Switzerland County Will Book 2
Sep 1847 - Jul 1859
Will Abstracts, by Ruth Hoggatt
Updated: 09 Sep 2003
Alfrey, James, of Craig Twp.
Will: 5 Feb 1850
Executrix & Executor: Nancy Alfrey, wife; Edward Alfrey, son
Wit: Benjamin Goddard, John G. Anderson
Probate: 27 Mar 1850
"I, James Allfrey..."
... I hereby direct and appoint that my said dear wife shall have the guardianship & tuition of my children during their minority, and I earnestly entreat the utmost care & attention respectively in and about the education & morals of my said children; I also direct that $350 be layed out for land for my son Isaac as soon as it can be collected. I also direct that my beloved wife Nancy shall have all my estate both real & personal during her widowhood & to have full control of all my affairs so long as she shall continue sole & unmarried & in case of her marriage or death then I direct that my son Edward sell all my estate both real & personal & divide the proceeds equally amongst my several children and in case my beloved wife should marry I then direct that she share & share alike with my children if she so elect, and the heirs or representatives of any of my children who shall have died between the time of my decease & the time of such division are to be entitled to such share as their respective ancestors would have been entitled to receive if their living. I also give & bequeath to all my children separately $350 so soon as they become of age or marry or as soon as it can be made or raised from my estate by my executors. My son Edward having received $350 & my daughter Elizabeth has received the same amount she being married to Robert Arnold, and my daughter Sarah Ann is of age & is to have her $350 out of the first money that shall come due from the notes I hold on my son Edward. The $350 that I bequeath to each of my several children is to include a bed & bedding making $300 in land or money & $50 in bed & bedding & to effectuate this my intention I hereby vest my executors with full powers & authority to dispose of my real estate in fee simple on or for a term of years or otherwise and as full & ample in manner in every respect as I could myself do if living.
Armstrong, Walter, of Vevay
Will: 8 Aug 1849
Executrix & Executor: Hannah Armstrong, wife; Thomas Armstrong, son
Wit: Charles T. Jones, James Harwood
Probate: 3 Jan 1850
Will Abstract of Walter Armstrong
Will: 28 Nov 1843
Wit: David Cain, Wesley Smith.
Probate: 28 Nov 1850
Son - Colonel George Ash: (for his support & maintenance) have the use, occupation, benefits, and profits of all my estate both real & personal during his natural life. And after the decease of my said son, I will & bequeath the same to the lawful heirs of my said son.
Barrett, Eliza M.
Will: 16 Dec 1848
Executors: Andrew Given, Seth F. Packenham
Wit: John Waggoner, George Ellis, Seth F. Packenham
Probate: 17 May 1849
Fleming Cousins & his heirs: a certain annuity of 500 dollars annually secured to me by Frederic A. Ross and payable on the first day of January in each year during my life. Said Feming Cousins to have all or any portion of said annuity that may be due me at my death.
Fleming Cousins: all the money and property that said Cousins ever received from me, or from any other person belonging to me at my request or by my order.
Fleming Cousins: all debts dues or demands that I have or might have against said Cousins for money received of me or property obtained by any means.
Fleming Cousins: all my right title and interest (in any manner) in the form and appertenances on the same, also all my right title, interest & any property real or personal that I may have at my death.
Fleming Cousins: all monies, rights, rents, rights of actions and Choses and action belonging or in any manner accruing to me at my death.
Will: 4 Aug 1848
Executor: James Innes, Charles Stewart, friends
Wit: David Henry, Anthony K. Brinson, John Morton
Probated: 30 Aug 1848
I direct first that my just debts and funeral expenses be paid as soon after my decease as possible out of the first moneys that shall come into the hands of my executors from the proceeds of sale of my personal estate. I also direct that a fair valuation appraisment be made of all my personal estate by three Judicious neighbors including all household furniture excepting two beds with the necessary bedding, which my wife is to have for her own use, one of them to be left with or at Charles Stewart's. And, the other at John Christie's for the use and benefit of my wife during her life. I direct that my executors cause all my personal property to be sold on or about the first of October next or as soon as possible after my decease on a credit of six months and to affectuate this my intention I hereby invest my executors with full power and authority to dispose of my real estate in fee simple for a term of years or otherwise & as in full and complete manner in every respect as if I could myself do if living. And, in lue of Dower if my wife shall survive me, Charles Stewart & John Christie are to provide for her family the necessaries for life & at her death to have her funeral conducted in a Sutable and becomeing manner, & consideration which the said Stewart & Christie are to be equal shares with the rest of heirs & also to have what property she may leave... all my heirs shall have an equal portion of my estate and whereas Samuel Beckley has a deed for one lot in the town of Urbanna, Illanois which I gave him at the rate of 200 dollars, and I have also made a deed to my daughter Cinthia for 40 acres of land off of the south side of my farm on which I now reside which Deed when made was not intended to convey the title to her only in case that I should never return from Missourie, on my late trip, that I took with Dr Samuel Fallis to that state, containing to my expectation, and which I did not intend to be done. Since I returned from Missourie, the deed has since been recorded. I direct that my Executors have said 40 acres of land appraised together with the rest of my farm and if Cynthia will convey back said land and let my executors sell it with the rest of the farm then she is to come in & take an equal share with the rest of the heirs. If she will not convey back said land without expense or law, she is to only have 5 dollars of my estate. John Christie is to have the medow that joins him and that lays between his farm & the Vevay road, he is to take it at the rates of 200 dollars my executors first clearing it and all incumbrances, Levi Christie is to have the use of the home farm for one year from this fall by paying the usual rents or one third of the crop, and then at expiration of the year my executors shall proceed to dispose of said farm in the manner they may think the most advantageous to the heirs. And after all my debts are paid, as above provided this for this I direct the ballance to be paid to my six children in the following manner.
Samuel Beckley: one sixth part including the lot at 200 dollars as above provided for.
