John G. Laboyteaux Will
Submitted by Marilyn Harlow
This will was received for record in the Owen County, IN court on 17 October, 1853. Index 2-18-5. Will dated 13 September 1851 as follows:
"I john G. Laboyteaux of the County of Owen in the State of Indiana, do make and publish this my last will and testament in manner and form following that is to say,
First, it (is) my will that my funeral expenses and all my just debts be fully paid.
Second, I give to my grandson, John G. Laboyteaux, son of Elisha Laboyteaux, my silver watch.
Third, I direct my executor to sell my other personal property at public sale and also my real estate consisting of two houses and four lots in the town of Gossport, in the State of Indiana and eighty acres of land lying near Crawfordsville in said State and my rail road stock to be sold in a reasonable time after my decease, either at private or public sale for the best interests for the heirs.
Fourth, I give and bequeath to my son Stephen Laboyteaux one fifth part of the proceeds of my estate and one hundred dollars in addition thereto and to his heirs.
Fifth, I give and bequeath to my son Elisha Laboyteaux, one fifth part of the remaining sum and to his heirs.
Sixth, I give and bequeath to my daughter Barsheba Compton, wife of Reuben L. Compton and to her heirs one equal fifth part after deducting forty dollars from her share.
Seventh, I give and bequeath to my five grandchildren, sons and daughters of my son Joseph Laboyteaux, deceased and to their heirs, one fifth part as aforesaid after deducting the sum of Five Hundred dollars from their share that I consider has been advanced to their father in land now possessed by them.
Eighth, I give and bequeath to my son, Asher Laboyteaux and to his heirs, one fifth part as aforesdaid, provided he shall have satisfactorily accounted to me for certain claims put in his hands for collection in Louisville, KY for upwards of Three Hundred dollars then in that case said sum to be deducted from his share.
And lastly thereby constitute and appoint Jefferson Wampler and Wiley Williams Executors for this my last will and testament, evoking and annulling all former wills by me made and ratifying and confirming this and no other to be my last will and testament.
In testimony whereof I have hereunto set my hand and seal this thirteenth day of September 1851.
Signed published and declared by the above named John G. Laboyteaux and for his last will and testament in presence of us who at his request have signed as witnesses to the same.
(s) David Wampler
(s) William Wiatt
State of Indiana, Owen County"
Be it remembered that on this 17th day of October, 1853, personally appeared David Wampler and William Wiatt, the subscribing witnesses to the foregoing last will and testament of John G. Laboyteaux of said county, deceased. Before me, Isaac E. Johnson, Clerk of the Court of Common Pleas of Owen County and takes and subscribes the following oath to wit:
We do solemnly swear that the foregoing instrument of writing is the last will and testament of John G. Laboyteaux, late of Owen County, deceased and that the said John G. Laboyteaux signed, sealed published and declared the said instrument as his last will and testament in my presence to said will and that he was of sound mind and memory and not under coercion or restraint at the time of his executing the said will and that he was of lawful age to devise his property and that we signed our names as witnesses thereto in the presence of each other, so help me God.
(s) David Wampler
(s) William Wiatt State of Indiana, Owen County
I, Isaac E. Johnson, Clerk of the court of Common Pleas of said county, certify that the will is last will of John G. Laboyteaux. late of Owen County, deceased, has been duly admitted to probate that its due execution was this day proven, by David Wampler and William Wiatt, whose proof together with such will they have been duly recorded on page 17 and 18 of the Record of Wills, No. 2, in my office. In witness whereof I have hereunto set my hand and affixed the seal of said court this 17th day of October, 1853.
(s) Isaac E. Johnson C. C. C., Owen County