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Surnames: Smith, Haines/Haynes, Shuck, Gresham, Pennington, LaFollette
Classification: Query
Message Board URL:
http://boards.ancestry.com/mbexec/msg/rw/3h.2ADE/1888
Message Board Post:
Last Will and Testament of Philip Smith
I Philip Smith of the County of Floyd and State of Indiana, do make And
publish this my last will and testament, hereby vacating all former
wills by me at any time heretofore and do.
1st. I will and direct that all my just debts and funeral expenses be paid by my
Executors out of the first money which shall come? to their hands out of my estate.
2nd. I will and bequeath to my beloved wife Rebecca Smith, all my household
Kitchen furniture beds and holdings and one horse and two cows for her
sole and only use.
3rd. I will and direct that my Executors sell all the residue of my personal
property, at public auction on the times usual for the sale of personal property
of decedent estates as early after my decease as practicable.
4th. I will and direct that my Executors sell at public auction or at private
sale and on such time, as in their direction they may deem most advantagest
to my Estate the following described real estate belonging to me situated in the
County of Floyd and state of Indiana to wit: The tract of land described
and recorded? as follows Beginning at Philip Smith's Conner stone in
the dividing line of section twenty seven thence North 160 poles to a stone in
the dividing line of section twenty 22 and 27 thence North 69 poles to a stone in the
margin of Little Indiana Creek? thence west seven poles and seven? links to a conner
stone; thence North 32 poles to a conner stone thence East five (5) poles to a
conner stone; thence South? 62 poles and five links to a connor stone in the said
22' quarter section line joining Thomas? Smith land; thence east 53 poles and
five links to a conner stone joining Matthew Gunn's land; Thence South
523? poles to a conner stone; Thence east to the place of beginning; said tract
lying in Township 3 South of Range Five East estimated to contain one
hundred acres, and being the same tract conveyed? to me by Thomas? S. Gunn
and wife by deed being? dated, March 17" 1846 And also the North West Fourth
of the South East quarter of Section twenty three in Township 3 south of Range
five East containing forty acres and I direct that my Executors sell said real
Estate above described at the earliest practicable period after my decease, and for
the highest and best price or prices they can get and I hereby authorize and
empower my said executors to execute the proper conveyance or conveyances to the
purchaser or puchasers.
5th. I will and desire all the residue of my real Estate being the balance of the
farm on which I now reside and supposed to contain two hundered acres and
situated in said County of Floyd and State of Indian to my beloved wife
Rebecca Smith to have and to hold the same and during the terms of her
natural life; and at her death, I will and desire the same to my children
Mary Ann Butler (wife of David Butler), John Smith, Eleanor Nance
(wife of James H. Nance) Daniel A Smith, Lousia M. Mayers(wife of william
H. Mayers) Margaret Smith and Philip A. Smith to be equally devided
between them share and share alike.
6th. Having heretofore made advacements to my son Daniel A. Smith to the value
of Eleven hundred and twenty-five dollars; and to my daughter Mary Ann
Butler to the value of six hundred and sevnty five dollars and to my
son John Smith to the value of one thousand dollars and to Eleanor Nance to the
value of seven hundred dollars; and to Louisa M. Mayers to the value of Five
hundred and ninty dollars; and to Margaret Smith the value of three
hundred dollars, and to Philip A. Smith to the value of One Thousand
Ninety dollars; and desiring to make all my said children alive named share in
my estate equally and alike after the payment of my debts and the specific bequests
herein made and provided for and for the purpose of accomplishing that end I
will and bequeath to my daughter Mary Ann Butler, the sum of four
hundred fifty dollars and to my son John Smith the sum of One Hundred
and twenty five dollars and to my daughter Louisa M Mayes the sum
of five hundred and thirty five dollars and to my daughter Margaret
Smith the sum of eight hundred and twenty five dollars and to my son Philip
A Smith the sum of thirty five dollars to be be paid to them respectful out of this
first moneys which shall come to the hands of my Executors from the collection
of debts due my Estate or from the sale of the real and personal property herein to a
-fore directed to be sold, after having first paid all my just debts and funeral
expense.
Seventh: I hereby will and bequeath to Lynda Ann Wiliams? former wife
of my deceased son. Samuel S. Smith, deceased the sum of Ten dollars to be paid
by my Executors out of any money which may come to their hands from
my Estate, after the payment of my just debts funeral expenses and the bequeathes?
herein before provided for.
Eight: The advancement of the three hundred dollars made to my daughter
Margaret Smith referred to in my item 6 of this will and in a note? signed?
by William M M Hatch and William R Smith and made payable to me and?
I assigned to her; and as there is more - some doubt about the solvency of the
makers of the note, I will and direct that in the event said sum of three hundred
dollars is not paid to my said daughter within one year after my death
my Executors shall pay to her my said daughter Margaret Smith the sum
of three hundred dollar in money out of the proceeds of my Estate real and
personal, said Margaret assigning to them for the benefit of my
Estate, said note, or any judgment she may have obtained thereon.
Nineth: As? to? the residue of my estate including the proceeds? of sale of real and
personal property herein before directed to be sold, not herein before disbursed? by
this will, except the scholarship named? in? the? next? succeeding? item? of? the will?.
I?
will and bequeath the same to my said children Mary Ann Butler, John
Smith, Eleanor Nance, Daniel A Smith, Louisa M Mayes, Margaret
Smith and Philip A. Smith to equally divided amongst them share
and share alike.
Tenth: I will and bequeath to Philip A. Smith my youngest son the
scholarship which I have and held in the Indiana Ashley? University to him
and his descendants according to the terms of said scholarship.
Eleventh: I hereby appoint my beloved? sons John Smith and Philip
A Smith, Executors of this my last will and testament.
In Witness hereof I have here on to set my
hand, seal this 10" day of April 1871
Philip Smith { SEAL )