Eliza Christie: one sixth including the 200 dollars as above provided for
John Wesley Beckley: one sixth
Levi Beckley, son of Wesley Beckley: 100 dollars to be paid as follows. As I have given my note Wesley Beckley, father of said Levi Beckley sometime last fall for 80 dollars for the benfit of said Levi Beckely. I order that the said note shall be paid by my executors and also 20 dollars - which together make the 100 dollars for said Levi Beckley
Simpson Beckley: one sixth
Cynthia Neal: one sixth provided she conveys back the land as provided for & if not she is only to have 5 dollars of my estate.
Ann Stewart: one sixth part
Son - Simpson L. Beckley: my Great Coat.
Will: 8 Mar 1843
Wit: Frederick L. Grisard, Robert F. Weaver
Probate: 28 Jul 1851
Comme tous mes Enfants avoir Egalement part a mes proprietes apres ma mort, toutes fois si ma fille aimer Charlotte prefere de Garder les dix acres de tenin[?] sur le quel elle demure mesaran[?] comme sint savon[?] depuis[?] la fence de separation entre Madame Morerod et moi enbas le long du goule[?] vingt (20) poles et de la enhaut la montagne et parallele avec la ditto fence de Madame Morerod 82 poles le qui fait le montant de dix acres. Elle peut garder dit je les dix acres de tene aimsi mesuree pour sa part et portion six now[?] lelle les abandonneras, & alors elle auras dorit[?] avec ses freres & soeurs au partage de toutes mes proprietes apres ma mort oucelle de machere epouse si elle mesuriet[?] fait & passe acounti de Switzerland le 8 Mars 1843. [Will recheck as this was difficult to read].
Boving, Anthony, of Mt. Sterling
Will: 2 May 1851
Executor: Ferdinand Havercamp
Wit: Thomas J. Peak, James N. Northcott, August Kreling
Probate: 7 May 1851
I have obligations due me as follows, from Richard Sopers 63 dollars, from Barney Brocker 38 dollars 39/100, from Barney & Henry Holhaus 44 dollars, the note of B. Brocher is placed in the hand of Barney Neyer as a security & to be applied in payment (as far as is required) of a note given by F. Havercamp to said Neyer/Nuyer for 25 dollars and interest said note be given by Havercamp to satisfy an obligation of mine to Neyer, and for which I stand indebted to Havercamp till paid. Ferdinand Havercamp is indebted to me on settlement six dollars & 55/100, which I leave in his hands to be applied to his payment of any trouble he may be at in my sickness beginning 27th April last. I sent my brother Henry 20 dollars to assist him to America - F. Havercamp is to pay our partnership expenses and take our partnership property paying me the value of the Stone Breaking I have done. The amounts above not otherwise appropriated. I wish collected and applied (after paying for my nursing personal expenses and doctors bill) as follows.
Mother - five dollars.
Sister - Elizabeth: whatever remains except my clothes which is this day put in the hands of Ferdinand Havercamp to secure to him a fair compensation for attention in my sickness - if collections are made & if he is paid from other sources than my clothes to be sold, and the money sent to my brother Henry at the city Goesfeld, West Phalia unless he should call for it here. [Will signed by Anthony Boving, by J.N. Northcott].
Will: 8 Sep 1850
Executors: O. & P. Britt
Wit: Aribert Gazlay, Thomas S. Buck
Probate: 5 Jun 1851
"Patriot, September 8, 1850"
Wife - Fanny Britt: all that I am possesed of both real & personal estate, money & notes to hold her lifetime, and then it is to be divided as follows.
Harvey Britt: 300 dollars and the balance to Lydian Sarrin, Oliver Britt and Peter Britt, equal between the three Lydian Sarran/Serran, Oliver Britt and Peter Britt.
In the final estate settlement (Jul 14, 1856), Zadig Rous is listed as the executor. Her name is listed as Theresa Bruckes.
Will: 3 Sep 1852
Executors: John B. Buchanan, G. Buchanan
Wit: John A. Beal, Jesse V. Short
Probate: 11 Oct 1852
1st. I direct that my body be buried in a respectable manner & all my just debts be paid.
2nd. I devise all my real estate to my son George Buchanan, & I also give & bequeath all the proceeds of the sale of my personal property to said George with the express understanding that my executors as soon after my decease as convenient make sale of said personal property, & apply sufficient amount of the proceeds of said sale to the education of said George at Bethany College Virginia, or some good college in the state of Indiana, so that he receive a good english education & that the ballance of said money be paid over to said George at the time his education at Bethany is completed.
Butler, Isaac H.
Will: 26 Feb 1847
Executor: Isaac N. Butler, son
Wit: Jared Jewitt, Amanda J. McMakin [formerly Amanda J. Paul]
Probate: 6 Mar 1849
I will & order & direct that my funeral charges and just debts be fully paid and satisfied. I will that my personal property after my death be sold for that purpose...
Wife - Angeline: should she out live me have the use of one undivided third part of my real estate during her natural life.
Son - I.N. Butler: all my property both real & personal (after paying my debts as above - said I.N. Butler is ordered within one year after my death to pay to each of daughters Laura?, Eunice? and heirs Rhoda, Martha, Hannah, Melvina and Margaret together with their out set, which is charged to each of them on my book, so as to make in the whole 55 dollars to each of them - after complying with the above conditions.
My son I.N. Butler is to be owner of all my estate & to have & to hold the same...
[William Patton recertifies this will on 22 Aug 1849 as former clerk Edward Patton died].
Clements, John, of Craig Twp.
Will: 18 Oct 1851
Executor: Charles Clements, son
Wit: John G. Anderson, Elizabeth M. Taylor
Probate: 19 Aug 1852
I also direct that the whole of my estate, both real & personal, after paying the above expenses, Shall be & remain the absolute property of my beloved Wife, if she shall be living at the time of my decease, & at the time or so soon after my decease, I direct that my son Joseph take possession of my real estate, under the conditions _blot_ at her death, He Joseph is to be the actual & positive owner of all my real estate, by paying to my heirs as follows after the death of my wife to wit:
Daughter - Catherine Mitchell: 100 dollars
Son - Charles: 100 dollars
Daughter - Elizabeth Armstrong: 100 dollars
Daughter - Margaret Protsman: 100 dollars
Daughter - Julia Goddard: 100 dollars
Grand daughter - Ruth Ann Mitchell: 100 dollars if she should marry or arrive at the age of 21
Grandsons - John Wesley & Arthur Clements: 100 dollars each if they arrive at the age of 21 & if either of my said grand children should not arrive at the age of 21 then their said portions to be equally divided among my children, as to the payment of said money I direct that Joseph shall pay 150 dollars annually after the decease of my beloved wife.
