Will of George Byfield contributed by Ginger White

 

In the name of God Amen. I, George Byfield, Of Scott County, Indiana, knowing that it is appointed for s??? once to ??? and being in a low state of health but thanks to Almighty God for his mercies I still retain my usual state of mind and wishing to leave my worldly matters in such manner as will be just and equitable amongst my legal heirs I make this my last will and Testament and commit my body to dust to be buried in a decent and Christian manner. And the funeral expenses to be paid by my Executor out of the money made of the personal property. I also commit my spirit to God who gave. I appoint my friend Thomas Hill Senior my executor to execute this my will according to the true meaning it carries and according to the statutes of the state.

Item 1st. I bequeath to my beloved wife Lana Byfield my Bay Mare and colt and two cows and calves, eight head of sheep and a sufficient number of Hogs to support her and the small children one year and as much of the Household and Kitchen furniture as may be neceň─sary to keep house decintly with.

Item 2nd I have given to George Washington Byfield my oldest son a full portion equal to the rest of his brothers and sisters. I therefore now do not leave him any other share than what he has received.

Item 3rd I bequeath to my daughter Harriet Griffith the North half of the North west quarter of section No. ten Township four North of Range Seven East.

Item 4th I bequeath to my second son Freeman Byfield land supposed to be one hundred and sixty acres more or leň─s in the following description and bounds Vi* beginning at the most northern big gate on the farm on which I now reside about sixty poles south of the Muscatatucks, thence from said gate north to the said Muscatatucks thence running down the meanderings of the said River until it strikes the corner of the land that I sold to Henry Betty lying in the north east qr.. of Section 2 Town 4R7 thence following the line of said sold land down the bayou until it strikes the Township line, thence on the Township line west until it strikes the corner of the land that I sold to Jonathan Clark which is in the North West qr.. of said section twos, thence south on the line dividing the twenty acres that I sold to the said Clark until it comes to the south east corner of the said twenty acres thence it runs west to the line * * * * * * * * east and west half of said North west qr. section, thence south o the line dividing the said halves enough that when running a due East course to have the spring that the said Freeman now uses ten poles North and continue east until it strikes the fence of the farm we now occupy, thence running with the said fence a little North of East until the place of beginning making in all as I suppose one hundred and sixty acres. But the said Freeman shall pay five hundred and fifty dollars the amount of notes that William B. Lewis holds against me as they respectively come due.

Item 5th I bequeath to my daughter Maria all the west half of the North West qr.. of Section Eleven T.4 R.7 Also a three year old Roan Mare.

Item 6th I bequeath to my daughter Ida all the East half of the North East quarter of Section Eleven in Township and Range half named.

Item 7th I bequeath to my son Albert all of the East half of the South West quarter of Section two in the town and range as above named that is left of Freemans lot. Also eighteen acres lying East of Freemans lot in the River bottom to the East of the field where Freemans first line Callsf**.

Item 8th I bequeath to my son Marion all of the North West forty acres of the North West qr. of Section Eleven in the Town and Range above named. Also all of the South part of the East half of the south East quarter of Section two that is south of the of the following line Vi* beginning at the gate where Freemans lot begins & runs a little South of East about ten poles to a large oak tree, thence a due East course with a line of fence to the section line dividing the qr. section from Tobias land.

