MARION COUNTY INDIANA WILL BOOK--D,pp 387-390 WILL OF DANIEL MOORE—1869 I Daniel Moore of the County of Marion and State of Indiana being in ordinary good health and of sound disposing mind and memory do make public and declare this my last Will and testament as follows towit; Item 1st- I will and direct that all my just debts shall be paid as soon after my death as possible out of my personal estate. Item 2d- I will devise and bequeath unto my beloved wife Lucy(Grubbs)Moore all my estate both real and personal to be held used and enjoyed by her for and during her natural life subject to the payment of my just debts which I direct that she shall pay out of my personal estate; and to enable her so to do. I hereby empower and authorize her to sell such portion of my personal property either at public or private sale as she shall deem best as shall be necessary for that purpose. Item 3d- I give, devise and bequeath unto my grandson, Reuben G. Moore, the sum of Seventeen hundred dollars, to be paid to him by my executor as herein after provided, which sum ??? the sum of Eight hundred dollars which I have already advanced to him is all that he is to have of my estate. Item 4th- I will, devise and bequeath unto my grandson, John Moore, the sum of Four hundred dollars, to be paid to him as hereinafter provided. Item 5th- I will, devise and bequeath unto my niece Lucy Ann Mann(widow of John J. Mann-deceased) the sum of Two hundred dollars(having heretofore advanced to her one hundred dollars) Item 6th- To my grandson William J. Moore I give devise and bequeath the sum of One hundred dollars. Item 7th- All the rest and residue of my estate remaining at the death of my said wife Lucy Moore, should she survive me; otherwise at my death, after paying my debts, the legacies aforesaid and the support of my said wife. I will, devise and bequeath as follows: One half thereof to my son Thomas E. Moore, and in case of his death then to his heirs, and the other half to the heirs of my deceased daughter, Sally Ann Merryman, to be equally divided between such of them as shall at the time be living and the heirs of such as shall be dead the heirs of any one dead to take the share only which their deceased parent would have taken if living. Item 8th- All the legacies herein above stated are to be paid by my executor hereinafter named, as soon after the death of my said wife Lucy should she survive me-otherwise as soon after my death as same can be realized from the sale of my estate real and personal. Item 9th- I hereby nominate, constitute and appoint my son, Thomas E. Moore executor of this, my last will and testament, and to enable him to carry out the provisions of this my will. I hereby authorize and empower him, as such executor after the death of my said wife Lucy Moore, should she survive me, otherwise at my death, to sell at public or private sale as he shall deem best, such of my personal property as shall there be remaining and any and all my real estate, either for cash down, or upon such reasonable credit as he shall deem best and to make, execute, sign seal, acknowledge and deliver to the purchases or purchasers of such real estate proper deed or deeds in fee simple to the lands thus sold. And I hereby further empower and authorize my said executor to do and perform any and all other acts whatsoever shall be necessary to the full adjustment and settlement of my estate. Item 10th- Should my said executor fail or refuse to gratify and execute this will or shall not be in life at the time, it shall be proper and necessary to execute the same or in case he shall gratify and shall afterwards, and before fully executing the same, die, resign, or otherwise cease to execute said will then and in that case, I hereby authorize and empower an administrator with this will annexed, to be appointed by the Court having Probate jurisdiction of the same, to do and perform all and whatsover my said executor is empowered, and authorized to do as herein above stated. Item 11th- I hereby revoke and declare void any and all wills by me heretofore made. In witness whereof I have hereunto set my hand and seal in the presence of David S. Beaty and Robert B. Duncan whom I request to attest the same as witnesses thereto, this 20th day of April A.D. 1867. Daniel Moore-Seal Codicil to Daniel Moore's Will-1868 ----------------------------------------------------------------------------- CODICIL I Daniel Moore, the testator named in the foregoing last will and testament, do hereby make the following Codicil to my said last will and testament, towit: My grandson, William J. Moore, to whom in item 6 of said will I devised and bequeathed one hundred dollars, having died intestate and without issue. I hereby devise and bequeath the one hundred dollars so bequeathed to him as follows towit; one third part thereof to my son Thomas E. Moore, one third part thereof to the heirs of my deceased daughter Sally Ann Merryman, and the remaining one third thereof to my grandson Reuben G. Moore. In witness whereof I hereunto set my hand and seal this first day of April 1868. Daniel Moore—Seal The foregoing Codicil was executed signed, sealed and declared by the maker thereof, Daniel Moore to be his codicil request and in his presence and in the presence of each other we attest and subscribe the same as witnesses thereto this April 1,1868. Robert B. Duncan Napoleon B. Taylor ------------------------------------------------------------------------- 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 Eileen Coppola