Jemima L. Cotton
Margaret H. Cotton
Cotton, Robert S.
Will: 14 Feb 1851
Executrix: Lavina Cotton, wife
Wit: John A. Beal, Robert N. Lamb
Probate: 2 Jul 1851
First, I direct that all my just debts be paid out of the procceds for sale of the stock of goods now on hand, and the debts outstanding on account of the sale of goods to be done by my executrix as soon as practical -
Second, I direct that my executrix make sale of the house & lot in the Town of Vevay the one I now reside in, to my son John (if he wishes to purchase) at the time he arrives at the age of 21 years for the sum of 2,000 dollars (only one thousand of which is however to be paid) which is to be paid as follows to wit: two hundred dollars is to be paid in one year from the date of his arriving at 21, two hundred dollars in two years from the time he arrives at the age of 21, two hundred dollars in three years - two hundred dollars in four years - and two hundred dollars in five years with six per cent interest from date, payable annually, which one thousand dollars I direct my executrix to loan out at interest at part as paid, and the interest arrising thereon to be appropriated to the support of my family, and the principle to be paid to my son Webster on his arriving to the age of 21 - if however, my son John does not wish to purchase said property as aforesaid, my executrix is to make sale of the same at the best price possible and pay over to my son John one thousand dollars of the proceed thereof, as soon as he arrives to the age of 21, and 1000 dollars to be paid to my son Webster at the time he arrives at the age of 21 years. The remainder of the purchase money if any to be loaned out at interest.
Third, I direct that my executrix, after the death of my mother make sale of the interest I have in the real estate of my dec'd father, that the money arrising from the sale thereof be loaned out on interest with good mortgage or freehold security with the interest payable annually, which interest is to be used in support of my family.
Fourth, I direct that my executrix pay to each my girls at their marriage the sum of five hundred dollars out of my principle not otherwise appropriated provided, they have arrived at the age of 21 years, and provided further if any of said girls should not be married at the age of 21, the 500 hundred dollars hereby bequeathed to her is to be put out at interest untill she marries, she receiving the interest annually until her marriage, when she is to have the principle.
Fifth, I give & bequeath to my beloved wife Lavina Cotton, all the rents, issues, and profits arrising from all my real estate, and also all the stock on the farm, with the household & kitchen furniture. Also, all interests arrising from all the money that may belong to my estate, at my death after paying my debts, so long as she remains my widow for the support of herself and family.
Sixth, I direct that each of my girls at the final distribution of any of my estate receive 500 dollars each more than the boys, so that finally all my children may be provided for alike.
Seventh. I direct that my executrix at my death authorize Rodolph Morerod my partner in business, to proceed with the partnership business without delay until the whole business is closed up. And I hereby fully authorize him to do so, accounting to my executrix for the proceeds thereof at such times as may be convenient, with paying off all the partnership debts.
Dufour, John F.
Will: 3 Jun 1850
Executor: Perret Dufour, son
Wit: Thos. Sim, Robert Drummond, Charles T. Jones
Probate: 13 Jun 1850
Item 1. I, direct the debts that may be owing to me to be collected without unneccessary delay, and that out of the monies so collected my just debts be paid, and that one half of the residue after deducting expenses of collection, be distributed equally among my sons Perret Dufour and Julius Dufour, and that the remaining half be held in trust by my son Perret Dufour, for the use, benefit, and behoof of my sons Oliver Dufour & Franklin Dufour.
Item 2. I leave to my beloved wife Polly Dufour all my household & kitchen furniture of every kind & description, to have & to hold as her own forever.
Item 3. As to the rest of my personal property I direct that the same be by my executor converted into cash, and distributed as I have directed in item first as to the debts that may be owing to me.
Item 4. I hereby devise to Perret Dufour lots in John F. Dufour's addition to the town of Vevay, Switzerland County, Indiana, numbered 254, 255, 256, 257, & 258, to have & to hold the same inst., for the use, benefit, and behoof of my son Franklin Dufour, his heirs, & assigns forever.
Item 5. I hereby devise to Perret Dufour the House and lot owned by me in New Albany, Floyd County Indiana, conveyed to me on the 9th day of June 1849 by Hugh McKay & wife & Oliver Dufour & wife, to have & to hold the same in trust, & the rents, issues, & profits thereof, for the use, benfits, & behoof of my son Oliver Dufour his heirs & assigns forever.
Item 6. I direct that, that part of my farm adjoining the town of Vevay, which lies between Ferry Street, and the road leading from Vevay by John Dumont's farm to Indian Creek & Pendleton Run; and between the line of lots beyond Seminary Street, and a line drawn parallel with Seminary Street commencing on Ferry Street at the point where the Vevay, Mt. Sterling, and Versailles Turnpike is layed out, strikes said Ferry Street, and running to the said road leading from Vevay by John Dumont's farm to Indian Creek & Pendleton Run, be by my executor layed out into town lots & sold, and the proceeds thereof after paying all my expenses, to be distributed, as I have directed in item first as to the debts that may be owing to me.
Item 7. As to the rest of my real estate I devise the same as follows; one half thereof, and in amount equal in value to lots in Vevay numbered 254, 255, 256, 257 & 258 and the house & lot in New Albany, I devise to my sons Perret Dufour, and Julius Dufour as tenants in common, to have & to hold the same to them & their heirs & assigns forever in fee simple; the residue of my real estate after the foregoing devises, I devise to Perret Dufour, to have & to hold the same in inst., and the rents, issues, and profits, thereof for my sons Oliver Dufour, and Franklin Dufour their heirs & assigns forever, to their ownly proper use, benefit & behoof.
