Nathan Small Senior Will

Montgomery County Indiana

24 December 1850

I Nathan Small Senior of Montgomery County in the State of Indiana do make and publish this my last Will and Testament hereby revoking and making void all former wills by me at any time heretofore made.

First I direct that after my death that my body be decently interred and that my funeral be conducted in a
manner coresponding with the 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 wit:

I direct firest that all my just debts and funeral expensces be paid as soon after my death as possible by my sons George Small and Elium M C Small

I bequeath to my oldest daughter Martha Howell one dollar in cash
I bequeath to my second daughter Mary Edwards one dollar in cash
I bequeath to my third daughter Rachel Osborn one dollar in cash
I bequeath to my fourth daughter Sarah Fouts one dollar in cash
I bequeath to my fifth daughter Susanah Edwards on dollar in cash
I bequeath to my oldest son John Small one dollar in cash
I bequeath to my second son Jesse Small one dollar in cash
I bequeath to my third son Phinnas Small on dollar in cash
I bequeath to my fourth son Nathan Small on dollar in cash
I bequeath to my sixth daughter Mourning Hall on dollar in cash

I also request and desire that after my decease all of my property both real and personal should become the property of my two youngest sons George Small and Elium M C Small the personal property to be divided equil and share and share alike. The real estate to be divided as follows.

I bequeath to my son George Small the west three fourth of the East half of the south east quarter of section fifteen in township section north of range six west also ten acres of the east side of the west half of the south east quarter of section fifteen in township sixteen? north of range six west more or less

I further bequeath to my youngest son Elium M C Small the seventy acres of the west side of the west half of the south east quarter of section Fifteen in township nineteen north of range six west be the same more or less

I further request and order that after my death that my sons George Small and Elwin M C Small shall maintain my wife Rachel Small in as good manner as is suitable to her age and country in both cobables? weaing apperal and every thing necessary to make her comfortable. And the said George Small and Elium M C Small is not to dispose of the before mentioned real estate until after the death of my wife Rachel Small. In witness whereof I Nathan Small Senior the testator have hereunto set my hand and seal this twenty fourth day of December AD 1850

Nathan His Small (seal)
X
Mark

Signed sealed, published and declared by the above named Nathan Small Senior as his last will and testament in the presents of us who hereunto subscribe our names as witnesses thereto, in the presents of the said testator and in the presents of each other

John Earl
Nathan Small Jr.
Jesse L Mendenhall

State of Indana, Montgomery County IN

I Andrew P Lynn Clerk of the court of common pleas for said county do hereby certify that John Earl and Nathan Small Junior two of the witness being witness to the foregoing last will and testament of Nathan Small senior deceased and to which this is attached, this day appeared before me in vacation of said court and produced said will before me for probate and the said witnesses being by me duly sworn testified as follows,

To Wit: That they were personally acquainted with Nathan Small Senior the testator named in said will and that he had resided in Montgomery County in the state of Indiana for several years immediately preceeding his death and that he died in said county of Montgomery on (or about) the second day of December 1852. That they say said testator executed said Will ( by putting his mark thereto as the same affixed) and that they heard him declare and acknowledge the same to be his last will and testament that at the time of said testators executing said will he was of sound mind and memory and not under coercion or restrained and was of full age to devise his property namely of the age of 80 or 86 years as we believe that they subscribed their names to said Will as witnesses in the presence of said testator and in the presence of each other and that said Will has not been changed in any manner since it was executed as they do verily believe.
John Earl
Nathan Small Jr.

In testimony whereof I have hereto subscribed my name and affixed the seal of said court at office in Crawfordsville the said eleventh day of February ad 1853 Andrew Pl Lynn CCC to Montgomery County

I Andrew P Lynn Clerk of the court of common pleas for said county do hereby certify that the above and foregoing is a full true and complete record of the fore going Will and the proofs and examinations of the witnesses and attestetators from the original
Given under my hand at office in Crawfordsville this 11th day of February AD 1853
Andrew P Lynn

The foregoing Will proved and recorded February 11 1853 a true record. Attest Andrew P Lynn Clerk CC.