Monday, March 7, 2011

Will of James M SHEPHERD

I James M Shepherd of Ohio County Indiana do make this my last will and Testament, as follows.
1. I give devise and bequeath to my beloved wife Jane Shepherd all my property, Real and personal during her natural life, except that she is to allow my daughter Ann to reside in a part of the house with her, and have a garden spot, and some ground to cultivate if she shall desire it, and pasture for a cow, and except that such of my personal property as my wife may not want to keep shall be sold, and the money if not needed for immediate use shall be loaned by my executor and the interest and any or all of the principal shall be paid to my said wife at any time when she may need the same to make her comfortable, and I direct that if the rents of my Lands & said moneys shall not be sufficient to support my said wife that enough of my lands shall be sold to provide her a sufficient support.
2. After the decease of my wife I give devise & bequeath the remainder of my Real Estate in fee Simple as follows Towit:: Of the tract where I reside I give to Ursula Bovard 53 acres, commencing at a corner stone opposite Jacob Shular, then E 53 rods, to a Stone, thence S to the County line, thence W 53 rods to a corner, thence North to the place of beginning.
To Ann Gibbens I give the following Part of said tract beginning at the N E corner of the last named Tract thence E 52 rods, thence S. to the County line, thence west to said first named tract thence N to the place of beginning.
To Jane Griswold I give & devise the residue of said tract.
To Elwood Bovard, George Griswold, Shepherd T Gibbens, Coleman Bovard, James S Griswold, Everett Gibbens, Olive Bovard & Jane Gibbens, I give after the decease of my wife the other tract of Land owned by me containing 80 acres which adjoins the residence of James Gibbens.
I appoint Isaac Bovard Executor of this my will.
Witness my hand this 5 day of June 1860.
attest James M [his x mark] Shepherd
A. C. Downey
James McHenry
The State of Indiana, Ohio County Sct.
I Alexander C Downey one of the subscribing witnesses to the foregoing will of James M Shepherd deceased do swear that I was present at the time said deceased signed said will by his mark, that I saw said deceased subscribe his name to said will by making his mark, that I and James McHenry the other subscribing witness to said will did in presence of said deceased subscribe our names as witnesses to said will. That said decedent at the time of signing said will was competent to devise his property and not under coercion and further I say not.
A. C. Downey
Before me the Clerk of the Common Pleas of said County this 8th day of June 1860, personally came the above named Alexander C Downey, who subscribed and swore to the above affidavit before me according to Law.

Ohio county, Indiana, Will records, volume 2, page 84-85, Will of James M Shepherd; FHL microfilm 1311846.

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