Last Will and
Filed 12 Mar 1839
In the name of God amen. I Asa Toler of the county of Shelby
and State of Indiana being sick and weakin body, but of sound and disposing
mind and memory and understanding considering the certanty of death and the
uncertainly of the time there of and being desirous to settle my worldy
affairs and there by the better prepaird to leave this world & when it
shall please god to call me hence. Do therefore in manner and forum as
following that in to say first and principally. I commet my soul
into the hands of almity god and my body to the earth to be decently buried at
the discretion of my Executor here in after named and after my debts and
funerl charges are paid I devise and bequeath as follow.
Item. I give and devise all of my land were I now live to my
beloved wife Sarah to have the use of it untill her death or marriage and
after her marriage to have the use of one half of the land with the
improvements her lifetime. The ballance to go to my children and after
her death the hole to be equely divided between my ayers.
Item. I give and devise all of my estate that is coming from
the Estate of William M. Toler, deceased, to be left in the hands of my
Execuetor for the use of my ayers.
Item. I give all of my Estate that should come from the estate
of William R. Marsh, deceased, ayers to go to my ayres also.
Item. I give and bequeath unto my belove wife all of my house
hold and kitchen furniture and one sorrel mare and two cowes and all of the
shepp and hogs and all of the hay and game on the place.
Item. I give and bequeath unto Noah Marsh my Charley horse and
one small plow and the balance of the articles I got with him to ofset aganst
a note he holes against me for them.
Item. On a balance of the loose property to be sold and the
money to go to my beloved wife.
Item and lstly I constitate John R. Marsh to be my Execuetor of
my Estae in Testimony where of I Asa Toler have to this my will consisting of
one sheat of paper set my hand and seal this sevent day of december in the
year of our lord one thousand Eight hundred and thirty eight.
Sined sealed published and delivered by Asa Toler the above
name testator as and for his last will and Testament in the presants of us who
at his request and in his presants have subscribed our names as witnesses
Daniel Marsh seal
State of Indiana
Be it remembered that on the Twelfth day of March in the year of our Lord
Eighteen hundreded and thirty nine, Personally appeared before me Sylvan B.
Morris Clerk of the probate Court of Shelby County John Forsyth,
Daniel Marsh the subscribing, witnesses to the foregoing will (of lawful age) and being by
me duly Sworn depose and say upon these oath that they saw and heard Asa Toler
Sign Seal publish & declare the foregoing instrument of writing as for his
last will and Testament that he was of Sound mind and memory at the time of
its Execution and that they subscribed their names & witness in his
presence and at his request and in the presence of each other.