Hezekiah  Smith's  Will

I  Hezekiah Smith of the County of Shelby and State of Indiana do make and publish this my Last Will and Testament revoking and making void all former wills by me at this any time made. First I direct that my body be decently intered and that my funeral be conducted in a manner corre- sponding with my estate and situation in life. 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 suit;

First, I direct that all my just debts and funeral expenses be paid, as soon after my death as possible our of the first monies that shall come to the hand of my executors, from any portion of my estate real or personal.

I also direct that a fair valuation on appraisment be made by three judicious neighbors of all my personal estate including my household furniture and after being signed by them, that a copy of the same be given by them to each of my Executors. And shall by them be sold for reasonable value for cash or on such credit as is usually in such cases, and the amount thereof secured in such manner as I usual in like cases to insure the full and punctual payment thereof and to effect this my intention I hereby vest my executors with full power and authority in as full and ample manner in every respect as I could my self do if of living.

I also direct that the whole of the proceeds of my personal property shall be and remain the absolute property of my beloved wife after paying the above named expenses, if she shall be living at the time of my death.

I also direct that all the money I shall die of seized and shall put at interest and also the lands that may belong to me shall be rented and the interest of the money of the proceeds of the land shall be the property of my beloved wife if she shall be living at my decease. I also direct that  Amanda McLain, my daughter shall have the full right of one half of the brick house that I now live in by her paying a fair valuation for the same at the deceased of my beloved wife if she shall survive me. And I also give and bequeath to my six heirs three sons, two daughters and a grand daughter.  Jesse Smith,  Aaron Smith,  Margaret Ann Smith, daughter of my son  Peter Smith deceased,  Hezekiah Cary Smith  and  Elizabeth Woodruff  and  Amanda McClain  my daughter an equal share of all my estate both real and personal after the decease of my self and my beloved wife, Sarah Smith.

I hereby declare that the true meaning and interest of this my last will in bequeathing property to my daughter and grand daughter, that in case of their decease that said property shall in no case what- ever decend to their husbands, but shall in all cases remain the property of my daughters and grand- daughters children and blood kin at law.

And, I hereby make and ordain  Nathaniel Thompson  and  Joseph Smithers executors of this my last will and testament, hereby revoking and disannulling all former wills by me made at any time: in witness so where of I Hezekiah Smith the testator, have hereunto set my hand and seal this fifteenth day of November in the year of our Lord One Thousand Eight Hundred and fifty nine……
signed Hezekiah Smith, SEAL
Signed, Sealed, published and delivered by the above named  Hezekiah Smith as his last will and testament in the presence of us who have hereunto subscribed our names as witnesses in the presence of the testator and in the presence of each other.
David Smithers
Elijah A. Powell
State of Indiana, Shelby County
Submitted by Jean Hehn

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