Item 9th I bequeath to my youngest son Charles all of the East half of the South West quarter of Section Eleven in the Town and Range as repeatedly names within and also all of the West half of the South East quarter of Section two that is left of Freemans lot supposed to be about seventy two acres more or less. Also about fifteen acres in a field that lies South of Alberts and North of Marions and East of Freemans lots in the east half of the south East and North East quarters of Section two. All of the above named items are intended to belong respectively to my children as herein named. But be it and it is expreň─sly understood that my beloved wife Lana shall have the care and control and management of the three last names childrens land during her natural life or until they respectively arrive to the age of twenty one years and when Albert and Marion are twenty one years old they shall have poň─seň─sion of their respective lots and when Charles becomes twenty one years old if his mother is still living he shall take one half of his land in poň─seň─sion and his mother shall **** other half in poň─seň─sion during her life and have ***** of the rent of half as long as she lives. but at her death he shall inherit it all. Nevertheleň─s she and Albert, Marion and Charles shall all have their living and support and their three lots equally until her death or they become of age. All my personal property that is not herein above disposed of my executor shall sell at public sale to the best poň─sible advantage accounting to the statutes and the proceeds shall be applied to pay my just debts by my executor and if the avails in insufficient I wish my executor to rent all the land belonging to my three youngest children and to the best advantage and apply all that may be over and above what my wife and three younger children need to support on and it shall be rented from year to year in succeň─sion till all shall be paid. One hundred dollars and the interest thereon shall first be paid to Horatio Byfield and the second debt that shall be paid shall be to William Hopper and all other debt shall be paid as fast as my executor can make the money.

At the decease of my wife all the personal property that she may have shall be sold and the money arising from the sale shall after paying funeral expenses be divided equally among my heirs if all my debts are paid if not it shall be applied to the payment of them.

N.B. All of my land lying and being in Jennings County shall be annexed to Freemans lot.

I acknowledge that this is my last will and testament and wish it to be executed according to its true meaning and I hereby sign and seal and deliver it to the care of my wife to be kept among my papers till my decease. June first day 1800 forty five

 

George Byfield

Signed sealed and delivered in the persons of (his seal)

Sam'l A. Keith, Cyrus Day }

Christian Young John Watson }

 

State of Indiana } Clerk Office of the Scott Probate Court

Scott County } June 18. 1845

 

Be it remembered that on this day personally appeared before the undersigned Clerk of the Probate Court of said County Cyrus Day, Christian Young and John Watson three of the subscribing witneň─ses to the last Will and Testament of George Byfield late of said county deceased which will being exhibited to and examined by the said Cyrus Day, Christian Young and John Watson and they being by me duly sworn state they saw the said George Byfield sign seal publish and declare the same to be his last Will and Testament the same having been first read in his presence and in this hearing and that they believe that he the said Testator was at the time of the of the signing and that he was not under coercion or restraint and that they sign their names thereal as witneň─ses in the presence of said Testator and at his request and in the presence of each other and in the presence of Samuel A. Keith the other subscribing witneň─s whereto and further say not.

 

Cyrus Day

 

Christian Young

 

John Watson

Subscribed and sworn to before me this date above.

{ Seal ) In Testimony whereof I have hereunto set my

{ } hand and the seal of the probate court at Lexington

 

this 11th day of June 1845

 

Willis L. Traylor Clk.

Filed and Recorded June 18th 1845

 

Willis. L. Traylor

 

 

Will of Lewis Byfield contributed by Barbara Keene

 

In the name of God Amen

I Lewis F. Byfield being in a sick and low Condition, but of sound mind and memory; and remembering the mortality of man do Ordain and Establish this my last will and testament in the

manner and form following towit First I Commit my body to the earth and my soul to God who gave it; and as to the worldly substance in which it has pleased God to bless me I dispose of in the following manner It is my wish immediately after my demise that my beloved wife Ruth Ann shall have choice of one bedstead and bedding and one stand the rest of my personal property I order

and direct to be sold by my executors at the best possible price which shall be applied in the payment of all my just debts and if in the event this amount will not be sufficient to meet the demands against me I then order and direct what my landed ***** shall be rented until the amount arising from such rent shall be sufficient to meet such claim; and after such claims are duly settled I give and bequeath unto my wife Ruth Ann all my personal and Real Estate to have and to hold forever provided I shall have no legal minor heirs but in the event shall have a legitimate heir or heirs and that heir or heirs shall survive the natural life time of my beloved wife. I order and direct that it shall inherit all my estate that shall there remain. I further direct that this legitimate child of mine shall receive a good English Education.

