Last  Will  and  Testament

James  Mortimer  Hodges

Box 8

Peter Laycock Executor     Will  James M. Hodges
Filed in the office of the Clerk of the Probate Court of Shelby County
Febr 20th 1837     S. B. Morris Clerk

            I, James Mortimore Hodges of Shelby County and State of Indiana Do make and publish this my last Will and testament hereby revoking and making void all former Wills by me at any time heretofore made.  First I direct that my body be decently interred.  And as to such worldly estate as it has pleased God, to intrust me with, I dispose of the same in the following manner, to wit;
            I direct first that all my Just debts and funeral expences be paid, as soon after my decease as possible out of the first moneys that shall come to the hands of my Executor from my portion of my estate, real and personal.  First I also direct that after a fair valuation or appraisement be made of all my personal property by two Judicious neighbors or that it be sold at publick vendued or such Credit as my Executor may think best to give, and the moneys arising from such Sale to be applied to the payment of my Just debts & funeral Expences as above directed.  I also direct that give the tract of land I own in Marion County Indiana towit; the east half of the North West quarter of Section four in township Fourteen North of range four east containing Seventy-two acres and 92/100 to my only son  David Worstell Hodges  when he shall arrive at the age of twenty one years. - - I also give and bequeath to my Beloved wife  Rachel  all that Tract of land I own being a part of the North west quarter of Section four township thirteen Range seven east to her own proper use.  I also direct that my said wife have all the moneys that remain (after my debts be paid) arising from the sale of my personal property.  And in case that the personal property should not sell for a sufficient amount to pay my Just debts & funeral expence, I direct that the above described tract of land lying in Marion County be sold by my executor for that purpose, and the balance of money that remain I direct that it be laid out in the purchase of land for my son David W. Hodges which land when purchased shall be under the sole direction of my wife, till my son arrives at the age of twenty one years, at which time he will take full possession of said lands.
            I hereby make and ordain my wife’s father Peter Laycock Executor of this my Last Will and Testament. In witness whereof I, James Mortimore Hodges the Testator have hereunto set my hand and seal this Eighteenth day of January 1837.
James M. Hodges his     X     mark     (SEAL)            

Signed, sealed, published and declared by the above named James Mortimore Hodges as his last will & testament in the presence of us who have hereunto subscribed our names as witnesses in the presence of said Testator and of each other.
Wm H. Sleeth         Benjamin Hodges        

State of Indiana
Shelby County     SS
            Personally came Before me Sylvan B. Morris Clerk of the Probate Court of Shelby County, Indiana William H. Sleeth and Benjamin Hodges of said County of Lawful age and being by me duly sworn say upon oaths that they saw James M. Hodges sign seal publish and declare the above foregoing instrument of writing as his last Will and Testament that he was of Sound mind and Memory at the time of its Execution; That they signed their names thereto as Witnesses, in the presence of the said testator and at his request, and in the presence of each other. Wm. H. Sleeth Benjamin Hodges
            Sworn to and Subscribed before me at my office in Shelbyville the 2th day of February A.D. 1837
S. B. Morris     Clerk            

Transcribed by Barb Huff

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