NOTE! At the time this will was made, Ohio County was still part of Dearborn County.
Transcribed and submitted by Richard Connell. Thank you Richard!
THE WILL OF JAMES STEWART, dated 21 May 1832, Probated 11 Nov 1833, Will Book 1, pp. 124-9, Dearborn County, Indiana.
IN THE NAME OF GOD, Amen. This twenty first day of May in the year of our lord one thousand eight hundred and thirty two, I, JAMES STEWART, Farmer, of the Township of Randolph, County of Dearborn and State of Indiana, Being weak of body but perfect in mind and memory, Thanks be to God for the same, therefore calling unto mind the mortality of my body and knowing that it is appointed for all men once to die, do make and ordain this, my last will and testament, hereby revoking all others heretofore by me made. That is to say, principally and first of all, I give and recommend my soul into the hands of Almighty God that gave it and my body, I recommend to the Earth to be buried in a decent Christian Burial at the discretion of my Executors nothing doubting but at the general resurrection I shall receive the same again by the mighty Power of God and as touching my worldly estate - I give demise and dispose of the same in the following manner and form.
1st I give and bequeath unto MARY STEWART my dearly beloved wife, my farm that I now live on in the above described Township, with all the appurtenances and privileges there unto belonging during her natural life and at the decease of the said Mary Stewart, after paying all the just demands against said estate, the said quarter section of land shall be sold for the Best price it may bring and the proceeds disposed of as follows, to wit,
To my son WILLIAM, I give and bequeath the sum of fifty dollars in addition to what he has of me already Rec'd, Also my son, JAMES TORRENCE STEWART, I give and bequeath the sum of twenty five dollars in addition to what he has Rec'd, and to my son, JOHN, I give and bequeath one hundred dollars, together with two lots in the Town of Rising Sun, in the Township aforesaid,
My Daughter, ANN McPHERSON, I give and bequeath the sum of twenty five dollars, also my Daughter, MARGARET McCABE, I give the sum of one hundred dollars, also my Daughter JANE BARRICKLOW, I give the sum of one hundred dollars, also my Daughter, MARY, I give the sum of one hundred and fifty dollars, together with a horse and two beds and bedding all which sum or sums of money - - shall be paid proportionable to each of my named children when the land shall be sold and the money collected and the overplus, if any, to be equally divided amongst all my children.
I do hereby appoint my two trusty friends, MATHIAS HAINES & SAMUEL JILLEY, to be my sole Executors of this, my last will and testament, revoking all others by me made.
As witness my hand and seal the day and date first above written.
JAMES STEWART ( Seal )
Sealed, signed and delivered in the presence of
William Lewis, Samuel Jilley
State of Indiana }
Dearborn County }
Before me, Alexander U. Dill, Deputy Clerk for James Dill, Clerk of the Dearborn Circuit Court, personally came SAMUEL JILLEY, one of the subscribing witnesses to the foregoing last will and testament of James Stewart, deceased, and being duly sworn, declares and swears that he signed the foregoing last will and testament of James Stewart as a witness, in the presence of the Testator and in the presence of William Lewis, the other subscribing witness, and at the request of the Testator, the same having been signed, sealed and published by the Testator as his last will and testament and he the said Testator being there, to wit: 25th day of May 1832, of sound mind and disposing memory, as this deponent verily believes.
Samuel Jilley
Sworn to and subscribed 11th day of October 1833. Before me.
Alex- U. Dill, Deputy Clk.
Also personally appeared in Court at the November Term, 1833, at the Probate Court before John Livingston, Probate Judge of said court in and for Dearborn County, WILLIAM LEWIS, one of the Subscribing Witnesses to the foregoing last will and testament of James Stewart, dec'd, and being duly sworn declares and swears that he signed the foregoing last will and testament of James Stewart as a witness in the presence of the Testator and in the presence of Samuel Jilley, the other subscribing witness, and at the request of the Testator, the same having been signed, sealed and published by the Testator as his last will and testament, and he the said Testator being then to wit: on the 25th day of May 1832, of sound mind and disposing memory as this deponant verily believes.
Wm Lewis
Sworn to in open court 11th day of November 1833.
James Dill, Clk.
The foregoing last will and testament of JAMES STEWART was proven and admitted to record at the request of Haines and Jilley, Executors therein named. 11th day of November 1833
James Dill, Clerk
[Transcribed by Richard A. Connell, 20 Sep 2001] Note: Name may be Jilly or Jelly.
[Some names capitalized and some punctuation added for clarity for the reader.]