 

I hereby nominate Constitute and approve my trusty friend Rev. Thomas Hill Executor of my last will and testament Whereof I have here unto set my hand and seal this twenty first day of

December One thousand eight hundred and forty eight.

 

` Lewis F. Byfield (seal)

 

Signed sealed & published be his last will and testament by the above signed Lewis F. Byfield in the presence of us who have signed the same as witnesses in the presence of the testator and in

the presence of each other.

Christian Young

James Bovard

 

State of Indiana } Clerks Office of the Scott Probate Court,

Scott County *** January 25, 1849

 

Be it remembered that in this day personally appeared before the

undersigned Clerk of the Probate Court of said County Christian Young and James Bovard the subscribing witnesses to the last will and testament of Lewis F. Byfield late of said County deceased which will being Established and Examined by the said Christian Young and James Bovard and they being by me duly Sworn State that they saw the Said Lewis F. Byfield sign said publish and declare the same to be his last will and testament and that they believe that he the said testator was at the time of signing & sealing the same of sound mind and disposing memory and that he was not under any restraint or coercion and that they signed their names there to as

witneň─ses in the presence of said testator and at his request and in the presence of each other and further say not

 

Christian Young

James Bovard

 

Subscribed and sworn to before me the date above

 

For testamony where of I have hereunto set my hand and affixed the seal of said

 

(seal) Probate Court at Lexington this 25 day of January AD 1849

 

Willis L. Traylor Clerk

File & Proved & Recorded January 25,1849

 

Willis L. Traylor Clerk

 

 

Will of William Elston Collings contributed by Pat Mount

 

 

"In the name of God. Amen. I William El.Collings, of the County of Scot and State of Indiana, being sick and weak in body, but sound of mind, considering the certenty of death and the onsertenty of the time thereof, and being desirous to settle my Worldly affairs and thereby be better prepared to leave this World when it shall please God to call me, hense do therefore make and publish this my last will and testement, in order and form following that is to say:

 

"First and prinsipley I commit my Soul unto the hands of Almighty God and my body to the Earth to be decently buaried at the discreason of my friends, and after my debts and funeral charges are paid I devise and bequeath as follows:

 

"I give to my beloved wife, Phebey Collings, the yuse of my plantation on which I now live duren her natrel life and at her deth the one half of the land to belong to my beloved son, John Collings, for his only proper yuse for Ever and the other part to be divided between my beloved children, namely Zebulon Collings, Jane Biggs, Karnes Collings, Sichey Richey, Lydiah Cochran. My beloved wife, Phebey Collings, to take choice of one out of my stock of horses for her yuse and the others to be priced and the valuation to be equeley divided amongst my living children above menshioned at this time, and my sheep to belong to my wife and one cow for her own yuse, and one head of hogs such as she may chuse out of my stock of hogs, and the balens of my stock of hogs and cattel and waggon to be sold to discharge my debts, and my rifel gun to be given to my wife. My farming utensils to be given to my wife for the use of tending to the farm, and all my houshould and kitchen furnitur to be given to my wife, and my son, John Collings, to have my cooper tools, and to my beloved son Ritcherd Collings, devised one dollar, and to my son, Henry Collings, devised one dollar, and to my beloved daughter Elizabeth Richey, devised one dollar. The crop of corn to be given to mv wife and the corn coming from Hannah Green also, and the proceeds arising from the sales of all the property that is to be sold after paing all by lawful debts, to be given to my wife, Phebey Collings, and my son, John Collings, to have my yong yoke of oxen forever for his own use.

 

"Lastly I do appoint Samual Applegate,Thomas Appelgate, Fransis Rose arbitrators to settel any dispute that may arise to this my last Will, confirming this to be my last will and testament.

 

"In testimony whereof I have caused my name and my seal to be fixed by Zebulon Collings, this twenty-third day of November, in the year of our Lord one thousand eighteen hundred and twenty-eight.

