Last Will and Testament
Shelby County Indiana
The Last Will and Testament of John Murphy of Shelby County in the State of Indiana I John Murphy Considering the uncertainty of this Mortal Life and being of Sound mind and memory (Blefsed be Almighty God for the same) Do make and publish this my last will and Testament in maner and form folowing (that is to say) first I Give and Bequeth unto my Beloved Wife Jean Murphy During hur natural Life if it shall so pleas God to Spare hur after my Desease the East end of the house I now Live in with one good Bed and Beding also one Beurow with hur Choise of four Chairs one Table with a suficency of pots and table ware Likewise fifteen Bushel of wheat and Ten Bushel of Buckwheet and six pounds of Good Teas six pounds of Coffy & Two Hundred & fifty lbs of good well fated pork those articles to be given yearly During hur Natural Life Likewise hur Choise of one Cow with Liberty to Raise Cows fromed Cow and hur firewood halled to the house and Choped up for hur also fifteen Dolors yearly to keep hur in what she wants The above articles
and every of them is to be Given hur from the farm that I purchased of Henry Andrews Item I Give and bequeath to my oldest son Francis Murphy fifty Acres of the North side of the farm he now Lives on with the house he now Lives in the Said fifty acres to run to the East end of said farm so that it will be as Wide at the East end as at the west nd with my Gun and all my Wearing apearel ---- Itim I Do give and bequeth To my son William Murphy if alive the sum of one Hundred Dolors to be paid to him within two years after my Decease ---- Item I Do Give and Bequeth to my Son John Murphy if alive the sum of one Hundred Dolors the one half three years after and the onther half four years after my Desese the above money to be paid out of the farm
January 1837 --------
I Bought of Henry Andrews ---- Item I Do give and bequeth to my Son Porterfield Murphy's Two Children William Murphy & John Murphy fifty Acres off the North side of the farm that I Bought of the Estate of Joseph Upthegraff Decd (where my son Francis now Lives) it being the one half of said farm this is to say if said two sons William & John shold be alive at my Decease if not to be given to Living Children of said Porterfield Murphy if any and to be an equal Devide when the Come to age of twenty one said Land to be from the West end to the East end and not more than fifty Acres Itim I Give and bequeth to my son Samuel Murphy the farm I now Live on as purchased from Henry Andrews Containing one Hundred and Seventy Seven Acres and one half Acre With all my Stock of Horses Cows hogs & farming utensals the one half of all the House hold furnature Beds and Beding not other ways Disposed off ---- Itim I Give and Bequeth to Martha Jean Boal Mary Boal & John Boal in manner following to Martha Jean if she Lives to the age of twenty one or if sooner Marry fifty Dolors ---- to Mary Boal that is to say if she Lives with hur Ant Rachel or her Unkil Samuel to the age of twenty one if not sooner Marred the sum of one Hundred Dolors and to John Boal at the age of twenty one one Hundred Dolors provided he stays with his Uncil Samuel Murphy to said age with not Lefs than Two years Schooling those three Children being Left by my doughter Jean Boal Decd under my Care Itim I give and Bequeth to my Daughter Molly Stevenson the sum of one Hundred Dolors and to be paid out of my property in Newberry which is house Lot & stonesmith shop and To my Doughter Martha Carothers I give and bequeth the residue of What ever said property of house Lot & shop will fetch which is in the Town or adjoining Sd town of Newberry Lycoming County Pensylvenia Itim I Give and Bequeth to my Doughter
Itim I Do give and bequeth to my Son Porterfield Twenty Dolors to be paid by my son Samuel Murphy
Rachel Murphy the sixty two and one half acres of Land which I purchased of Benjamin Lockhart with hur Bed and one good Cow and table and if said Rachel Murphy shold Dye without Lawfull ishue said farm to fall Back to hur Brother Samuel Murphy and if my son Samuel Murphy shold Dye without Lawfull Ishue if not being Marryd then his property of said Land to be Devided alike and alike amongst the Whole of my sons & Doughters them or there heirs and Lastly I will that all my Just Debts as shall be by me owning at my Deth together with with my funeral expencis be paid by my son Samuel Murphy and forthermore I Do Nominate and apoint my son Samuel Murphy & Thomas Vouhen [Vaughen] executors of this my Last Will and Testamint hereby revoking all former wills by me made in witnefs where of I have hereunto set my hand and seal this Ninth Day of January in the year of our Lord one thousand Eight Hundred and thirty Seven -------
