Alexander Clark’s Will

Orange County Indiana, Will Book 2, Pages 13-14

“In the name of God Amen. I Alexander Clark of the County of Orange and state of Indiana being of sound mind and disposing memory thanks be given to him who rules above and knowing the uncertainty of life and that it is appointed for all men to die Do make declare and publish this my last will and testament hereby revoking all former wills and codicils heretofore made by me and I hereby dispose of that portion of worldly estate which it has pleased the Almighty ruler of the universe to bless me with in manner and form following to wit. 

Item 1^st. I desire that my mortal remains be decently interred and that all my just debts and funeral expenses be first paid and the residue be divided amongst my children as follows to wit. 

Item 2^nd. I give and bequeath unto my two daughters Catharine Clark and Deborah Clark all my household and kitchen furniture that they may desire to keep. Also one cow each to be selected by them and if either of the cows have a calf at the time the calf is to go with the cow. Also one horse creature each, which if the same cannot be divided between my two daughters equally said horses are to be sold and the proceeds equally divided. 

Item 3^rd. I give and bequeath to my son Jonathan Clark seventy five dollars. 

Item 4^th. I give and bequeath to my son William Clark the sum of fifty dollars. 

Item 5^th. I give and bequeath to my daughter Elenor Hill wife of Nathan Hill the sum of fifty dollars. 

Item 6^th.  I give and bequeath to my son Samuel Clark and my two daughters Catharine Clark and Deborah Clark the real estate which I now own in the County of Orange and state of Indiana to wit a part of Fractional section thirty four (34) in Township two (2) north of Range one (1) west which is the home farm and which has not been heretofore disposed of to Nathan Hill and bargained to William P. Lomax but should the contract with the said William P. Lomax fail and the land bargained to him revert to my estate again it is my desire that the same be considered as a part of the devise in this item and it is my further desire that should my son Samuel Clark return from California and desire to keep the land hereby devised in this item the same shall  vest in him and his heirs forever by paying the said Catharine Clark and Deborah Clark each the sum of nine hundred dollars in cash. 

Item 7. It is my desire and my intention to make all my children equal in this worlds goods and which by the devises above made added to the advancements in money land and other property heretofore made them. I consider I have done and it is further my intention that the devises here made are not to affect any indebtedness which any of my children may be under to me. 

Item 8. It is my further desire and will that all the residue of my estate both real and personal whether in the County of Orange or in any other part of the state of Indiana be sold at public auction by my executer hereinafter named except the crop of corn now growing which I desire shall belong to and remain in the possession and control of the said Catharine Clark and Deborah Clark provided they remain on the home place and desire to keep the same and the proceeds equally divided amongst all my children including every portion of my estate not here otherwise devised. 

Item 9^th. And I hereby nominate and appoint my son William Clark and my son in law Nathan Hill my executers to this my last will and testament to carry out the provisions thereof given under my hand and seal this 20^th day of July 1853.   Alexander Clark [Seal] 

Signed and sealed in presence of us and by us witnessed at his request and in his presence and in the presence of each other.

          Arthur J. Simpson

          Jonathan Lindley 

The State of Indiana

Orange County 

Be it remembered that on this 8^th day of August 1853 Arthur J. Simpson and Jonathan Lindley personally appeared in the court of Common Pleas of Orange County before the judge whereof and being duly sworn say that the foregoing will of Alexander Clark deceased was duly executed by said testator That said testator at the time of executing the same was of sound mind and competent to devise his property and not under coercion that said afficants subscribed their names as witnesses to said will in the presence of said testator and in the presence of each other as witnesses thereto at the request of said testator and further say not.

A. J. Simpson

Jonathan Lindley

 Subscribed and sworn to in open court the day and year last above written.

[Seal] Attest Asa M. Black, Clerk and the seal of said court this 8 day of August 1853. Asa M. Black, Clk, CCP Orange County

 
The State of Indiana

Orange County SS

 I, Asa M. Black clerk of the court of Common Pleas of Orange County certify the foregoing to be a full and complete record of the will of Alexander Clark aforesaid and of the proofs and attestations above mentioned attest my hand and seal this 8 day of August 1853. Asa M. Black clk

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