 

/s/ William Elston Collings (SEAL)

 

"Published and declared by William Elston Collings the above named testator as and for his last will and testement in the

presence of us. who at his request in his presence and in the presence of each other have subscribed our names as witness

thereto:

 

Charles Coons

Miller Biggs

Mary Coons

 

"Two days later, on November 25, 182S, William E. Collings made a codicil to this will, whereby he corrected an oversight in the original. In it he appointed his sons, Zebulon and Kearns Collings, administrators of the will and guardians of his wife, Phoebe Collings. It was signed by him and witnessed by Charles Coons. Mary Coons and Sarah Biggs.

 

This will was proved but it is not a matter of record. At one time it was available in the vault of the Clerk's Office.

 

    * Reply

 

 

Will of Daniel Smith contributed by Judy Milan

 

 

In the name of Almighty God, I Daniel Smith being weak of body but of Sound and disposing mind and memory do make and publish this my last will and testament ????. I Command my soul to almighty God and my body to the grave. And as tosuch any worldly possessions I will & bequeath them as follows ????:

 

Item 1st That all my just debts that I may be owing be paid as soon as possible by my executor

Item 2nd I give and devise the home farm on which I now reside together with all the appurtenances thereto belonging containing about two hundred and fifty acres more or less and being parts of lots numbers two hundred and ninety six and two hundred and ninety seven of Clarks or Illinois Grant situated in Scott County, Indiana to my beloved sons Daniel Smith and John Smith who are now minors to be equally divided between them and that my beloved wife & my children who are unmarried and now being at home and occupy the house on said place so long as they desire.

Item 3rd I give and bequeath to my beloved wife Elizabeth Smith five hundred dollars

Item 4th I give and bequeath to my beloved children Russia Smith and Adaline Smith each two hundred dollars

Item 5th I give and bequeath to my beloved children Robert Smith, Louisa Penrod, Polly Phillips and Nancy Phillips each one hundred dollars. The reason they receive less than my other children is that I consider they have already received considerable advancements.

Item 6th I const??? hereby my aforesaid children Daniel Smith and John Smith my residuary legatees to have and receive all the balance of my estate that is left after paying the legacies aforesaid and the debts against my estate & expenses of executorship

Item 7th I hereby appoint my friend Aaron Rawlings to be the executor of this my last will and testament and William K. Marshall to be the guardian of the persons and estates of my minor heirs.

 

In witness whereof I Daniel Smith the testator aforesaid do hereto set my hand and seal this twenty third day of May 1854.

 

Daniel Smith

 

Signed sealed and published and declared by the said testator Daniel Smith on the 23rd day of May 1854 to be the last will and testament of said testator in the presence and hearing of James Sommerville and Abednego Owens who at the request of said testator hereunto affix their names as subscribing witnesses.

 

James Sommerville

Abednego C. Owens

 

The State of Indiana

Scott County

 

We James Sommerville and Abednego C. Owens each swear that the foregoing instrument of writing signed and sealed by Daniel Smith is his last will and testament. That we said ????? are the identical James Sommerville and Abednego C. Owens whose names are thereto attached as subscribing witnesses that the said testator Daniel Smith signed the same in our presence and declared and publishing to us that the same was his last will and testament and requested us to sign the same.

 

 

Will of William P. Smith, Sr. contributed by Judy Milan

 

I William P. Smith sen, being of sound mind and disposing memory do make and publish this my last will and testament hereby revoking all former wills by me heretofore made.