and if any of my sons or Doughters shold Try to Break this my Last Will and Testamint the shall receive but five Dolors
Signed sealed published and Declared by the above named John Murphy to be his Last Will and Testement in the presence of us Who at his request and in his presence have subscribed our Names as Witnefss thereunto
This Later Close wrote before signing by ufs with all unter Lining--------------
and furthermore to my son Porterfield }
Murphy I Do Bequeth twenty five Dolors }
to be paid by my son Samuel Murphy one year } Richard S. Cummins
after my Decese John Murphy --------- }
& furthermore my half of the three Quarters of an acre } Benjamin Lockhart
which is Rented from B. Lockhart for 20 years }
to William Murphy son of P. F. Murphy }
John Murphy }
State of Indiana ----- Shelby County Ss
Be it remembered that on the Eeventh[stet] day of October in the year Eighteen hundred and Thirty Eight personally appeared before me Sylvan B Morris Clerk of the probate court of Shelby County at my office in Shelbyville Benjamin Lockheart the Surviving Subscribing Witnefs to the within will and being by me duly sworn deposeth and saith that He Saw and heard John Murphy Sign Seal publish and declare the within instrument of writing as his last Will and Testament that he was of Sound mind and memory at the time of its Execution and further that he signed his name thereto in the presence of the Said Testator and at his request as such witnefs and in the presence of Richard S Cummins the other Subscribing Witnefs thereto
/s/ Benjamin Lockhart
Sworn to and Subscribed before me the day and year above Written
/s/ Sylvan B Morris Clerk P. C. S. C. Ind
[the pages are folded in thirds; this is written on the bottom of the outside flap]
Recorded in the office of
the Recorder of Shelby
County Ia. January
26th 1839 in Deed Book
H. Pages 534. 535 &
Fee $1.50 Paid to
Milton Robins Recorder
Transcribed by Phyllis Miller Fleming
Notes: The will appears to have been written by John Murphy himself; that is to say, the handwritting of the will matches the signature of John Murphy.
~ ~ ~ ~ ~ ~ ~
The following is a transcription of the will as it was officially recorded at
the Shelby Co Courthouse in the hand of Sylan B. Morris, Clerk. As you can
see, some liberties were taken.
County Indiana January 1837
will and testament of John Murphy of Shelby County in the State of Indiana.
Murphy considering the uncertainty of this mortal life and being of sound mind
and memory blessed be Almighty God for this same do make and publish this my
last will and testament in manner and form following that is to say.
give and bequeath unto my beloved wife Jane Murphy during her natural life if it
should so please God to spare her after my decease the East end of the house I
now live in with one good bed and bedding Also one Bureau with her chair of four
chairs an table with a sufficiency of pots and table ware likewise fifteen
bushels of wheat. Ten Bushels
Buckwheat. Six pounds of good tea
and Six pounds of Coffee and five hundred and fifty pounds of good well fatted
pork. These articles to be given
yearly during her natural life. Likewise
her choice of one cow with liberty to raise cows from sd cow and her firewood
hauled to the house and choped up for her.
Also fifteen dollars yearly to keep her in what she wants.
the above articles and every of them is to be given her from the farm
that I purchased of Henry Andrews and in full of her dower.
I give and bequeath to my oldest son Francis Murphy Fifty acres of the
south side of the farm he now lives on with the house he now lives in.
The said fifty acres to run to the East end of said farm so that it will
be as wide at the East end as the West end, with my gun and all my wearing
Item - I
do give and bequeath to my son Wm Murphy if alive the sum of one hundred dollars
to be paid to him within two years after my decease.
