Will of
Ruth Virgin
In the name of the benovelent Father of All
I Ruth Virgin do make and publish my last Will and Testament
Item 1st
I give and devise to my two beloved Sisters Ann Peak and Sarah Swanigan the Tract of land in which I now reside situate in Sect No. 22 in Town (11) R. (7) Each in Shelby County Indiana containing 25 acres during their Natural lives and on the death of either then the whole of said Tract to go to the survivor during her natural life at the death of both of my said sisters Ann Peak and Sarah Swannigan the tract of land aforesaid I give and devise to my sister Cassandria Peak and my brother Benjamin Peak and their heirs.
Item 2"
I give and devise all The personal property that I may own at my death to my three Sisters Ann Peak Sarah Swannigan and Cassandria Peak and Brother Benjamin Peak to be equally divided among them
Item 3rd
I do hereby nominate and appoint my beloved Brother Benjamin Peak Executor of this my last will and Testament hereby authorizing and empowering him to compromise Release A? just and discharge in such manner as he may deem proper the debts and claims due me
I do hereby revoke all former Wills by me made
In Testamony whereof I have hereunto set my hand
and seal this day of March in the Year 1862
her
Ruth X Virgin { seal }
mark
Signed and acknowledged by said
Ruth Virgin as her last will and
Testament in our presence and
signed by us in her presence
Matthias Floyd
Benjamin J. Peake (Jr)
State of Indiana
Shelby County Ss
Be it remembered that on the 1st day of November A D 1876. that being the 27" Judicial day of the October Term AD 1876 of the Shelby Circuit Court Came into open Court Matthias Floyd one of the subscriging witnesses to the within and foregoing last will and Testament of Ruth Virgin late of Said County deceased and being duly sworn by the Clerk of said Court upon this oath declared and Testafied as follows that is to say that on the day of March AD 162 he saw the said Rith Virgin sign her name to said Instrument in writting as and for her last will and Testament and that this deponent at the same time heard the said Ruth Virgin declare the said [one line is missing here]
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Continued
Will and Testament and that the said Instrument in writing was at the same Time at the request of the said Ruth Virgin and with her consent attested and subscribed by the said Matthias Floyd Benjamin J Peak Jr in the presence of said Testatrix and in the presence of each other as subscribing Witnesses thereto and that the said Testatrix was at the time of the signing And subscribing of said instrument in writting as aforesaid of full age (that is more than Twenty one Years of age) and of sound and disposing mind and memory and not under any coercion or restraint as the deponent verily believes and further deponent says not
Matthias Floyd
Sworn to and subscribed by the said Deponent before me Bellamy S Sutton Clerk of said Court at Shelbyville the 1st day of November 1876.
In attestation Whereof I have hereunto
{ L S } subscribed my name and affixed the seal of
said Court Bellamy S. Sutton Clk.
State of Indiana Shelby County ss:
I Bellamy S Sutton Clerk of the Circuit Court of Shelby County Indiana do hereby certify that the within annexed will and Testament of Ruth Virgin has been duly admitted to probate and duly proved by the Testamony of Matthias Floyd on of the subscribing Witnesses thereto that a complete Record of said Will and of the Testamony of the said Matthias Floyd in froof thereof has been by me duly made and recorded in Book 1 at pages 452 & 453 of the Record of Wills of said County In attestation Whereof I have hereunto subscribed my name and affixed the sial of said Court at Shelbyville this 1st day of November 16.
Bellamy S Sutton Clk.
cir court Shelby County
Transcribed by Phyllis Miller Fleming
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