 

First My body shall be decently buried and my funeral conducted in a becoming manner2nd My funeral expenses and all of my just debts shall be paid with as little delay as possible 3rd I give and bequeath to my wife Eleanore Smith the controll of all my real estate for & during the term of her natural life & she is to have the ordinary ????? and profits of all of it except that which I herinafter bequeath to my son William P. I also give to my wife the possession and controll of al my personal estate. She is to have the possession of the house and home farm during her natural life and also the right to take timber from any part of my land to make all necessary repairs of the place or buildings thereon & for firewood. All the personal property that she may have at her death that she has devised through this will is to equally divided or sold & the proceeds equally divided as the following named devisees may agree ????. My sons William P. & Daniel Wesley & my daughter Elenor if she be a widow.If she still be the wife of Bridgewater she gets nothing but her children in that case thereby will shall have the share she would otherwise be entitled to. And if either of my sons die their children I hereby will shall have the portion of my personal estate above devised to their fathers.

4th I hereby devise and bequeath to my son William P. the North West quarter of Section Thirty four Town three North of Range Seven East to have and to hold the same for and during his natural life subject to the rights in the same hereinbefore granted to my wife. Then to my said sons widow if he leave one surviving him shall have the control & possession of the same so long as she remains the respectable widow of my son & keeps my sons children together. Subject also to the rights ??? in said land hereinbefore given my wife. Upon my sons widow scattering her family, marrying or dying, her estate in said land thence forth is the cease and give said land in fee simple to the children of my said son William P. The marrying or voluntary going away of any of my sons children is not to be construed as scattering of the family by his widow.

5th My son Daniel Wesley shall take for & during his life fifty acres of the South West quarter of Section Twenty Seven of the same Town & Range to be laid off on the West side of said quarter section fifty Rods? East and west & one hundred and Sixty? Rods? North & South subject to the rights in the same hereinbefore granted to my wife. At my said sons death his widow ??? shall have the same land subject to the same conditions and limitations as the widow of my son William P. And upon the estate of the widow of my son Daniel Wesley being determined upon the happening of any of the events mentioned in the 4th item above which determine the estate of Williams widow in the said 160 acres. I give and bequeath said fifty acres to the children of Daniel Wesley in fee simple. And also I give to Daniel Wesley my son my home farm containing one hundred and ten acres being all of the South East quarter of Section Twenty Eight in the same Township and Range aforesaid except fifty acres on the West side owned by Jacob Killian, to have & to hold the same for his natural life subject to the same limitation that he holds the fifty acres above given to him subject to, then to his widow subject to the same limitations above expressed & thereto the children of my son Daniel Wesley in fee simple.

6th I give and bequeath to my daughter Eleanor the West half of the North East quarter of section Twenty Eight in the Town & Range aforesaid, and seventy acres being all of the South West quarter of section Twenty Seven aforesaid not taken by son Daniel Wesley for & during her natural life subject to the rights in said land hereinbefore given to my wife. And at the death of my said daughter Eleanor I give and bequeath said land in fee simple to her children. And I hereby expressly forbid said Bridgewater from culling or in any manner disposing of any of the timber on the same except for making necessary repairs to buildings on the place and for firewood.

 

7th I hereby forbid my sons or their widows from culling or in any manner disposing of the timber on the land herein given to them except for making the necessary repair and buildings on the place & for firewood.

8th I hereby appoint my son William P. & my wife Eleanor executor and executris of this my last will & testament.

9th In case of the death of my daughter Eleanor her said husband Bridgewater, if he still be living is to quit and deliver up the possession of said land given Eleanor, & thence forth to have nothing to do with it.

 

William P. Smith sen

His X mark

 

Note on the first page the words  the proceeds equally on the 2 page during his life on the 3rd page her natural life were underlined before signing & on the 3rd page the 6th & 7th & 12th & 13th & part of the 11th lines were erased before signing.

 

The above will was signed this 28th day of November 1855 by the said William P. Smith in our presence and was attested and subscribed by each of us in his presence & in each others presences at the request of said William P. Smith.

