State of Indiana Warren County} SS Be it remembered that on this 6th day of November AD
1850 the Will of Daniel McINTOSH late of said County Deceased was duly proven before the
undersigned William R BOYER Clerk of the Probate Court of said county by the affidavit of
Luther TILLOTSON Sr one of the subscribing witnesses thereto and being recorded together
with the proofs and examinations of said witness it reads in the words + figures following
towit
In the name of God Amen-I Daniel McINTOSH of the County of Warren in the State of Indiana
being of an advanced age and infirm in body but of Sound mind and memory do make publish
and declare this to be my last Will and Testament as follows towit first I give and
bequeath to my beloved wife Jane all the household goods and furniture of every
description which I may possess at the time of my decease and also all the next cattle
which I may run(?) at that time and further I will and bequeath to her my said beloved
wife Jane the sole use occupancy benefits and profits of the farm whereon I now live
during her natural life should she survive me towit the West Half of the South West
quarter of Section No twenty five in Township No twenty one North of Range No Nine West in
said County also to Lots No 15 and 16 in the South West Division of the Town of Lebanon in
said County-Secondly I give and bequeath to my two Sons John and Lewis all the residue of
my personal property-And I give!
and
devise to my said Sons John and Lewis the above described lot or tract of Land whereon I
now live containing eighty acres of land To have and to hold after the decease of my said
Wife Jane should she survive me to them and to their heirs and assigns forever-Third I
give and devise to my said Son John all the residue of my Real Estate of which I may die
seized To have and to hold to him his heirs and assigns forever upon condition that he pay
or cause to be paid within five years after my decease to my children hereafter named the
following legacies, Towit, To my son James Harvey the sum of ten Dollars-To my Son Daniel
the sum of one hundred Dollars-To my daughter Priscilla the sum of ten Dollars-To my
daughter Rachel the sum of ten dollars and lastly I appoint my said son John McINTOSH my
executor of this my last Will and Testament Daniel McINTOSH his mark X seal
Signed sealed published and declared by the testator in our presence to be his last Will
and Testament who have hereunto subscribed our names as witnesses in the presence of the
Testator Luther TILLOTSON James H McINTOSH
(and the said proof reads as follows towit)
State of Indiana Warren County}ss Be it remembered that on this 6th day of November AD
1850 the Will of Daniel McINTOSH late of said County Deceased was produced to the
undersigned Clerk of the Probate Court of Said County and offered for Probate, and
thereupon came Luther TILLOTSON Sr, one of the subscribing Witnesses to said Will, and the
said Clerk proceeded to take the proofs and examinations of said Will, and in answer to
his inquiries touching the execution, subscribing and attesting of said Will, the said
Luther TILLOTSON Sr being of lawful age and sane mind, and by said Clerk first duly Sworn,
upon his oath, deposes and says, that in the Spring of 1848 or the date 1847, he was sent
for, and went to the house of said deceased, and then and there wrote the Will and read it
over to him after writing it, that the deceased approved of it, that Deponent by direction
of Deceased , then wrote the signatures and Seal to the Will for said Deceased, that said
Deceased then made!
his mark
to the said signature and seal, and then published and declared the said Will as his last
Will and Testament in presence of said Deponent and of James H McINTOSH the other Witness,
that Deponent and said James then signed their names as Witnesses to said Will, in
presence of the Testator, and of each other, that said Deponent never witnessed or wrote
any other will for Testator and knows of no other, that the Testator was of sound mind and
memory and under no coercion or restraint, was about eighty years of age at that time,
that the Testator according to Deponent�s information and belief died yesterday a week ago
and further deponent says not Luther TILLOTSON
Sworn and subscribed before me in my office this 6th day of November AD 1850 all of which
I now hereby certify and in witness thereof have hereto set my name and L,S,P,C,M.C
(letters are circled) affixed the seal of said Court at Williamsport this 6th day of
November AD 1850 Wm R BOYER Clerk Recorded November 6th 1850 Wm R BOYER Clerk
(SOURCE>Warren County, Indiana Recorder of Wills, pages 178-181)
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Hope this helps someone. Pamela Villafuerte
Pamela Villafuerte