|
I Charles C. Baily of Fountain County in the State of Indiana, do make and publish this my last Will and testament, hereby revoking and making and all former Wills by me at any time hereunto made.
First I direct that my body be decently interred and that my funeral be conducted in a manner corresponding with my estate, and situation in life, and as in such worldly estate as it has pleased God to entrust me with I dispose of the same in the following manner.
Second I direct that all my funeral expenses and just debts be paid as soon after my demise as possible out of the first money that shall come to my executor, from the hands of my executors, from any portion of my estate Real or personal.
Third I will and bequeath to my dear wife Susan A. Baily all the personal property that the law allows her, and all my real estate that remains after my just debts is paid. During her natural lifetime or as long as the remains may endure. Remains as a home for her and my minor heirs, but in case of the death or Mama (?) first to remain as a home for my minor children until they become of age.
Fourth, I will that my minor heirs be set off by my Executor as my former heir was at the time of their marriage and after the death of my wife if the heirs has all become of age I wish my Executor to expire my real estate at public or private sale as they may think best and dispose of the proceeds in the following manner towit:
I will and bequeath my daughter Sarah E. Baily three hundred dollars over and above the balance of my heir and thereto share equal with the balance of my heirs: towit: John M. Baily, Robert S. Baily, Martha Voorhees, Cynthia E. Cooper, Hiram I. Baily, Barsheba E. Baily; and my three Grandchildren (?) one share towit:: Luella A. Baily, Synthia E. Baily. John R. Baily and I hereby make and ordain John M Baily and Robert I Baily my Executors of this my last will and testament.
In witness Charles C. Baily.
The testator have hereunto set my hand and seal this eighth day of August 1870.
Charles C. Baily seal
Signed sealed published and declared by the above named Charles C. Baily as his last will and testament in the presence of us who have hereunto subscribed our names as witnesses thereunto in the presence of said (?) and in the presence of each other.
Isaac Myers
J.S. Mendenhall
Fountain Co.
Be it remembered, that on the 7th day of September 1870, Isaac Myers, one of the subscribing, witness to the (?) and foregoing last will and testament of Charles C. Baily, late of said county, deceased, personally appeared before the undersigned Clerk of the Court of Common pleas of Fountain Co., in the state if Indiana, and being duly summoned, by the clerk of the said court, upon his oath declared and testified as follows towit:
That on the eighth day of August 1870, he saw the said Charles C. Baily sign his name to said instrument in (?) as and for his last will and testament and that this department at the same time heard the said Charles Baily declare the said instrument be his last will and testament, and that the said instrument was at the same time and at the request of said Charles C. Baily, and with his consent, attested and subscribed by the said Isaac Myers and Jesse S. Mendenhall in the presence of the said testaters and in the presence of each other as subscribing witnesses thereto: and that the said Charles C. Baily was at the time of the signing and subscribing of the said instrument as aforesaid more than twenty-one years of age and sound and disposing mind and memory and not under any coercion or restraint, as the said department verily believe and further department says not.
Isaac Myers
Sum. to and subscribed by the said Isaac Myers be fort the clerk of said court of common pleas this 7th day of September 1870 In attestic when I have hereunto set my hand and affixed the seal of said court
W.D.Kenduk
|