Will: 20 Jul 1851
Executor: Alfred Dunning, brother
Wit: Samuel Atkinson, Nicholas Sedam
Probate: 17 Nov 1851
Item 1st. I give & devise to my beloved brother Alfred Dunning & his heirs all my interest in the farm on which Daniel Melick now resides Situate in Switzerland county Indiana, known & described as follows to wit; the west half of the north east quarter of S3 T2 R2 & the east half of the north east quarter of S3 T2 R2 in Switzerland county Indiana containing 154 acres more or less, & also all my interest in the following described tract of land to wit, the south half of the south west quarter of S2 T2 R2 west beginning at the south west corner of the said quarter section, thence north on said section line 80 rods to a stake & stone, thence east 130 rods to a stake, then south 80 rods to a stake, thence west 120 rods to the place of beginning containing 60 acres more or less, lying & being in Switzerland county Indiana, and also all my personal property dues and demands except my interest in the estate of my deceased Father after paying all debts & demands against me by him the said Alfred Dunning paying my beloved sister Harriet Driver $100.
Item 2nd. I devise & bequeath to my beloved sister Harriet Driver & her heirs all my right of dower, interest, claim & demand both real & personal whatsoever in the estate of my deceased father & also the 100 dollars that is to be paid her by the aforesaid Alfred Dunning.
Will: 18 Mar 1851
Executrix: Mary Magdalen Flinchpack, wife
Wit: Jacob Boissan, Elisha Golay
Probate: 7 Jul 1851
Wife - Mary Magdalen Flinchpack: all my personal property & to have the same in her own right without having to account for the same to any person, court or tribunal whatever, and further... the use, posession & benefit of all my real estate to have & to hold the same for & during her natural life only, and after her death all my said real estate to pass & descend to my children, that is to say to my sons John Flinchpack, David Flickpack, & my daughter Elizabeth Flinchpack.
Follow-up on Caleb Flinchpack:
On 5 Sept 2003, John Larry Flinchpaugh emailed the following information:
Shown as Flinchpack and Flickpack. Should be Flinchpaugh.
The spelling was wrong on the original papers.
My gg grandfather was Johann Gotlieb Flinspach in Germany and after coming to America he
changed it to Caleb Flinchpaugh. His tombstone is in the abandoned cemetery at the top of a
hill North of Vevay.
His two brothers were Christopher and Heinrick Flinspach in Cincinnati, Ohio. I haven't had
much luck finding information about Caleb Flinchpaugh in Vevay.
Will: 19 Dec 1854
Wit: William Houze, Wade H. Jack
Probate: 30 Apr 1855
Half-sister: Martha Houze, only heir.
Will: 26 Sep 1848
Executor: John, Henry & Charles Gullion
Wit: John McCullogh, Robert Burns
Probate: 6 Aug 1853
Daughters: Catherine Miller, Sally McQuiston, Polly Miller, Rachel Fulton, Heirs of Rachel Gullion
Sons: John, Henry & Charles Gullion
Will: 7 Sep 1836
Executrix: Elizabeth Gurley, wife.
Wit: Collen McNutt, Jnr; Joseph C. Eggleston.
Probate: 6 Sep 1847
Wife - Elizabeth Gurley: All my real & personal estate wheresoever situated for and during her natural life, saving however the interest and a portion of my lands conveyed to Jason G. Gurley for the use of my daughter Eliza P. Monroe by deed bearing date the 6th day of September 1836 & of record in the recorder's office in Switzerland County.
Son - Jason G. Gurley: my tract of land lying and being in Switzerland County with the improving cuts thereon after my wife's death to have and to hold the same unto him... as is reserved in the deed above mentioned
I devise my personal property & the residue of my estate as follows towit:
in regard to my personal estate that the same be absolutely vested in my said wife.. to be disposed of by her as she may see fit.
Hadlock, James M.
Will: 15 Jul 1854
Executrix: Sarah Hadlock, wife
Wit: J.R. Morerod, Jeremiah D. Bowen
Probate: 1 Oct 1855
Wife: Sarah Hadlock, only heir.
Will: 27 Jul 1852
Executrix: Elizabeth Hall, wife
Wit: Lewis W. Beal, E.G. Carmington
Probate: 19 Aug 1852
I do by these presents give & bequeath to my beloved wife Elizabeth Hall, all my property Both real & personal of whatsoever considering, and whatsoever being after my debts are paid of which there are but few.
Joseph M. Henry, Sr.
Will: 25 Mar 1844
Executor: Hannah Howard, wife
Wit: Aribert Gazley, Harvy Driver?
Probate: 2 Feb 1849
Aribut Gatzley -produced the will.
Wife - Hannah: my farm situated on the south part of fractional Section 24 of Town 2 of Range 1 it being where I now reside to have & to hold, use & occupy as her own during her natural life. After her death, I give & bequeath said farm to my children as follows.
Youngest daughter - Almira F. Howard: one third
Mary Ann Fields, Charles Howard, John Howard & the children of William Howard, deceased & Catherin & Melvina: other two-thirds to be equally divided; Catherin & Melvina having but one share between them.
Daughter - Almira: one bedstead bed & bedding
Wife - Hannah: all the balance of my household kitchen furniture with all my farming utensils & live stock... my side saddle buggy & harness... the residue of my estate consisting of notes, judgements and money after the payment of my funeral expenses & just debts.
Daughter - Almira: to be paid to her when she arrives at the age of eighteen, one hundred dollars... the balance be more or less.
Wife - Hannah: to enable her to school & bring up the said Almira & also for her own use & her discretion.
[Note: As Edward Patton, Clerk died after this will was initally probated, William Patton, Clerk certified the will again on 10 May 1849. Daughter Almira's name may be Almina].
Hunter Sr., James
Will: 20 Dec 1842
Executor: James Hunter, Jr. produced the will 14 Aug 1843.
Wit: John Cunningham
Probate: 14 Aug 1843, Further Proof: 20 Nov 1848, 16 Aug 1849.
