Transcribed and submitted by Kimberly Fuentes. Thank you Kimberly!
January the 24th 1855
Now I Joseph P. Brush feeling very weak and frail in body but strong as usual in mind and under existing circumstances know the uncertainty of life and the certainty of death, do now make my last will and testament as follows towit.
First - I wish to be buried in a plain and decent manner in accordance with my former way of life.
And second - I want all my debts to be paid out of my Personal Estate.
And then I want my wife Elizabeth Brush to have the control of all my Real and Personal Estate as long as she may live, and at her death then I want all that is left of my Real and Personal Estate to go to my two youngest sons Jared L. Brush & Enos J. Brush, that I want the South fork creek that runs through my Real Estate to be the dividing line between or in dividing my land and that I want my youngest son Enos J. Brush to have the part of the tract of land that is on the east side of the above described land of mine and my son Jared L. Brush to have the part that lies on the west side of said creek above named.
In witness whereof I have hereunto set my hand and Seal this 24th day of January 1855.
Joseph P. Brush
Signed in presence of
Joseph T. Brush
John Meyers
State of Indiana Ohio County
Personally appeared before me a Justice of the Peace in and for said County, Joseph P. Brush the person named in the foregoing will, and I am well acquainted with him the said Brush, and that he signed the above for the uses and purposes therein mentioned.
This 24th day of January 1855
John Meyers, Justice
The State of Indiana Ohio County
Be it known that on the 25th day of September 1856 Joseph T. Brush of lawful age, & one of the subscribing witnesses to the foregoing will of Joseph P. Brush deceased, came personally before me the clerk of the Court of Common Pleas of said County, who being by me duly sworn deposeth and saith that he was present at the time said deceased signed said Will which was done by him said deceased in presence of this deponent and in presence of John Meyers the other subscribing witness to said Will. that this deponant did in the presence of said deceased and at his request and in presence of said Meyers the other subscribing witness to said Will, subscribe his name as a witness to said Will, that he the said deceased at the time he signed his said Will on the 24th day of January 1855 in presence of said deponent & said Myers, was of lawful age to devise his property of sound mind & memory and not under any coersion or restraint whatever. And said Testor declared said will to be his last Will & Testament. And further saith not. Joseph T. Brush
Subcribed & sworn to before me this 25th day of
September 1856.
In Testimony whereof I have hereunto
subscribed my name and affixed the
Seal of said Court at Rising Sun this 25th
day of September 1856
John R. Ross Clk
The State of Indiana Ohio County
I John R. Ross Clerk of the Court of Common Pleas of said County do certify the foregoing to be a full record of the last Will and Testament of Joseph P. Brush deceased and of the proof and attestation thereof
Given under my hand this 26th day of September 1856.
John R. Ross Clk