Grant County Indiana Last Will and Testament of John J. McClain I John J. McClain of Grant County, State of Indiana considering the uncertainty of this frail and transitory life and being of sound mind and memory declare this my last Will & Testament. 1st It is my wish that all my honest debts shall be paid at the time of my decease the residue of my property both real & personal I bequeath as follows, to wit: 2nd I empower and authorize my executors to expend out of my estate before any distribution is made to expend one hundred dollars for tombstones for my grave for head and foot I also wish them to expend one hundred and fifty dollars as follows: I want a good brick vault to be built around my coffin then to be covered with two inch Oak Plank before the earth is throwed in the grave. I then wish my executors to have built around my grave a good stone wall not less than two feet high above the surface of good Cut Stone to be laid in good cement with good cut copeing stone, the foundation not to be less than 18 inches deep in the ground. 3rd I will and bequeath to Mary Jane Boal an equal share with my brothers and sisters - she not being a legal heir to inherit. I will to Harriett Lewellen my sister fifty dollars more than any of my brothers and sisters to be paid out of my estate before distribution is made. I then bequeath the balance of my property both real & personal to be equally divided with the following named heirs to wit; Mary Jane Boal recognized as heir, Rachel Jordan, Nancy Silbaugh, Wm. McClain, he being dead, his heirs to inherit his share; Sarah Jordan, James McClain, Harriet Lewellen, Susan Kelley, Elisabeth M. Hannah, Elizah Jane Hannah, she being dead, her heirs to inherit her share; Thomas O. McClain, Sophia Mendinghall. I will and bequeath to my father, John McClain five dollars to be out of my estate. I appoint James Kelly & John B. Hannah my executors of this my Last Will and Testament and empower them as full as I could to settle my estate, sell my real estate & Personal Property and pay out the collected according to the provisions of my will. In testimony I have hereunto set my hand and seal this 5th day of May 1868. John J. McClain (Seal) Signed by us in his presence and him in our presence Attest W.D. Westerfield David Hannah The State of Indiana Grant County Be it remembered, that on the 7th day of July 1868 Wm. D. Westerfield one of the subscribing witnesses to the within and foregoing last Will and Testament of John J. McClain late of said county deceased personally appeared before Jos. Morrow a clerk of the Court of Common Pleas of Grant County in the State of Indiana and being duly sworn by the clerk of said Court upon his oath declared and testified as follows, that is to say; that on the 5th day of May 1868 he saw the said John J. McClain sign his name to said instrument in writing as and for his Last Will and Testament and that this deponent at the same time heard the said John J. McClain declare the said instrument in writing to be his last will and testament, and that the said instrument in writing was at the same time at the request of the said John J. McClain and with his consent attested and subscribed by the said Wm. D. Westerfield and David Hannah in the presence of the said Testator and in the presence of each other as subscribing witnesses thereto, and that the said John J. McClain was at the time of the signing and subscribing of the said instrument in writing as aforesaid of full age (that is more than 21 years of age) and of sound mind and memory and not under any coercion or restraint as the said deponent verily believes, and further deponent says not. W.D. Westerfield Sworn and subscribed by the said Wm. D. Westerfield before me Jos. Morrow Clerk of said court at Marion the 7th day of July 1868. In attestation whereof, I have hereunto subscribed my name and affixed the seal of said court. Jos. Morrow CCK. The State of Indiana Grant County I Jos. Morrow Clerk of the Court of Common Pleas of Grant County, Ind. do hereby certify that the within annexed last Will and Testament of John J. McClain has been duly admitted to probate, and duly proved by the testimony of Wm. D. Westerfield one of the subscribing witnesses thereto, that a complete record of said will, and of the testimony of the said Wm. D. Westerfield in proof thereof has been by me duly made and recorded in Book No. 1 pages 311, 312, 313 of the records of Wills of said County. In attestation whereof I have hereunto subscribed my name and affixed the seal of said court at Marion this 7th day of July 1868. Jos. Morrow Clerk Court of C. Pleas Grant County ------------------------------------------------------------------------- USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. ------------------------------------------------------------------------ File contributed for use in USGenWeb Archives by Sheila D. Watson (© 1998 Sheila D. Watson)