Attorney: John Dumont
Wife - 1/3 of all my real estate that I now have full possession of
Wife - 1/3 of all my personal property
Oldest Daughter - Sarah: 5 dollars & no more
Sons - James & George Hunter: a certain lot of land on the west fork of Mill creek of said lot but one undivided third as bequeathed to my wife provided they shall pay each of my seven youngest daughters fifty dollars. My son George, George's share of said lot to be under the entire control of my son James for George's use as James may see that he needs
Son - James: two undivided thirds of all my personal property.
Further more: that all my property stand undivided until the death of my wife unless further agreed upon by all the heirs.
Son - George: the North half of the west half of the south west quarter of Section 25 in Township 4 of Range 3 West lying Cotton township... containing 79 acres, and 56 handsbreadths of an acre. Said share to be under the control of my son James the same as the other share above mentioned.
[Note: This will was probated in 1843, recorded by Edward Patton, Clerk. However, E. Patton died & George C. Patton, Deputy took the sworn statement of James Hunter, Jr. that the will was valid and the will was again proven in Probate Court by William Patton, Clerk in 1848 & 16 Aug 1849].
Will: 25 Oct 1851
Executors: John Scott & America Scott, his wife of Boone county, Kentucky
Wit: J.G. Gurley.
Probate: 8 Apr 1853
Item one. I give & devise to my beloved heirs Polly Brady, William Jack, Jane Hampton, America Scott, Preston H. Jack, Samuel Jack's heirs, Frances Ryals heirs, a center tract of land lying & being in Switzerland county in the State of Indiana situate & being a part of the north east quarter of S11 T2 R1 containing 6 acres.
Item 2. I also give & bequeath to the above named heirs all money & notes that I may be in posession of at my death.
Item 3rd. I also give & bequeath to the above named heirs all the personal property that I may be in possession of at my death. Further that the heirs of John F. Jack is to have one dollar. That said real & personal estate, money notes &c shall be equally divided among said heirs except the heirs of John F. Jack which shall not be but one dollar.
Will: 12 Jan 1850
Executor: Edward Roberts, friend
Wit: Stilwell Graham, Larkin Roberts
Probate: 17 Sep 1852
Wife - Elizabeth: keep my real estate during her natural life time & at her death to be conveyed to my grandson Gabriel Johnson, s/o Richard & Francis Johnson of Decatur county Indiana. I also direct that my personal property my wife is to have one milch cow two bed steads, two beds & bedding, one set of chairs all of her own choice, the desk, safe, stove & utensils, cupboard & cupboard ware, clock & looking glass, & kitchen furniture. I futher direct that my wife have 100 dollars...
Daughter - Sarah Lepper: $50.00 over & above her equal share with the rest of my children.
I also direct that all my personal property which may be left be disposed of in proper manner and divided equally amongst all my children except Esther Twineham & Elen Orem which I only intend shall have one dollar each.
Will: 23 Mar 1844
Wit: David Cain, Samuel Bray
Probate: 7 Dec 1849
I will and direct that soon after my decease as is Convenient my real estates or farm on which I now live be appraised by two disinterested men who shall be selected for that purpose, & that my son Mashack Lanham, & my Grand-Son Morris McKay have the said farm to their ownly proper use, benefit & behoof forever upon the following conditions to wit: that they the said Mashack Lanham & Morris McKay pay to my executor the full amount of the appraised value of my said farm to be ascertained as aforesaid in five equal annual instalments. The first payment to be due in one year from & after said appraisement & the last payment to be due in five years from said appraisement. And thirdly, I will & direct that my personal property be sold & converted into cash & the money arising therefrom together with the proceeds of the Real Estate be divided among my children & grandchildren in the following manner to wit - to my sons Shadrach H. Lanham, Thomas Lanham, John Lanham, Mashack Lanham, & to my duaghters Milley McKay, Cloe Sadler, & to Nancy McCarty share & share a like with my sons & grandson Morris McKay aforesaid - And to the children of my deceased daughter Sarah McKay the share of their dec'd mother - & to the children of Mary McKay dec'd (my daughter) the share of their dec'd mother (the shares of my dec'd daughters are to be equal to the shares of my sons & daughters who are living). I specially direct that the share hereby bequeathed to the children of my dec'd daughter Mary McKay be divided among them in the following manner, that the grandson of the said Mary McKay dec'd whose mother was Bridget Phillips have one dollar of the share hereby bequeathed to the children of the said Mary McKay dec'd. I also direct that my executor retain out of the share of my daughter Cloe Sadler the sum of twelve dollars in Lieu of a Debt I have paid for her, & to distribute it equally among my said heirs agreeable to the directions before mentioned. I further direct that my executors be vested with power to make distribution among the heirs as a sufficientcy of money may come into their hands if so required by the heirs.
Lee, Sr., David
Will: 14 Jan 1837
Executrix: Ann Lee, wife
Executor: David Lee, youngest son
Wit: James H. Dufour, Joseph Peelman
Probate: 9 Mar 1848
Wife - Anna Lee: so much of my estate as may be neccessary for her comfort and maintenance during her natural life, that is one room in my house exclusively if she desires it, and every thing necessary to make her comfortable as the nature of her situation will admit,
and I do most solemnly injoin it on my executor to see that the bequest is not religiously observed in every possible point
Oldest son - Josiah Lee: 30 dollars to be paid in 6 years from & after my decease.
Daughter - Catharine Riley, wife of John Riley: 70 dollars to be paid in 6 years...
Daughter - Sarah Clark, wife of George Clark: 70 dollars to be paid in 6 years...
Daughter - Polly Chambers, wife of Minor Chambers: 70 dollars to be paid in 6 years...
Daughter - Rebecca Dearborn, wife of Ruben Dearborn late of said county of Switzerland, deceased: 70 dollars to be paid in 6 years...
Daughter - Masy Picket, wife of Benjamin Picket: 70 dollars to be paid in 6 years...
Son - William Longbury Lee: 10 dollars to be paid in 6 years...
Youngest daughter - Ann Lee: 70 dollars to be paid in 6 years...