 

Wm K. Marshall

Nov 28th 1855

 

Saml S. Crowe

John Wiggain

Willis L. Clark

 

State of Indiana

Scott County SS

 

I William K. Marshall one of the subscribing witnesses to the above and foregoing will do swear that the testator William P. Smith sen signed the foregoing will ??? ????? presence to with in the presence of this affiant and in the presence of said Samuel S. Crowe, John Wiggain & Willis L. Clark and declared the said last will and testament, that at the request of said testator are subscribed our names to said will as witnesses to the execution of the same ????? and that said testator was of sound mind and disposing memory and not under restraint.

 

Wm K. Marshall

Subscribed and sworn to before me

Witness my hand and the seal of the Court of Common of Scott County this 29th day of May AD 1857

Willis L. Clark CCCP? Scott County

 

Filed and recorded May 29, 1857

???? Willis L. Clark, Clerk

 

 

 

 

Will of John Stark contributed by Shelia Stark Schmutz

 

Below is the will of a John Stark (1754 PA-1841 IN) as best that I (Sheila Stark Schmutz) can read it from the photocopy I obtained. He is believed to be a son of Johnathon Stark (1712-1764), a descendant of Aaron Stark.  This will refers to his son Benjamin (1783 PA đ 1831 IN) who died before him.

________

 

The last will and testament of John Stark of Scott County Indiana

 

I John Stark being of sound mind and disposing memory do hereby publish this my last will and testament hereby revoking and entirely .............    all former wills by me made or published.

 

1st I commend my soul to God and my body I bequeath to mother Earth to be buried of in such a manner as my friends may deem proper.

 

2nd I give and bequeath to my beloved wife Elizabeth one third of the ......... and pr......... of all my real estate heruntoafter willed to John Henry Leonard and Luther Stark & to ....... during her natural life to be paid annually, also one Bed and the necessary bedding and as much household and kitchen furniture as may be necessary for her comfortable  support, also all her wearing apparel which she may dispose of as she thinks proper.

 

3rd I give and bequeath to my sons John and Henry the East half of the South West of Section two in Township number two (2) South of Range (8) Eight East containing Eighty acres.

 

4th I give and bequeath to my sons Leonard and Luther the south East quarter of the ........ described Section no. (10) ten the South half to be for the use and benefit of Leonard and the north half to be for the use and benefit of Luther.

 

5th I give and bequeath to my sons John and Henry each forty dollars to be paid out of the proceeds of my personal estate.

 

6th I give and bequeath to my sons Benjamin and Thomas (or their legal heirs) twenty dollars each making forty dollars to be paid by my Executor.

 

7th I give and bequeath to my daughter Eddy all my right ..... interest claims on demand to any and all the estate of my daughter Polly deceased which was by willed to the said Eddy at her decease.

 

8th I further direct that my personal property be sold by my Executor and after the payment of the .......... herein before charged out of the proceeds of the same the payment of all my such debts by me owing the balance shall be divided among my heirs except Benjamin and Thomas.

 

And now to carry into effect the provisions above made I do hereby constitute & appoint my son John Stark my sole Executor of this my last will and testament.

 

In testimony I have hereunto set my hand and affixed my seal this third day of .......

 

                                                                                    John Stark (_____ his mark)

September 1841

Signed sealed and delivered

in presence of us

Thomas McCamset

Edward Samar

 

                                                                   The State of Indiana                    State Office

                                                                   Scott County In                           April 11, 1842

 

This day came formally before me in my office Thomas McComset and Edward Samar the subscribing witnesses to the within will and testament of the within named John Stark dec.. and upon their oaths proved the

same according to the law which is admitted to Record  N........ my hand.

 

                                                                   Willis I. Macles

 

 

 

 

Will of John Stark contributed by Shelia Stark Schmutz

 

Below is the will of a John Stark (1785 PA-1864 IN) as best that I (Sheila Stark Schmutz) can read it from the photocopy I obtained. He is believed to be a son of John Stark (1754 PA-1841 IN), a descendant of Aaron Stark

 

Transcribed Will of John Stark from a photocopy of the original will on November, 1864, Scott Co., Indiana

 

 

Be it known, that I John Stark of Scott County Indiana, being of sound mind, good memory, but old and feeble in body do make and publish this my last Will and Testament and I do hereby positively revoke all former Wills by me made.

