Will and Testament
Will Book 3
I Nelson Jewett of the County of Decatur and State of Indiana being of sound mind and memory do make and publish this as my last Will and testament hereby revoking all other wills by me made.
Item 1st It is my will that my Just debts and funeral expenses be paid as soon after my death as practicable.
Item 2nd I devise to my beloved wife Ruth Jewett
in the event she survives me the home farm upon which we now live supposed to contain about one hundred and seventy (170) acres to have and to hold the same during her natural life and at her death remainder in fee to my daughters share and share alike the descendants of the daughter or daughters that may be dead taking the share that would have fallen to the daughter or daughters if living.
I bequeath to my beloved wife all the household goods to be her own absolutely. I further bequeath to her the sum of one thousand Dollars ($1000) to be her own absolutely and this devise of lands and bequeath of goods and money I intend to be to her in lieu of her thirds in my real and personal Estate as would be given her by law and in lieu further of the Five hundred dollars given her under the Statute of Indiana.
Item 3rd I will and devise to my daughter
Julia Hill (wife of James Hill) the following described real Estate in Decatur County State of Indiana being a part of the west half of the north East quarter of Section 16 Township 11 Range 9 Beginning at the half mile post on the north side of said section; thence East 80 poles 17 links to a stone fence; thence south 50 poles 15 links to a stake on the north bank of Clifty; thence south 52 degrees west 8 poles and 10 links; thence south 25 degrees west 52 poles; thence south 3 degrees East 10 poles; thence 24 degrees east 40 poles; and 10 links; thence south 77 degrees East 17 poles and 20 links; thence south four poles and 4 links; thence south 57 degrees west 19 poles and 5 links; thence south 65 degrees west 10 poles; thence south 51 degrees west 20 poles; thence north 86 degrees west 15 poles and ten links to the center of Clifty Creek; thence westwardly with the center of Clifty to the west line of said half quarter thence north 130 poles 18 links to the place of beginning Containing 70 21/100 acres more or less being the lands conveyed to me by
George M. Riffe December 22" 1858 the conveyance being recorded in Deed Record No. 1 page 293 in the Recorders office of said County of Decatur to which Record reference is made.
Item 4th I will and devise to my daughter
Emma Robinson (wife of Lafayette Robinson) all that land conveyed to me by
William Guthrie Jan 30" 1857 the conveyance being found in deed Record by pages 166 & 167 in the Recorders office of Decatur County Indiana to which record reference is made for a description of said lands so devised the 70 11/100 acres devised to my said daughter Julia Hill in Item 3rd of this will the said 70 21/100 acres being the East part of the said land conveyed to me by said Guthrie the land thus devised to my said daughter Emma Robinson being the west part of said Guthrie land and containing 77 15/100 acres more or less. I further devise to my daughter Emma Robinson that land conveyed me by
Wm. R. Critser and John Fuel Apr 14, 1860 the conveyance being recorded in Deed Record No. 2 Oct 2 page 458 in the Recorders office of Decatur County Indiana to which reference is made for a description of said Land the lands thus devised contains 26 1/8 acres more or less and is situate in Decatur County State of Indiana.
Item 5th I will and bequeath to my daughter
Elizabeth McCoy (wife of Benjamin F. McCoy) Nineteen hundred and Eighty Nine Dollars ($1989)
Item 6th I will and bequeath to my daughter
Fanny White (wife of John W. White) thirty one hundred and twenty seven Dollars (3127)
Item 7th I will and bequeath to my daughter
Clara Jewett thirty one hundred and twenty seven dollars ($3127)
Item 8th I will and bequeath to my daughter
Emma Robinson (wife of Lafayette Robinson) the sum of two hundred and nine dollars ($209)
Item 9th As to the remainder of my personal property not disposed of by this will after the payment of debts and funeral expenses as contemplated in Item 1st of this will out of the same and as to any real estate I may become seized of in the further future and not disposed of by this will all such personatly and realty shall ascend to my daughters share and share alike the descendants of those dead taking the share that would have fallen to the parent if living..
As to the seeming inequalities of the legacies to my daughters as set forth in the foregoing items I explain that I by this will equalize all advancements made heretofore to any of my daughters considering them in the portions given those advanced, having advanced my daughter
Elizabeth McCoy Eleven hundred and thirty Eight dollars which sums are estimated in my provisions for said Julia and Elizabeth and shall not be in any manner estimated against them further in the settlement of Estate. In the event there shall not be sufficient personal property to pay all their legacies then the deficiency shall become equally by all my five daughters each ones share of the deficiency to be taken from her legacy given her by this will or be a charge upon land devised her where land is given and not money or whose land and money is both given the said charges on the lands to be paid to my estate and equally divided among all my daughters suffering such deficiency of legacy for I make all my Children equal with land or money or both.
In testimony hereof I have hereunto set my hand and seal this Sept 16th 1882.
Nelson Jewett (SEAL)
Signed and acknowledged by said Nelson Jewett as his last will and Testament in our presence and signed by us in his presence. M. G. Falconbury
Benj. F. Bennett
I Ruth Bennett widow of Nelson Jewett decd. elect to take under the will of said Jewett, instead of under the law, my share of his estate Oct 14, 1882 Ruth Jewett
Attest E. F. Dyer Clerk
State of Indiana
County of Decatur SCT
Be it remembered that on this 7th day of October A.D. 1882 personally appeared before the Clerk of the Circuit Court of said County Benjamin F. Bennett and Millford G. Falconbury who being duly sworn according to law on their oath say that they are attesting witnesses to the instrument of writing to which this be attached purporting to be the last will and testament of Nelson Jewett deceased. That they saw the said Testator sign the same and heard him declare it to be his last will and testament. That the time date of execution thereof to-wit the 16 day of September 1882 Testator was of sound mind and memory and capable of disposing of his property and not under coercion or restraint from any person whatever that they signed said instrument of writing as Witnesses at the request of said Testator in his presence and in the presence of each other and further saith not.
M. G. Falconbury
Benj F. Bennett
Subscribed and sworn to before me this 7th day of October 1882
Witness my hand and the seal of said Court at Greensburg the state above written.
E. F. Dyer Clerk
State of Indiana
Decatur County SS
I Evander F. Dyer, Clerk of the Circuit Court of said County do hereby certify that the within annexed last Will of Nelson Jewett late of Decatur County deceased has been duly admitted to probate, that its due execution was this day proven by Benjamin F. Bennett and Milford G. Falconbury attesting witnesses whose proof together with such will has been duly recorded on Book 3 pages ___ of the Record of Wills in our office.
In Witness Whereof I have hereunto set my hand and affixed the seal of said Court at Greensburg this 7" day of October A.D. 1882
E. F. Dyer Clerk
Transcribed by Barb Huff