Shelby County, IndianaReuben Davisson, Executor of the last will and testament of Daniel Ross dec.
Last Will & Testament
Contributed by Phyllis Miller Fleming
Now comes the said Reuben Davisson&nbpsp; and brings and produces here in court an instrument in writing purporting to be the last will and testament of Daniel Ross (who is now deceased) which said instrument reads in the words and figures following to wit.
I, Daniel Ross of Shelby County, Indiana, do make this my last will and testament as follows to wit: Item 1st, I give and demise unto my wife (blank) all my land and real estate with the appurtenances to have and to hold the same to her only use, benefit, and behoof for and during her natural life, provided however, if she should get married again then she is to have but the one third thereof in value during her natural life. I also give and bequeath unto my said wife one hundred and fifty dollars and the one third of the residue of my personal property after the payment of all my debts, funeral expenses, and expenses of settling my estate to be taken by her at its appraisement or in cash as she may select, but not to be bought in by her at the sale.
I give and demise unto my Son William Ross seventy acres off of the West side of the quarter section of land on which I now live, known as the North East quarter of Section Nineteen in Township Twelve North of Range Six East in the County of Shelby and State of Indiana, to have and to hold the same to him and his heirs and assigns forever from and after the determination of my said wife’s estate therein created above.
I give and demise unto my Son Charles Ross ninety acres off of the East side of the quarter section aforesaid to have and to hold the same to him and his heirs forever from and after the determination of my said wife’s estate therein created above.
I also give and bequeath to my Son Charles one year old horse colt which colt he now claims.
I give and bequeath unto my Son James Ross twenty-five dollars and to my Son Moses Ross fifty dollars and to Henry E. Whitsell twenty-five dollars and all the residue of my personal and real estate I give, demise, and bequeath unto my Sons William and Charles Ross to have and to hold forever.
And I hereby appoint my friend Rueben Davisson the Executor of this my will.
I further direct that my said Executor shall cause my personal property to be appraised and sold according to law except so far as my said wife may select at its appraisement and
I hereby authorize my Executor if he thinks it better to require of my said wife to give a refunding bond for all she may select over and above the one hundred and fifty dollars, conditioned that she will refund so much thereof as may be necessary to pay debts or expenses or to adjust the legacies and bequests herein.
I further direct my said Executor to pay my debts and funeral expenses out of the first money that may come to his hands.
I also hereby revoke all former wills by me made. In testimony whereof, I have hereinto set my hand and seal this 31st thirty-first day of August in the year one thousand eight hundred and forty-nine.
Signed, sealed, and published Daniel Ross as his last will and testament in the presence of us who have signed the same in his presence and at his request as attending witnesses:
Transcribed by Phillip J. Ross
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