Will of Humphrey Smith

Contributed by, Peter & Lisa Smith


In the name of God Amen! I, Humphrey Smith, of Orange County and State of Indiana being weak in body, but of a sound and prefect (sp) mind, memory and understanding - blessed be Almighty God for the same, do make and publish this my last will and testament in manner and form following viz:
1st After all my just and lawful debts are paid, I will and bequeath unto my true and loving wife, Abigail Smith during her natural life all my personal property together with the possession and occupancy of the plantation on which she now resides subject to such arrangements as she may heretoafter think most advisable to make with her two sons Jarvis and Caleb Smith.
2nd I will and bequeath unto my son Allen Smith all my blacksmith tools, to have and to hold the same as his own property.
3rd I will and bequeath unto my two sons Jarvis and Caleb Smith all my real estate after the death of their mother, Abigail Smith to be equally divided between the said parties reserving to each their present possession to have and to hold and dispose of the said premises as they or either of them may hereafter deem most advantageous.
4th I will and bequeath unto my daughter Malissa Smith all my household and kitchen furniture after the death of her mother Abigail Smith to have and to hold the same as her own property.
5th After the death of my wife Abigail Smith my will is that all my personal property (not herein particularly named) be sold and the amount thereof equally divided between all my lawful heirs.
Sixth, and last, I will my mortal body to be buried at the discretion of Jarvis Smith and Caleb Smith whom I appoint sole executors of this my last will and testament hereby revoking all former wills by me made, In witness whereof I have hereunto set my hand and seal this 25th day of August and in the year of our Lord one thousand and eight hundred and thirty one and in the presence of who are subscribing witnesses.

Humphrey Smith (seal)
John Murray Alexander Wallace
Thomas Murray

The State of Indiana Orange County
Be it remembered that on the 19th day of August 1839, Jarvis Smith and Caleb Smith personally came before me Tho V. Thornton, Clerk of the Probate Court of the County of Orange and proved the execution of the last will and testament of Humphrey Smith, late of said county deceased, according to law, by the oath of Alexander Wallace and John Murray, two of the subscribing witness thereto.
Tho V Thornton, Clerk

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