Knox-Daviess County IN Archives Wills.....Horrall, Darius A. January 20, 1897 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/in/infiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Andrea Dougan douganquad@aol.com January 21, 2006, 5:31 pm Source: Darius Horrall Civil War Pension File Written: January 20, 1897 Recorded: March 2, 1897 LAST WILL AND TESTAMENT OF DARIUS A. HORRALL Know all men by these presents that I, Darius A. Horrall, of Knox County, Indiana, being of sound and disposing memory and mind do hereby make and publish this my last WILL and TESTAMENT. ITEM 1 - I hereby revoke any and all former WILLS by me at any time made. ITEM 2 - It is my will that as soon after my death as may be found practicable that all my just debts and funeral expense shall be paid but it is my desire and I hereby request of my beloved wife and my children except Cillar Kimmons that none of my real estate shall be sold for the purpose of paying my debts, but that they shall assume my indebtedness and pay the same, if any shall exist after disposing of my personal property. ITEM 3 - I will devise and bequeath to my beloved daughter Cillar Kimmons for her natural life thirty (30) acres of land to be taken off of the east end of the south half of the north west quarter of section eight (8) in Township one (I) north range ten west in Knox County, Indiana said thirty (30) acre tract to be of even width across said east end of said above described tract. I will devise and bequeath the fee simple of said above described thirty (30) acre tract to the children of my said daughter Cillar Kimmons subject to the life estate of said Cillar Kimmons. And the land hereby willed devised and bequeathed to my beloved daughter Cillar Kimmons for life and to her children in fee simple at her death, is to be free from any and all my indebtedness of whatever character. ITEM 4 - I will devise and bequeath to my beloved wife Rebecca Horrall in fee simple the one third value of all my real estate, except that devised to Cillar Kimmons and her children in ITEM 3 (three) hereof and the one third of my personal property, after my just debts shall have been paid, and it is my will and desire that my said wife shall have set off to her the one third in value of my said realty so as to include the homestead where I now live but not to infringe or encroach upon the land hereinbefore devised to my daughter Cillar Kimmons and her children. And it is my will that my said wife shall assume and pay the one third of my indebtedness if any shall exist after applying my personal property to the payment thereof. ITEM 5 - I will devise and bequeath to my beloved children James Horrall, Abner Horrall, Cleaver Horrall, Charlotte Purcell and Zettie Horrall all the rest and residue of my estate both real and personal, in fee simple. And I will and direct that each and all of them shall assume and pay their prorated share of my indebtedness if any shall exist after applying thereto my personal property. ITEM 6 - I hereby request that my son Abner Horrall shall by appointed Guardian of my minor daughter Zettie Horrall and ask him to so manage her estate as to pay off the prorated share of my indebtedness if any shall exist that may attach to her real estate, without having recourse to the sale of her land. ITEM 7 - I hereby nominate and appoint my son James Horrall as the Executor of this my last will and testament. ITEM 8 - It is my desire and I direct that the real estate to which my children James Horrall, Abner Horrall, Cleaver Horrall and Charlotte Purcell shall be entitled under the terms of this instrument shall be so set off to them as to include the homes where they now each reside. IN WITNESS WHEREOF - I have hereunto set my hand this 20th day of January 1897. Darius A. Horrall WITNESSES N.F. Knight Royse Davis, M.D. This is to certify that we the undersigned witnessed the said Darius A. Horrall sign the above and foregoing instrument as and for his last WILL and TESTAMENT at his request and that we have signed the same as witnesses at his request in his presence and in the presence of each other. WITNESS our hands this 20th day of January 1897. N.F. Knight Royse Davis M.D. STATE OF INDIANA SS KNOX COUNTY I James F. Lewis, Clerk of the Knox Circuit Court in and for the above County and State do hereby certify that the above and foregoing is a true and complete copy of the last WILL and TESTAMENT of Darius A. Horrall and that the same was probated in the above County on the second day of March in the year of 1897. WITNESS my hand and the SEAL of said Court this 27th day of May in the year 1902 James F. Lewis Clerk File at: http://files.usgwarchives.net/in/knox/wills/horrall2gwl.txt This file has been created by a form at http://www.genrecords.org/infiles/ File size: 5.3 Kb