Item - I
do give and bequeath to my son John Murphy if alive the sum of one hundred
dollars, the one half three years after and the other half four years after my
decease the above money to be paid out of the farm I bought of Henry Andrews.
Item - I
do give and bequeath to my son Porterfield Murphy's two children William Murphy
Jr. John Murphy fifty acres off the North line of the farm that I bought of the
Estate of Joseph Updegraff deceased (where my son Francis Murphy now lives) It
being one half of said farm - This is to say if said two sons William & John
should be alive at my decease if not to be given to the living children of said
Porterfield Murphy if any and to be an equal division when they came at age of
twenty one said land to be from the West end to the East end and not more than
Item - I
give and bequeath to my son Samuel Murphy the farm I now live on as purchased
from Henry Andrews containing one hundred and seventy seven acres and one half
acre with all my stock of Horses, cows, hogs and farming utensils the one half
of the house hold furniture beds and bedding not otherwise disposed of.
Item - I give and bequeath to Martha Jane Boal Mary Boal & John Boal in the
Jane if she live to the age of twenty one or if sooner married fifty dollars.
To Mary Boal that is to say if she lives with her Aunt Rachael or her
Uncle Samuel to the age of twenty one if not sooner married the sum of one
hundred dollars. And to John Boal at the age of twenty one one hundred dollars
provided he stays with his uncle Samuel Murphy to said age with not less than
two years schooling. These three
children being left by my daughter Isaac Boal deceased under my care.
Item - I
give and bequeath to my daughter Molly Stephensen the sum of one hundred dollars
and to be paid out of my property in Newberry which is a house lot & Stove
Smith shop. And to my daughter
Martha Carothers I give and bequeath the residue of whatever said property of
house lot & shop will fetch which is in the town or adjoining said town of
Newburg Lycoming County Pennsylvania.
Item - I
give and bequeath to my daughter Rachael Murphy the sixty two acres and one half
acres of land which I purchased of Benjamin Lockhart with her bed and one good
cow and calf and if said Rachel Murphy should die without lawful issue said farm
to fall back to her brother Samuel Murphy.
And if my
son Samuel Murphy should die without lawful Issue or not being married then his
property of said land to be divided alike and alike amongst the whole of my sons
and daughters them or their heirs.
will that all my just debts as shall be by me owing at my death together with my
funeral expenses be paid by my son Samuel Murphy and furthermore I do nominate
and appoint my son Samuel Murphy and Thomas Vaugh Executors of this my last will
and testament hereby revoking all former wills by me made.
whereof I have hereunto set my hand and seal this Ninth day of January in the
year of our lord one thousand Eight hundred and thirty seven and if any of my
sons or daughters shall try to brake this will and testament they shall receive
but five dollars and no more.
John Murphy /seal/
sealed and published and declared by the above named John Murphy to be his last
will and testament in the presence of us who at his request and in his presence
have subscribed our names as witnesses and furthermore to my son Porterfield
Murphy I do bequeath twenty five Dollars to be paid by my son Samuel Murphy one
year after my decease John Murphy and furthermore my half of the three quarters
of an acre which I rented of Benjamin Lockhart for forty years to William Murphy
son of P.F. Murphy.
latter clause written before signing by us with all interlining.
Richd S. Cummins
Indiana Shelby County SS.
B. Morris Clerk of the Shelby Circuit Court and ex-officio Clerk of the Probate
Court of Shelby County do hereby certify that the foregoing is a true and
correct copy of the last will and testament of John Murphy deceased late of said
County and further that Samuel Murphy and Thomas Vaughn the Executors named in
said will have duly proved the same and are legally authorized to take upon
themselves the Administration of the Estate of said Testator, according to the
said will. Witness Sylvan B. Morris
Clerk of the said Probate Court and the seal of said Court hereunto affixed at
Shelbyville the Sixteenth day of October at Eighteen hundred and thirty eight.
Sylvan B. Morris Clerk