the last Will and
I Solomon Nave of Shelby County in the State of Indiana do make and publish this my last will and testament hereby revoking and making void allformer wills by me at any time heretofore made.
First -- I direct that my body be decently and appropriately interred, and that my funeral be conducted in a manner corresponding with my estate and Situation in life, and as to such worldly estate as it has pleased God to entrust 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 money that shall come to the hands of my executor from any portion of my estate real or personal. I also direct that my wife Polly Nave shall have out of all the personal property of which I now own an amount equal to three hundred dollars worth. She to choose and select such three hundred dollars worth of property as before named, soon as practible after my death. and before my executor shall sell and dispose of any of my estate, and in case she should fail or refuse to select such property then that two disinterested householders select and appease the same for her; that such property be not sold by my executor in case of such refusal for one year after my decease, and that she as directed to take the same at any time before such sale. I also direct that the Eighty acres of the farm on which I now live shall be and remain my said beloved wifes, Polly's during the time of her natural life, together with all the right and privileg as to the same belonging, subject however, to tho's exception, viz. the crops now growing upon said Land shall one half go to my executor to pay my debts, except fifty bushels of wheat, which I direct to be given to my wife by them or so much of sold one half, the other half of said crops to remain for my Sons Morton S. and Nathan L. Nave, and I direct that they have such one half of the growing crops. I also direct that my executor sall [sic] immediately and without unnecessary delay. sell all of my personally [sic] property or estate that may or shall come into his hands after my decease, by reason of his trust hereby created, and after the payment in full of all my first debts, and remaining in his hands. that the same be equally divided between my beloved wife and children; each one taking an equal share. I also direct that after the death of my wife Polly, that the home farm, on which I now live, and which is above named, shall decend and be divided equally between all of my children; I also direct that the lands now owned by me, other than the home farm of Eighty Acres before named, shall be equally divided between my children, provided always that my personal estate is sufficient to pay all my first debts together with all other expences attending my funeral and the settlement of my estate and in the event that my personal estate, after such deduction of the legacies above named is insufficient for that purpose then I direct that my executor sell sufficient of my real estate to paid the same and that any such sale of real estate made for that purpose, be made of other lands other that the home farm hereby bequested to my wife during the time of her natural life and at the time of her death whatever of my estate which may, by the provisions of this my last will, come to my Daughter Emily Ann, wife of Benjamin Keck, shall be and remain free for her own use, and not subject to disposal by her husband. And I hereby make and ordain my worthy and esteemed friend Thomas Dixon executor of this my last will and testament.
In witness whereof, I Solomon Nave, the testator have hereunto set my hand and seal this 7th day of December A.D. 1859.
Solomon Nave /s/ ~seal~
Signed, sealed, published and declared by the above named Soloman Nave as his last will and testament in the presence of us who have hereunto set out hands and subscribed our names, as witnesses thereto in the presence of said testator and in her presence of each other.
Benjamin F. Davis /s/
Thomas Dixon /s/
Subscribed & sworn to before me In testimony whereof I have hereunto set my hand and affixed the seal of said Court this 12th day of January 1860.
Alonzo Blair /s/
State of Indiana }
Shelby County }
Be it known that on this 12th day of January A.D. 1860, personally came before the under signed Clerk of the Court of Common Pleas of Shelby County Thomas Dixon, on [sic] of the subscribing witnesses to the last will and testament of Solomon Nave, late of Shelby County, deceased now presented and and offered before me said Clerk for probate and record, and the said Thomas Dixon being duly sworn to testify the truth the whole truth and nothing but the truth touching the execution of said will deposes and says that said testator Solomon Nave, signed published and declared said will to be his last will and testament in his presence, and in the presence of Benjamin F. Davis the other subscribing witness thereto, that they signed said will at the request of said testator, in his presence and in the presence of each other, that said testator at the time of making said will was of lawful age to devise his property towit over the age of twenty one years of sound and disposing mind and memory, and not under coercion or restraint.
Thomas Dixon /s/
State of Indiana }
Shelby County }
I Alonzo Blair, clerk of the Court of Common Please of said county, certify that the within last will of Solomon Nave late of Shelby County, deceased, has been duly admitted to probate: that its due execution was this day proven by Thomas Dixon, whose proofs, together with such will, have been duly recorded on pages 13, 14 & 15 of the Record of wills in my office.
In witness whereof, I have hereunto set my hand, and
affixed the seal of said Court, this 12th day of January
Alonzo Blair Clerk /s/
Transcribed by Phyllis Miller Fleming
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