Adams County Law Enforcement Center
Will Record A, Roll 30
Will of McConnehey
In the name of God, Amen. I, William McConnehey, of the county Adams, and state of Indiana. Being weak of body, but sound and disposing mind and memory, considering the certainty of death and the uncertainty of the time thereof, and being desirous to settle my world business and hereby be the better prepared to leave this world when it shall please almighty God, so call me hence. Do therefore make and publish this my last will and testament in manner and form following (to wit)
[Item first] And principally I commit my soul to God and my body so be interred in a Christian like manner according to the wishes of my family.
[Second] It is my will and desire that all of my just debts and funeral expenses be paid by my executor hereinafter to be appointed out of the money arising from the sale of my personal estate. If there should not be sufficiency of my personal estate for that purpose my executor shall be authorized to sell of my real estate of --- the south side thereof a sufficiency to make up the deficiency and to pay the expenses of settling the estate.
[Third] It is my will and desire that my executor shall, as soon as convenient, proceed to sell all my personal estate except a sufficiency of provisions to support my family until the harvest after my decease and live cows, six sheep, two beds and bedding and all my kitchen furniture not to include the cooking ware. The said executor shall first have all the property appraised by two disinterested persons by him selected for that purpose.
[Fourth] It is my will and desire that my beloved wife Catharine shall receive for her use and benefit two cows, six sheep, two beds and bedding and all my kitchen furniture except the cooking stove and furniture and that she --- the use and occupancy of the house and land situated on the northeast corner of the land on which I now reside provided the said Catharine remains my widow. Should she marry --- she shall forfeit her right to the properties aforesaid.
[Item 5] It is my will and desire that my executor shall rent my farm for a grain or cash rent as he may think best for the term of two years after the first of April next. The rent so received by him shall be converted into money and shall be expended in paying any claims against my estate that may be then said except so much as my executor shall deem sufficient for the support of my widow and my two youngest children.
[Sixth] It is my will and wish that my executor, after two years from the first of April next, proceed to divide my real estate into nine equal shares according to value by metes and bounds and when so divided each lot shall be numbered and the numbers shall be put on separate pieces of paper and drawn by my executor for the first number drawn shall be for my first children after mentioned, the second for the second child mentioned and so on until all are drawn. My executor shall before making the division aforesaid call upon three discreet disinterested persons to assist him in making said partition and the land so divided shall be an inheritance in fee simple to my children as follows:
To my son David, Josiah, John, Andrew, William Henry, Sarah now married to Reuben Warner, Elizabeth now married to George Cline, Susannah now married to William Pillars, and Mary Catherine should any of my children die leaving no heirs of their body previous to making the partition aforesaid the same shall be divided into so many --- shares so that each one then living shall have an equal share of the whole, and provided that the said mentioned heirs shall pay to my beloved wife Catharine the sum of five dollars each per year during her married life if she so long remains widow.
[Item 7] It is my will and desire that my two youngest children, to wit Andrew and William Henry be and remain with my beloved wife Catharine until they are of sufficient age so to maintain themselves.
[Item 8] It is my will and desire that the amounts to be paid to my wife Catharine by my heirs shall commence and become due the first day of April 1852 and so on during her lifetime if she so long remains my widow. The payment from the two youngest children shall not commence nor shall they be chargeable therewith until the first of April 1860. My executor shall so soon as all claims are settled be exonerated from further service as such, that is to say he shall not be bound to remain as such for the purpose of seeing the payments of the heirs to my widow the several --- so required to be paid her, but she may sue and collect the same if she thinks proper and further that my widow retains the property so designated to her before her natural life and widowhood and is making the partition of the land by my executor as aforesaid. Due allowance shall be made for said encumbrance by making that share greater if necessary.
[Item 9] I do hereby contribute and appoint George A. Dent as my executor of this my last will and testament hereby revoking and annulling all others heretofore by me made. In testimony whereof I have hereunto set my hand and seal this eighth day of March A.D. 1851. Signed, sealed and declared, William McConnehey, his mark.
Seal, in presence of us who at his request and in presence of each other subscribed our names as witness hereunto: Levi Workinger, George A. Dent, State of Indiana, Adams County, ss. Samuel L. Rugg, clerk of the Probate Court of Adams County do hereby certify that --- will has been duly submitted so proof and probate aforesaid and further that a full and complete record of said will be the proof as examination of George Dent and Levi Workinger witnesses by whom the same was proved has been made and recorded in record of wills A roll Adams County Indiana. In testimony whereof I have hereunto set my hand and affixed the seal of said court at the Clerk's office in the town of Decatur in said county this twenty-first day of March 1851. S. L. Rugg, by W. G. Spencer, Deputy, State of Indiana, Adams County ss. George A. Dent and Levi Workinger, both of said county and each personally appeared before the undersigned Samuel L. Rugg, Clerk of the Probate Court of said county and being first duly sworn by said clerk on their oaths say they saw the within named William McConnehey sign and seal the annexed writing as his last will and testament and heard him publish and declare the same as such, that they were acquainted with him the said testator William McConnehey and from such an acquaintance believe him to have then at the date of said will been of sound mind and memory and not under any coercion or restraint and that he was of full age to devise property and further that the said George A. Dent and Levi Workinger each subscribed their names to the said amendment annexed will and testament of the said William McConnehey in presence of the said testator and at his request and in presence of each other and further that the attestation of the said subscribing witnesses was written on a separate paper so said will and made a point thereof. George A. Dent, Levi Workinger sworn and subscribed before me this twenty-fifth day of March 1851. Samuel L. Rugg, Clerk.