Son - David Lee: all the rest & residue of my estate both real & personal after the legacies aforesaid are paid in whatsoever consisting, wheresoever lying & wheresoever found.
It is not my intention that my property should be sold but that my youngest son David Lee aforesaid should pay all the legacies aforesaid when due & retain the property if however he neglects or refuses to pay the legacies aforesaid at the time aforesaid, or neglects or refuses to mention Ann Lee his mother in the manner & form aforesaid, then & in that case the property must be sold to pay for several legacies & several amounts aforesaid.
McMillen, Sr., Jesse
Will: 29 Dec 1846
Executrix: Abigail McMillen
Wit: Samuel R. Walker, William Fisher
Probate: 25 Feb 1850
Will produced at Probate by Samuel Edwards
I give and devise to my beloved wife Abigail in lieu of her dower the farm on which I now reside situate in the above named county & state containing about 160 acres during her natural life, & all the stock, house-hold goods furniture provisions and other goods and chattels which may be thereon at the time of my decease, during her natural life as aforesaid; together with all my notes and book accounts however selling so much thereof as may be sufficient to pay my just debts, with the following exceptions; I devise & bequeath to Calvinistic Missions the sum of fifty dollars or the avails of fifty dollars, exception second. I desire and bequeath to my beloved daughter Eleanor a good and sufficient support at all times and under all circumstances.
Montanye, Lemuel [also spelled Montaguea]
Will: 24 Oct 1848
Executor: John Jacobs & Andrew Montanye, friends
Wit: William Johnson, Abriham F. Vanhorn
Probate: 13 Feb 1849
William Johnson produced the will at probate.
I direct that my executor sell at public auction so much of my personal property as may be necessary to pay my just debts... that all my personal estate not necessary to be sold to pay said debts shall be & remain the property of my beloved wife if she shall be living at the time of my decease, but if she shall not survive me, then that the same shall be managed by my executors for the best interest of my children.
I also direct that all my real estate be & remain the property of my beloved wife as long as she shall remain a widow, but if at any time she should marry then & in that case my executors shall take under their care all my real estate & manage it for the best interest of my children except the dower which my said wife may be entitled to.
I also direct that my said wife shall in consideration in foregoing educate & raise my children, Lemuel H., Virginia and Mary Jane in a way and manner suitable to my circumstances in life. And I direct further that my son Lemuel, he have a good education at least as much as the annual profits of said property may allow his mother being the judge thereof.
I also direct should my said wife marry after, all my property except what shall legally belong to her be taken under the care of my executors, and the annual profits thereof be applied to the education or comfort of my said children & any way which it may be necessary. And I also direct that my said property be divided in equal shares among my three children in the following manner, towit.
Lemuel H.: to receive his third when he becomes 21 years of age
Virginia: the day she is 19 years of age
Mary Jane: to receive hers the day she is 18 years of age
but should either die, then I direct that my property be equally divided between the surviving two and should two die, then I direct that the survivor receive all.
And, I also direct should my said wife remain my widow or unmarried during her natural life that all of the property, real & personal at her death or so soon afterward as my children shall have arrived at the following ages be divided equally among them towit
when Lemuel H. is 21, Virginia is 19, and Mary Jane 18. This do I divise that each should be entitled to their respective third on the very day that they or each of them attain the above ages, but should either die the two survivors shall receive half & half alike. And should two die, the survivor shall have all. And I further direct & wish it distinctly understood that neither my wife nor my executor have any authority confered upon them by this my last will, to sell all or any part of my real estate at any time or any circumstances.
Will: 26 Aug 1852
Executor: Charles Moore, son
Wit: Robt. Moore, Reese P. Kendall
Probate: 15 Feb 1853
1st. I will my soul to God, & pray him to have mercy on it.
2nd. It is my will that my just debts be paid off & fully satisfied.
3rd. It is my will that all my notes, bonds, mortgages & all obligations for money & all money that I have on hand at the time of my death, shall at once go into the hands of my executor & kept entirely separate from the rest of my estate, & by him paid out to my children in equal proportions deducting from each child, such amount as I have already paid to them, & charged to their respectively in my Legacy Book.
It is my will, & I hereby direct that my executor to sell all my real & personal estate, according to law, & convert the same into cash, & out of the proceeds to first pay my debts, & the cost of administration, & secondly to decide the balance equally between my wife Mary Moore & my six children, provided my said wife receive the one seventh part as her own (in lieu of her dower) in my estate.
5th. I give & bequeath to my son Charles my gold watch.
Norissey, William * Not listed in the Will Book.
Probate Records: July 14, 1856, pg. 457.
Estate of William Norissey Deceased} Partial Settlement
Hiram Wason & Charles Norissey Adm'rs}
Comes Hiram Wason one of said Administrators and presents to the Court for approval the Report of said Administrators, together with thirty eight Vouchers in partial settlement of said Estate, which Report and Vouchers read in the words and figures following. Viz (here insert) From which report it appears, that said Administrators have paid out since their last report herein, the sum of Eleven hundred and forty-eight Dollars ($1148.00) with which sum they are now here credited. Which said Report and Voucher being seen and inspected by the Court the Same are approved; and this matter is continued.
O'Neal Jr., William
Will: 18 May 1850
Wit: Samuel Sanders, Jr., James W. Wood
Will proved in Carroll Co., KY: Monday, 3 Jun 1850
Recorded & Certificate made: Carroll County, KY - 24 Jul 1850, in the 59th year of the Commonwealth by Richard P. Butler, Clerk, C.C.C.C., by Henry Crittenden, D.C.
