make my last will and testament as follows towit. First - I wish to be buried in a plain and decent manner in accordance with my former way of life.
And second - I want all my debts to be paid out of my Personal Estate.
And then I want my wife Elizabeth Brush to have the control of all my Real and Personal Estate ao long as she may live, and at her death then I want all that is left of my Real and Personal Estate to go to my two youngest sons Jared L. Brush & Enos J. Brush, that I want the South fork creek that runs through my Real Estate to be the dividing line
between or in dividing my land and that I want my youngest son Enos J. Brush to have the part of the tract of land that is on the east side of the above described land of mine and my son Jared L. Brush to have the part that lies on the west side of said creek above named.
In witness whereof I have hereunto set my hand and Seal this 24th day of January 1855.
Joseph P. Brush
Signed in presence of
Joseph T. Brush
State of Indiana Ohio County
Personally appeared before me a Justice of the Peace in and for said County, Joseph P. Brush the person named in the foregoing will, and I am well acquainted with him the said Brush, and that he signed the above for the uses and purposes therein mentioned.
This 24th day of January 1855
John Meyers, Justice
The State of Indiana Ohio County
Be it known that on the 25th day of September 1856 Joseph T. Brush of lawful age, & one of the subscribing witnesses to the foregoing will of Joseph P. Brush deceased, came personally before me the clerk of the Court of Common Pleas of said County, who being
by me duly sworn deposeth and saith that he was present at the time said deceased signed said Will which was done by him said deceased in presence of this deponent and in presence of John Meyers the other subscribing witness to said Will. that this depo-
nant did in the presence of said deceased and at his request and in presence of said Meyers the other subscribing witness to said Will, subscribe his name as a witness to said Will, that he the said deceased at the time he signed his said Will on the 24th day of January 1855 in presence of said deponent & said Myers, was of lawful age to devise his property of sound mind & memory and not under any coersion or restraint whatever. And said Testor declared said will to be his last Will & Testament. And further saith not. Joseph T. Brush
Subcribed & sworn to before me this 25th day of
In Testimony whereof I have hereunto
subscribed my name and affixed the
Seal of said Court at Rising Sun this 25th
day of September 1856
John R. Ross Clk
The State of Indiana Ohio County
I John R. Ross Clerk of the Court of Common Pleas of said County do certify the foregoing to be a full record of the last Will and Testament of Joseph P. Brush deceased and of the proof and attestation thereof
Given under my hand this 26th day of September 1856.
John R. Ross Clk
----Will of James STEWART. Transcribed and submitted by Richard Connell. Thank you Richard!
THE WILL OF JAMES STEWART, dated 21 May 1832, Probated 11 Nov 1833, Will Book 1, pp. 124-9, Dearborn County, Indiana.
IN THE NAME OF GOD, Amen. This twenty first day of May in the year of our lord one thousand eight hundred and thirty two, I, JAMES STEWART, Farmer, of the Township of Randolph, County of Dearborn and State of Indiana, Being weak of body but perfect in mind and memory, Thanks be to God for the same, therefore calling unto mind the mortality of my body and knowing that it is appointed for all men once to die, do make and ordain this, my last will and testament, hereby revoking all others heretofore by me made. That is to say, principally and first of all, I give and recommend my soul into the hands of Almighty God that gave it and my body, I recommend to the Earth to be buried in a decent Christian Burial at the discretion of my Executors nothing doubting but at the general resurrection I shall receive the same again by the mighty Power of God and as touching my worldly estate - I give demise and dispose of the same in the following manner and form.
1st I give and bequeath unto MARY STEWART my dearly beloved wife, my farm that I now live on in the above described Township, with all the appurtenances and privileges there unto belonging during her natural life and at the decease of the said Mary Stewart, after paying all the just demands against said estate, the said quarter section of land shall be sold for the Best price it may bring and the proceeds disposed of as follows, to wit,
To my son WILLIAM, I give and bequeath the sum of fifty dollars in addition to what he has of me already Rec'd, Also my son, JAMES TORRENCE STEWART, I give and bequeath the sum of twenty five dollars in addition to what he has Rec'd, and to my son, JOHN, I give and bequeath one hundred dollars, together with two lots in the Town of Rising Sun, in the Township aforesaid,
My Daughter, ANN McPHERSON, I give and bequeath the sum of twenty five dollars, also my Daughter, MARGARET McCABE, I give the sum of one hundred dollars, also my Daughter JANE BARRICKLOW, I give the sum of one hundred dollars, also my Daughter, MARY, I give the sum of one hundred and fifty dollars, together with a horse and two beds and bedding all which sum or sums of money - - shall be paid proportionable to each of my named children when the land shall be sold and the money collected and the overplus, if any, to be equally divided amongst all my children.
I do hereby appoint my two trusty friends, MATHIAS HAINES & SAMUEL JILLEY, to be my sole Executors of this, my last will and testament, revoking all others by me made.
As witness my hand and seal the day and date first above written.
JAMES STEWART ( Seal )
Sealed, signed and delivered in the presence of
William Lewis, Samuel Jilley
State of Indiana }
Dearborn County }
Before me, Alexander U. Dill, Deputy Clerk for James Dill, Clerk of the Dearborn Circuit Court, personally came SAMUEL JILLEY, one of the subscribing witnesses to the foregoing last will and testament of James Stewart, deceased, and being duly sworn, declares and swears that he signed the foregoing last will and testament of James Stewart as a witness, in the presence of the Testator and in the presence of William Lewis, the other subscribing witness, and at the request of the Testator, the same having been signed, sealed and published by the Testator as his last will and testament and he the said Testator being there, to wit: 25th day of May 1832, of sound mind and disposing memory, as this deponent verily believes.
Sworn to and subscribed 11th day of October 1833. Before me.
Alex- U. Dill, Deputy Clk.
Also personally appeared in Court at the November Term, 1833, at the Probate Court before John Livingston, Probate Judge of said court in and for Dearborn County, WILLIAM LEWIS, one of the Subscribing Witnesses to the foregoing last will and testament of James Stewart, dec'd, and being duly sworn declares and swears that he signed the foregoing last will and testament of James Stewart as a witness in the presence of the Testator and in the presence of Samuel Jilley, the other subscribing witness, and at the request of the Testator, the same having been signed, sealed and published by the Testator as his last will and testament, and he the said Testator being then to wit: on the 25th day of May 1832, of sound mind and disposing memory as this deponant verily believes.
Sworn to in open court 11th day of November 1833.
James Dill, Clk.
The foregoing last will and testament of JAMES STEWART was proven and admitted to record at the request of Haines and Jilley, Executors therein named. 11th day of November 1833
James Dill, Clerk
[Transcribed by Richard A. Connell, 20 Sep 2001] Note: Name may be Jilly or Jelly.
[Some names capitalized and some punctuation added for clarity for the reader.]