John Meriwether Last Will & Testament  [TMSI #5731]

-- I John Meriwether of Floyd County and State of Indiana
do make and publish this my last Will and testament revoking
and making void all former Wills by me at any time heretofore
made. First, I direct that my body be decently interred and
that my funeral be conducted in a manner corresponding
with my estate and condition in life, and a 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 have given my children
sundries of property as follows. To my son James P. Merriwether
fifty acres of land worth Five hundred dollars, to my son John
M. Meriwether fifty acres of land worth Four hundred dollars
and whereas I purchased of said John M. Merriweather a tract
of land adjoining Morrisville containing 80 acres of land and
have bargained with Walter Moore for 43 acres, the balance of
said land comprising 37 acres I give to Cynthia Merriwether
(in consequence of her relinquishing of her right of dower to the
said Walter Moore ) for her benefit and to revert to her heirs
after her decease. To my daughter Ann Louisa Corneilison one
hundred ^ ["and thirty" inserted above] dollars. to my daughter E. P. Scott twenty acres of land
worth one hundred and sixty dollars, to my daughter Sarah
Hand, fifty five acres of land, valued at four hundred dollars
including the dwelling house wherein I now reside and the balance
of the land I now live on Thomas Hand (husband of my daughter
Sarah can or shall have by paying the sum of Three Hundred dollars
within twelve months from the time of purchase, and in case of
his refusal to purchase it shall be sold and the purchase di
vided as directed heretofore. I give to Caroline Smith my daughter
the sum of Two hundred dollars to paid [sic] out of the sale of the

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remaining thirty acres of land. I leave the residue of my prop-
erty both real and personal to be sold at public auction
by my Executors for ready case, or on a short credit by the
purchaser or purchasers securing the payment in a lawful
manner, and so much of the produce of said sale as may
be required shall be applied to the payment of my debts,
and the residue of the produce of said sale (if any) as
soon as it comes into the hands of my Executors shall be equ-
ally divided among my legatees share and share alike agr-
eeably to what they have previously received. In consequence
of the death of my daughter, Ann Burton, I leave her
part of said moneys to be paid to her children with
such interest as may be received when her children become
of age or marry. I further will that one quarter of an
acres of land be Kept by my family as a burying place
to include the graves now made which grave yard or
burying place shall be sacredly kept as such and by
no means or under any circumstances whatever be cultivated
or tilled by any person or persons whatever. And lastly
I wish the Probate Court to appoint an Administrator of
this my last Will and testament. In witness whereof
I have hereto set my hand and seal the 21st day of April
in the year of our Lord 1847. ------ Jno. Meriwether (seal)

Signed, sealed, published, and declared by the
above named John Merriwether to be his last will and
testament in the presence of us who at his request and
in his presence have hereto subscribed our names as witnesses
to the same.

Jacob T. Smith
William Y. Rice

State of Indiana
Floyd County SS
Before me the clerk of the Court of Common
Pleas of said county, at the Clerk's office therein this day
James P. Merriwether one of the legatees named therein produced
the following instrument in writing as the last will and testament
of John Merriwether late of Floyd County, deceased and therupon,
also before me came Jacob T. Smith, William Y. Rice who
being by me first duly sworn to tell the truth, the whole
truth and nothing but the truth, on their said oaths sev-
erally say. 1st That they are the subscribing witnesses to the
said Will of John Merriwether and that said attestation thereof
in in their respective hand writings. 2.d That said instrument
in writing was signed by the said testator in their presence and
they attested it in his presence and in the presence of each other.
3d That the said testator in their presence and at the time
of the signing and their attesting said will declared the same

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to be his last will and testament, and requested them to attest
it as such, and that at the time of attesting the same, they
believe he was of sound and disposing mind and memory
that he was fully competent to dispose of his property by will
and under no coercion or restraint whatever, and further they say not.

-------------- Jacob T. Smith
-------------- William Y. Rice

Subscribed and sworn to before me this 30thday of January
1854, in testimony whereof I have hereto set my hand and
attached the seal of said court ----- L. P. Town clk

-------Floyd County Court Common Pleas
L. S.------By R. M Weir Depy

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Meriwether Records