1st I commend my Soul to Almighty God who gave it and my body to the grave to be interred after I decease in a respectable manner corresponding to my station in life and as my Executor & friends shall direct.

2nd I hereby direct that all my past debts be paid and funeral expenses be paid as soon after my decease as possible.

3rd I hereby give to my beloved wife Elizabeth Stark, all my personal property, rights, credits & choses in action that may remain after the payment of my debts and funeral expenses as mentioned in the second item above and I also bequeath to Elizabeth my Wife all of my old Homestead or farm containing in all one hundred and sixty acres (160) together with all the Houses, buidling and appurtanances thereunto belonging except one half acre in the South east corner of this tract heretofore deeded to the Baptist church.  Described To Wit as follows "Eighty acres of this farm on the East side of West half of the South east:

 

__________ (begin page 2)

North of Range Eight East Excepting one half acre heretofore mentioned and the East half of the South West quater of Section fifteen Town two Range Eight containing Eighty acres making in all one hundred and Sixty acres (160) Which I give to my Wife Elizabeth as heretofore stated to hold, bargain, sell, convey, will or dispose of as She deems proper.  To be hers alone.

4th and further I give and Will to my Daughter Margret Hough One hundred acres of the South side of the NorthWest quarter Section 27 Town three Range Six Situated in Scott County Indiana.

5th and again I give and Will to my Daughter Charlotte Shields Sixty Acres fo the North Side of the N.W. q. of Section 27, Town 3 Range 6 and also give Charlotte my Daughter the South West quarter of the South W q of Section 22, Town 3 Range (6) Six containing forty acres all the above land being situated in Scott County Indiana.

6th and I do hereby appoint my Wife Elizabeth Stark the Executrix of this my last Will and Testament but direct that no letters of Administration be taken out unless it is necessary for carrying out the provisions of this Will. 

 

                                                                        John Stark (______  his mark)

 

Luther Stark (X his mark)

Tilford Johnson

Sam D Burns

Margrs Dickerson

 

[the writing matches Sam D Burns best]

 

__________ (begin page 3)

 

of each other and at the request of said testator who at the time of Signing the same was of sound mind and good memory and declared to us that this was his Last Will & Testament Signed, Sealed, and delivered in presence of us this the 29th day of August, 1864.

 

Aug 29th 1864                                                            Luther Stark (X his mark)

                                                                                    Tilford Johnson

                                                                                    S. D. Burns

                                                                                    Margert Dickerson

 

State of Inddiana

Scott County

 

I Tilford Johnson and of the subscribring Witness to the forgoing last will and testament swear that this testator John Stark signed said Will in my presence and in the presence of Luther Stark S. D. Burns and Margert Dickerson the other subscribing witnesses and declared the ......... and published the same in our presence to be his last will and testament and that at the request of said testator we subscribed our names thereto as witnesses, that said testator was at the time of making and subscribing said Will of sound mind and disposing memory and not under caution or restraint so help me God.

 

                                                                                    Tilford Johnson

 

Subscribed and worn to before me this 18th day of November 1864

 

                                                                                    Jeremiah G. W. Taylor Clerk (?)

 

 

________(begin page 4)

 

Testament of John Stark

Filed & Received

18th

J.G.W. Taylor Clerk

 

 

State of Indiana

Scott County

 

I Jermiah G. W. Taylor Clerk of the court of Common Pleas of said county testify that the written last Will and Testament of John Stark late of said county decreased has been duly admitted to probate that its ....... Excecution was this day proven by Tilford Johnson whose proof together with such will have been duly recorded on paper. .......  the Record of Wills in my office

 

In witness whereof I have hereunto set my hand and affixed the seal of the court of Common Pleas this 18th day of November 1863

Jeremiah G. W. Taylor Clerk ..........(some initials followed)