Shelby  County  Indiana

the last Will and Testament of Elizabeth  Brown

In the name of the benevolent father of all
          I  Elizabeth Brown widow of  George W Brown deceased of Shelby County and
State of Indiana do make and publish this my last Will and Testament

          Item First
I give and devise to my son  George W Brown subject to the charges relinquishments and conditions herein after expressed the following described tracts of land situated in Shelby County and State of Indiana to wit Beginning at the South East corner of the North East quarter of section five in Township Twelve (12) North of Range Eight (8) East and running thence North sixty rods thence West to the West line of said North East quarter Thence South Sixty rods to the south West corner of said North East quarter thency East to the place of beginning containing Sixty acres more or less and also Forty Rods in width off the North end of the West half (1/2) of the south East quarter (1/4) of said section containing Twenty acres more or less upon condition that after my decease he shall surrender up to my executor or Administrator to be canceled or otherwise relinquish to my estate all demands against said estate arising by virtue of three promissory notes now held by him executed by me and  A T* Brown  to Valentine Friday and by him assigned to said George W Brown. One of said notes being for the sum of Three hundred and fifty dollars due Dec 23rd 1864 and dated Jan 7th 1863 with interest from date. said note being secured by mortgages on the real estate above described and one of said notes being for the sum of fifty five dollars dated Jan 23rd 1863 and due twelve months after date and the other of said notes being for the sum of $38.50 dated April 9th 1864 and due Dec 25 1864. Or cause said notes to be so delivered up relinquished and canceled and upon the condition that within one year after my decease he shall pay to the children of  William Brown my deceased son then living to wit  Thomas and  Samantha Brown to be divided equally between them the sum of one hundred and Seventy Five dollars to my daughters  Mary Ann Crail  Hannah E Burton  and  Emeline Burton  and my sons  John O Brown  and  Adam T* Brown  the sum of one Hundred and Seventy five dollars each provided that said G W Brown Shall have the privilege of giveing his promissory notes with good personal security due one year after my decease for the respective amounts of money to be paid by him to my said sons and daughters and children of my said son above named and the giveing of 4 said notes thus secured shall be a compliance of the
condition of payment herein expressed and provided also that said George W Brown shall have fifty acres of the land above described being the undivided Five Eighths portion of said lands on the [?] either giveing said notes or making said payment provided he shall relinquish all demands for the notes above described.

          Item 2nd   I do hereby nominate and appoint  Andrew Jarrell executor of this my last will and testament

          Item   3rd I herey revoke all former wills by me made In Testimony hereof I have hereunto set my hand and affixed my seal this Twenty Third day of August in the year 1865

Elizabeth X Brown

Signed and acknowledged by said Elizabeth Brown as her last will and testment in our presence and signed by us in her presence and in the presence of each other

William R Connor /s/
Joseph Lacy

* The second initial might be "J" or "I".


The State of Indiana, Shelby County, ss:
Be it Remembered That on the 9th day of February AD 1870 William R. Connor, one of the subscribing witnesses to the within and foregoing last Will and Testament of  Elizabeth Brown, late of said County, deceased, personally appeared before JG Wolf Clerk of the Courth of Common Pleas of Shelby County, in the State of Indiana, and being duly sworn by the Clerk of said Court, upon his oath declared and testified as follows, that is to say: that on the Twenty third day of August A D. 1865. he saw the said Elizabeth Brown sign her name to said instrument....

Copied from the original will, filebox 88, Shelby County Court House, Shelbyville, IN, by Phyllis Miller Fleming.

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