Will & Carroll Co., KY Certificate presented in Switzerland County, IN: 16 Sep 1850
Be it remembered that on the 16th of September 1850 Louisa O'Neal widow of William O'Neal dec'd, and devisee & legatee in the last will and testament of said decedent produced to Probate Court of Switzerland County, State of Indiana, an instrument in writing proporting to be a copy of the last will & testament of William O'Neal dec'd, and the probate thereof duly certified by the clerk of the county court of Carroll County Kentucky under the seal of said court, and said certificate certified to be authenic by Wesley Dean presiding justice of said court; and on motion of said Louisa O'Neal the court being satisfied that said instrument ought to be allowed as the last will & testament of said decedent, do now order the same to be filed and recorded by the clerk of this court which is now done accordingly, and the same reads the words & figures following towit: "Pleas before Michael Geltner, Syman Malin, James Brown, & Alexander Lathrop justices of the county court of Carroll County at the courthouse in the town of Carrollton on Monday the 3d day of June in the year of our Lord 1850. Be it rememered that on the day & year afsd. & an instrument in writing & proporting to be the last will & testament of William O'Neal, Jr. was presented in court & proved by the oaths of Samuel Sanders, Jr. & James W. Wood the subscribing witnesses thereto whereupon the same is received & established as, & for the last will & testament of said William O'Neal, Jr. & ordered to be recorded in which said will is as follows towit. In the name of God Amen, I William O'Neal Jr. late of Switzerland County state of Indiana... I give to my wife, Louisa in fee simple all my real estate of which I may have any claims to now either in law or equity coming by her, also give unto my wife Louisa all money now on hand, or which may be due me, after my just debts being paid. I furthermore give my wife the one half of all my interests I hold in the steam Boat Madison Belle including the amount of sale of said Boat when sold by order of the directions thereof. I also give & bequeath unto my son Frederick Bennett O'Neal the other half of my interest in the said Boat Madison Belle until sold & further do I give him my son, all the proceeds of the other half of my interest of said Boat when sold as stated above.
Olmstead, Thadeus T.
Will: 4 Dec 1852
Executrix & Executor: Wife, Lucinda Olmstead, Russel C. Olmstead & George A. Hotchkiss
Wit: Isaac Baker, George Link, G.A. Hotchkiss, R.C. Olmstead
Probate: 21 Mar 1853
First I direct that my body be decently interred at Mt. Zion that I be burried in shirt, pants, vest & neck hankerchief & socks and no shroud & in good decent coffin worth 10 or 12 dollars & that a grave stone of white marble worth $20 be placed at my grave.
And as to such worldly estate as it has pleased God to entrust me with I dispose of the same in the following manner to wit.
First. That all my just debts & funeral expenses be paid as soon after my decease as possible out of the first money that shall come to the hands of my executors from any portion of my estate.
2d. I give & devise to my beloved wife the use & benefit of the farm on which we now reside Situate in Switzerland county State of Indiana, containing near 57 acres so long as she may live & remain my widow & that she make use of money out of my estate to clear improve said farm to the best advantage for the support of my family.
3rd. I also give my beloved wife for the support of her & my children the use of all the personal property on said farm consisting of house hold goods & chattels farming utensils & life stock such as cattle horses & hogs which she is to use & expose of for the support of herself & my family so long as she remains my widow.
4th. I also bequeath to her for the same purpose as the above all the profits of a stock of good now in store & worth twelve of fourteen hundred dollars which store I direct to be kept up as long as it may be profitable to the family.
5th. There is near $300 coming from Charles Ryon who lives in the state of Ohio I wish collected & placed on interest for the use of my wife & children.
6th. There is 5 or 6 hundred dollars in cash notes on persons in the state of Ohio which I wish collected & put on interest, or may be placed in the store if thought best by my executors in either case the interest or profits arising therefrom to go to the support of my wife & children.
7th. Should it appear evident to my executors that the store cannot be made profitable I direct that the goods be sold to the best advantage & the money arising from said sale be placed on interest for the support of my wife & children & in order that said executors so determine I advise that they at least once in three months examin the books & stock in said store.
8th. I direct that an account be kept of all that is taken out of said store for the use of the family that it may be better asertained what the profits of said store will be.
9th. And should my wife marry I direct that the executor provide according to law to settle my estate & that my wife be allowed the same portion of both personal & real estate that the laws of our state allows a widow where no will is made.
10th. I give my father my over coat & boots.
11th. I give my mother a pair of shoes & 5 dollars out of store.
12th. I give Russell C. Olmstead my gun, sword & pistol (and my masonic regalia) provided he forms the free masons if not I wish them sold for the benefit of my family.
I give Mary Olmstead a dress pattern out of store.
14th. I give Jane Bell a dress pattern out of store.
15th. I give Susan Reyan [or Ryan] same.
16th. I give Rebeca Bell $10 out of store.
17th. I give Elizabeth Bates $5 out of store.
18th. I give William F. Olmstead a new hat out of store.
19th. I give Malinda a pair of gloves out of store.
20th. I appoint Russel C. Olmstead guardian of Russel T. Olmstead & Charles W. Olmstead my sons.
21st. I appoint Lucinda my wife guardian of the four remaining children & the one unborn.
22nd. I direct that the guardians give each of my children a good Common English Education out of my Estate, And that Charles W. Olmstead my son be sent to some college at least 3 sessions so soon as he arrives at a proper age & an account be kept of the expenses of the same & being taken out of the share of estate.
23rd. Should my wife marry or die I direct that in the former case an equal dividend be made after my wife receives her portion of my estate between each of my children & the same placed on interest for their support until they are of age & in the former that the whole of said estate used & divided in the same manner.
Will: 15 Apr 1849
Executor: William Hall
Wit: Edward Houston, Charles T. Jones
Probate: 26 Apr 1849
First, I do will that my funeral expenses and all my just debts be paid & satisfied out of my estate as soon after my decease as my executor can collect the necessary funds to discharge them .
Secondly, after the payment of my funeral expenses, my debts & the expenses of administrations, I do will that my executor cause to be erected suitable Tomb Stones over the graves of my deceased wife and children and over the grave of myself.
Thirdly, the remainder of my estate both real & personal after the first & second items of this will & executed & carried out, I do hereby will & devise & bequeath as follows:
First, to my sister in law Ann Patton, relict of my deceased brother Montgomery Patton, all the goods & chattels belonging to me & situate & being in the house now occupied by her & family. The same consisting of household & kitchen furniture, beds & bedding, one clock, one centre table, two large Cooking glasses and one bureau.
Secondly, I will & bequeath unto my beloved nephew Montgomery Patton 200 dollars.
