Friday, March 4, 2011

Will of Benjamin F POTTER

Last Will and Testament of Benjamin Potter Decd
State of Indiana Switzerland County Sct.
Be it remembered that among the Records of the Switzerland Court of Common Pleas is to be found the following:
At a Term of said Court begun and held at the Court House in Vevay in said County and State aforesaid on the first Monday in April A.D. 1859 – and in the third Judicial day thereof the same being the 6th Day of April A.D. 1859 and before the Honorable John J. Hayden sole Judge of Said Court the following proceedings were had Viz:
In the matter of the
Estate of George Gates Deceased Proof of Will.
Now comes John Gates and Harvey Littlefield Esq the Custodian of the Last Will and Testament of Benjamin Potter late of the County of Switzerland and State of Indiana deceased, and files in Open Court the said Last Will and Testament, and proved to the satisfaction of the Court the due and legal execution thereof, he being one of the subscribing witnesses thereto and being sworn said Harvey Littlefield testified that he saw said Benjamin Potter sign and seal said seal Will – That he signed the same in his presence and in the presence of Isaac H Littlefield the other subscribing witness thereto, that they signed the same in his presence and in the presence of each other, and at his request that he acknowledged the execution thereof in their presence – and that he was of full age to devise his property, of sound mind and memory, and not under coercion or restraint.
It is therefore ordered by the Court that said will be admitted to probate, and order that the Clerk record the same, together with the proof thereof in the proper Record – and the same reads as follows – Viz:
State of Indiana Switzerland County, Sct.
I Oliver Ormsby clerk of the Switzerland Court of Common Pleas hereby certify that the foregoing is a true copy of the proceedings had in said Court, in the matter of the probate of the annexed will
Witnesss my hand and seal of said Court at Vevay this 15th day of April A.D. 1859. Oliver Ormsby. Clerk S. C.C.P.
In the name of the Benevolent Father of all:
I Benjamin Potter of Switzerland County in the State of Indiana do make and publish this my last Will and Testament.
Item 1st. I give and devise to my beloved wife in lieu of her interest in my lands, the farm on which we now reside, situate in Switzerland County, in the State of Indiana. It being a part of the South East quarter of Section Thrity-three (33) in Town 3 of Range 2 West; And a part of the South West quarter of Section Number Thirty three of Range Two (2) of Town three West, supposed to contain Eighty acres of land – (and for a more particular description see Deeds given by William Austin and Eleakem Wilson and wives to me-) during her natural life; and all the stock, Household goods, furniture, provisions, and other goods which may be therein; at the time of my disease, during her natural life as aforesaid –
At the death of my said wife, the Real Estate aforesaid, I give and devise to my Son Silas R. Potter, and his Heirs forever.
Item 2nd. I devise and bequeath to my daughter Elizabeth Bascom, Two Hundred Dollars.
Item 4th. I give and devise to the Heir of David Potter – Obid Potter – Fifty Dollars.
Item 3d I give and devise to my Daughter Rachel Armstrong Two Hundred Dollars.
Item 5th I give and devise to the Heir of Benjamin Potter – William Potter – Fifty Dollars.
Item 6th I give and devise to the Heir of Lucinda Smith – Ruth Smith – Fifty Dollars.
Item 7th At the death of my said wife I give and bequeath to Charlotte Scott, all the Household goods and furniture aforesaid and one cow.
Item 8th I also will that said Silas R. Potter, shall pay within two years after the decease of my said wife or came to be paid to said Elizabeth Bascom, Rachael Armstrong, Ovid Potter, William Potter, and Ruth Smith, said sums aforesaid given to each, amounting in all to Five Hundred and Fifty Dollars.
Item. I do hereby nominate and appoint Silas R. Potter Executor of this my last Will and Testament, hereby authorizing and empowering him to compromise, adjust release and discharge, in such manner, as he may deem proper, the debts and claims due me. I do also authorize and empower him, Should it become necessary, in order to pay my debts, to sell by private sale, or in such manner, upon such terms of credit or otherwise, as he may think proper all, or any part of my personal property, which is not included in the decree to my said wife or Charlotte Scott.
I do hereby revoke all former wills by me made-
In testimony whereof I have hereunto set my hand and seal this twenty fourth day of December in the year 1858.
Benjamin Potter {seal}
Signed and acknowledged by said Benjamin Potter as his Last Will and Testament in our presence and signed by us in his presence
Harvey Littlefield
Isaac Littlefield
State of Indiana
Switzerland County } Sct.
I Oliver Ormsby Clerk of the Switzerland Court of Common Pleas, hereby certify the foregoing to be a true copy of the Last Will and Testament of said Benjamin Potter late of said County deceased – as taken from the Original Will now on file in my office – as also of the proceedings had in said Courth in admitting the said Will to Probate, and endorsed therein.
Witness my hand this 15th day of April A.D. 1859.
Oliver Ormsby
Clerk S.C.C.P

Switzerland county, Indiana, Will Records, Circuit Court, volume 2, page 200-203, Will of Benjamin Potter; FHL microfilm 1310446.

No comments:

Post a Comment