Shelby County, Indiana
I, Chancy Butler of the County of Shelby and State of Indiana, being old and feeble in body, but of sound mind and memory in view of the uncertainty of life, do make and publish this to be my last will and testament.
Last Will and Testament of
First: I resign my body to the care of my friends and my spirit to Jesus Christ my Lord.
Second: I direct that all my just debts and funeral expenses be paid out of my estate and that the monies expended by my children and friends in enclosing the graves of my father and mother and such of my children as have been buried at Geneva be refunded to them.
Third: I bequeath to my beloved wife Mary Butler one cow, three sheep, and fifty dollars, of household property, also one note of about one hundred dollars which I hold against Joel Butler, and also one hundred and fifty dollars of the proceeds of my estate.
Fourth: I bequeath to my children viz: Mabel, Eunice, Ovid, Polly, Sally, Chancy, Mary, June, Damia, and William, equally all the residue of my estate excepting that which is due from Ira, which I bequeath to him.
Fifth: I hereby constitute and appoint my son Ovid Butler sole executor of this my last will and testament with full power to deed the land to my son William M. Butler, (which I have bargained and put the same in writing) when the said Wm. shall have complied with said writing and shall give to his mother a life lease of the south part of the home and shall secure to her a portion of the fruit for her own use. Also my son Ovid is hereby empowered to deed and confer to any other man in case of any failure on the premises after giving to Wm. A reasonable time.
In testimony whereof I have hereunto set my hand and seal this day of May in the year of our Lord 1837.
Ashbel Stone, Rensellaer Knowlton,
Chancy Butler (seal)
State of Indiana, Marion County,
Be it known that on the 23th day of March A.D., 1840, Rensellaer Knowlton came personally before the Clerk of the Probate Court of the county of Marion aforesaid, and being by said Clerk duly sworn upon his oath deposed and said, that Chancy Butler named in the foregoing instrument of writing, signed, sealed, published and declared the same, in his presence and that of Ashbel Stone, to be his last will and testament and that he, and said Ashbel Stone attested and subscribed the same as Witnesses in the presence and by the express direction of said Chancy Butler the testator & further say not.
Attest: Robert B. Duncan, Clerk
Recorded March 25, 1840
Marion County, Indiana Clerk’s Office
Will Book A, page 97
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