Franklin County IN Archives Wills.....Webb, James December 7, 1857
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File contributed for use in USGenWeb Archives by:
Mike Webb rckid6366@comcast.net September 1, 2006, 10:09 pm

Source: Franklin County, Indiana
Written: December 7, 1857

James Webb Last Will   }                               Probate of Will
And Testament          }
                                                                   Be it 
remembered that on the 7th day of December AD 1857, the last will and testament 
of James Webb was admitted to Probate by the Clerk of the Court of Commons 
Pleas of the County of Franklin in the state of Indiana, in the words and 
figures following to wit:
                                                                                
                  I James Webb of the County of Franklin and state of Indiana 
do make and publish this my last will and testament revoking and making void 
all former wills by me at time heretofore made.
  First I direct that my body be decently intered and that my funeral be 
conducted in a manner corresponding with my estate and situation in life, and 
as to such worldly estate as it has pleased God to entrust me with I dispose of 
the same in the following manner to Wit: First I will and bequeath to my 
beloved wife Elizabeth all my estate of which I die seized both Real and 
personal during her natural life, and my said wife Elizabeth may dispose of 
enough of my personal property to pay my debts if any any may be outstanding . 
I also will and bequeath to my beloved Son Benjamin Franklin Webb three hundred 
dollars in consideration of his taking care of myself and his Mother during our 
natural lifetime. I further will that in the event I deed my beloved wife 
should die in less than five years from the date of this instrument then and in 
that case the last mentioned bequest being to my son Benjamin F Webb shall only 
be two hundred dollars.
  I further will that will that at the death of beloved wife my executors 
herein after appointed shall proceed all my estate both real and personal them 
remaining and after pay all claims against said estate expenses of 
administration then divide the whole amount equally among all my children and 
in case any of them have died leaving child or children said child or children 
shall receive its or their parents share. I further will that the heirs of my 
beloved son Jacob shall receive their parents portion in the order: Indiana 
Webb shall receive one half of the amount the other half to be equally divided 
between the other two. And I hereby appoint make and ordain my beloved sons 
John Webb and Austin Webb executors of this my last will and testament. In 
witness whereof I James Webb the testator have here unto my hand and seal this 
eighteenth day December 1857
                                                                                
                 James Webb {seal}

Signed, Sealed, published and declared by the above named James Webb as his 
last will and testament in the presence of us who have hereunto Subscribe our 
names as witnesses thereto in the presence of the said testator and in the 
presence of each other
                                                                                
                   } John Smith
                                                                                
       Witnesses   } David Slaughter
The State of Indiana Franklin County {ss} Be it remembered that on this 7th day 
of December AD 1857 personally appeared before John M Johnston Clerk of the 
Court of Common pleas for the County aforesaid, David Slaughter one of the 
subscribing witnesses to the last will and testament in writing of James Webb 
late of Franklin (County) state of Indiana deceased now produced and offered 
for Probate before me said Clerk(in Vacation) by John Webb interested in said 
will, and the said David Slaughter being duly Sworn to testify the truth the 
whole truth and nothing but truth deposeth and saith that the said James Webb 
deceased the said testator signed and sealed the said will in his presence and 
in the presence oh John Smith the other subscribing witness thereto that he and 
the said John Smith attested and subscribed the said will as Witnesses  thereto 
in the presence of the said James Webb and in the presence of each other that 
the said testator published and declared the same to be his true last will and 
testament in their presence and hearing and that the said testator at the time 
of executing his said will was of legal age to devise this property of sound 
mind and memory and not under coercion or restraint  
                                                                                
                    David Slaughter
Sworn and Subscribed to before me this 7th day of December AD 1857

{SS} In testimony whereof I have hereinto set my
         hand and Affixed the seal of said Court this
        7th day of December AD 1857    John M Johnston   {Clerk}

State of Indiana    } SS
Franklin County   } 
                                       I John M Johnston Clk of the Court of 
Commons Pleas for said County , do hereby certify that the foregoing is a full 
and complete record of the last will of James Webb late of said County of 
Franklin deceased, And of the proof and examination of David Slaughter one, of 
the Subscribing Witnesses to said will Witness my hand this 7th day of December 
AD 1857
                                                                                
                John M Johnston  Clk
                                  
 

  


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