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 neceåÄsary 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 leåÄs 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 expreåÄsly
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 poåÄseåÄsion 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 poåÄseåÄsion and his mother
shall **** other half in poåÄseåÄsion during her life and have ***** of the
rent of half as long as she lives. but at her death he shall inherit it all.
NevertheleåÄs 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 poåÄsible 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 succeåÄsion 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 witneåÄses 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 witneåÄses 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 witneåÄs
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
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
witneåÄses
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
"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
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.
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
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 Ð 1831 IN) who died before him.
________
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
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)