Thirdly, I do will & bequeath unto my beloved nephew William Patton, son of Montgomey Patton deceased, my silver cover watch & chain:
The remainder of my estate both real & personal, I do will, devise & bequeath unto my son George Craig Patton.
[Pro Tem Clerk William Patton's signature - 28 April 1849].
Jesse M. Phelps
Andrew J. Porter
Calvin W. Ruter
Melchoir Sauvain / Sauvein
Will: 16 Apr 1850
Wit: John J. Jack, Hiram Mead
Probate: 11 Jul 1850
Item First. I give & devise to David M. Schofield all my real & personal estate provided the said David M. Scofield pays my sister Phebe Mead $300. The real estate being & lying in the county of Orange & state of New York known as a part of the estate of Jesse Scofields dec'd, supposed to be nineteen acres of land.
Item Second. I devise & bequeath to my sister Phebe Mead above named the sum of $300 dollars out of my estate exclusive of any debts.
Julia Scofield departed this life in the month of June, 1850.
Taylor, James, late of Campbell Co., Ky
Executor: James Taylor
Wit: Samuel Winston, Wm. B. Ross, N. Thornton, R.T. Thornton, on 18 Oct 1852
Probate: 5 Apr 1853
This will is 17 pages long. Part of Abstract
Son - James Taylor.
Daughters - Returah, Ann & Jane.
Wife - still living at time will was written.
Vanantwerp, William *Not in Will Record Book
Court of Common Pleas, July Term, 1855:
Estate of William Vanantwerp, Dec'd}
John Vanantwerp adm'r}
On motion, this ordered by the court that a citation issue against adminstratior returnable next term, he having failed to make a report herein for over two years. Robert Drummand, Judge C.C.P.
Will: 7 Nov 1840
Executor: Christopher Waltz, son.
Wit: John F. Doan; Aron Sturgeon.
Probate: 9 Nov 1847
Wife - Catharine Waltz: the entire possession, rents, use and benefits arising from or in any wise appertaining to all my real estate benefits... as long as she remains my widow... also so much of my personal property as she may deem necessary to enable her to keep house and comfortably to be held by her in like manner as the real estate... also I adjoin it upon my said wife to keep with her & mention out of the rents & profits of my real estate my youngest Lafiat Waltz, who is my providence incapacitated from doing acting & dealing for himself.
Son - Lafiat Waltz: after the decease of my said wife or her marriage... then I give & set apart of my said son Lafiat Waltz a certain tract or parcel of land which I purchased of one Thomas Gilliland said to be 80 acres more or less, the rents, profits and income of which is to be applied to his support as long as he lives... I hereby appoint... my trustworthy son, Christopher Waltz, as guardian for said Lafiat and commissioner or agent, to rent said land & appropriate the rents and income as above directed. It is my particular desire that my said son Lafiat be kept by & live in the family of some of my sons or daughters, after my said wife Catharine shall have selected such articles of my personal property as above stated... the residue to be sold by my executor
Sons - John, George, Henry Christopher & Joseph Waltz: after debts are paid, that is and equal share of money is to be given, share & share alike to my sons and
Daughters - Catharine Waltz, formerly Catharine Waltz; Fanny Bayse, formerly Fanny Waltz; Sarah Bayse, formerly Sarah Waltz; and Betsey Redd, formerly Betsey Waltz
after the decease of my said wife Catharine, then all of my real estate, except the said tract hereinbefore set apart for the maintenance of my before mentioned son Lafiat Waltz together with whatsoever of my personal property may remain in his possession shall be sold by my executor as aforesaid & the money be appropriated & paid as follows
Daughter - Christiana Rickets, formerly Christiana Waltz: the sum of one dollar
Grandson - Joseph, son of my daughter Leann Waltz who had been married to one Jacob Boisant & is now dead: the sum of 100 dollars.
And, the residue... shall be equally divided, share & share alike amongst my before mentioned sons John, George, Henry, Christopher & Joseph & my daughters Betsey, Catharine, Fanny & Sarah. And, after the decease of my said son Lafiat Waltz, the said land which I set apart for his maintenance shall be sold & the proceeds equally divided amongst my said five sons & four daughters. If my said grandson Joseph should die before he becomes of age, then the said 100 dollars which I have herein willed to him shall be equally divided amongst my said 5 sons & 4 daughters.
Whitmore, William * Not in Will book.
Court of Common Pleas Book:
In the Matter of the Estate of William Whitmore, d'cd} Appointment
Emsley Shadday Administrator}
Be it remembered that on this sixteenth day of August A.D. 1853: Personally appeared in the Clerks office of the Court of Common Pleas of Switzerland County State of Indiana, Emsley Shadday, and prayed to be appointed Administrator of the Estate of said decedent. The Widow & only heir of said decedent having renounced their right to administer on Said Estate. Thereupon the said Emsley Shadday filed his affidavit Showing that the personal property of said decedent is of about the value of Eight Hundred Dollars, also showing the time of the death of said decedent. And the said Emsley Shadday was then And there Appointed Administrator of the Estate of said decedent who then filed his bond in the Penal Sum of Sixteen hundred Dollars with John Shadday and William A. Neal (his Securiters) which Bond is Condition according to law took the oath required by law of Administrators, and received letters of administration Sealed with the Seal of the Court and Attested by the clerk, Which bond letters and oath are recorded in the record of Administrators Bonds letters &c
Thomas R. Wiley
Will: 13 Nov 1850
Executors: Ralph N. Wycoff & William Wycoff, sons
Wit: George A. Hotchkiss, Stilwell Graham
Probate: 4 Nov 1851
I also direct that all the moneys or effects that I shall die seized or possessed of (after paying as above named) shall go to my wife - Susan for her support while she may live & if there should be any moneys left after her death to be equally divided between my children as below named.
The children of my son John Wycoff deceased one share - Ralph N. Wycoff, William Wycoff, Nicholas Wycoff, Abram Wycoff, Daniel Wycoff, Elizabeth List, Sarah Carmine, Susannah Cozine, or their legal representatives.