Marion County Indiana , will William Holmes, Last Will and Testament (Book C, pg 100, Marion County IN Wills) I, William Holmes of Marion County in the State of Indiana, being at this time in ordinary health and of sound, disposing mind and memory to make ordain, publish and declare this writing to be my last will and testament, hereby revoking and making void any former wills by me made. Item 1 - I will and direct that all my just debts and funeral expenses be paid by my executor as soon after my death as possible out of the first money that shall come into his hands from my personal estate. Item 23 - All my estate real and personal remaining after the payment of my debts and funeral expenses as above provided, I will, devise and bequeath unto my beloved wife, Elizabeth Holmes, to be by her held used, possessed and enjoyed for and during her natural life, full power and authority being hereby given to her to sell at any time and at her pleasure any part of such personal property or the increase thereof, and to use the proceeds of such sale, together with any moneys, which may come into her hands for her support and the support of my daughter, Sarah Holmes. This provision in favor of Sarah to extend while she remains unmarried. Should my wife survive me until she marries otherwise to terminate at the death of my wife. Item 3 - At the death of my said wife (should she survive me, otherwise at my death) I will, devise and direct that all my estate, both real and personal, which shall then be remaining together with the increase thereof, shall be equally divided between my children, namely: my sons, John Holmes, Jonathan L. Holmes, William C. Holmes, Ira N. Holmes, Uriah Holmes, and Noah Holmes, and my daughters, Mary Lyons, wife of Nathaniel Lyons, Sarah Holmes and Elizabeth Johnson, wife of John Johnson and my grandchildren, Marion Harris and Martha Ellen Harris, children of my deceased daughter, Martha Harris, said Marion and Martha Ellen to have the share which their mother would have received if living in an equal division of my estate amongst my heirs. My said children and grandchildren to have, hold, possess and enjoy the estate so bequeathed to them respectively as aforesaid, to them and their heirs and assigns in fee simple, subject only to the conditions and limitations hereinafter set forth. Item 4 - At the dead of my said wife (or in case I survive her, then at my death) I direct that my executor sell at public auction all my personal estate then remaining with the increase thereof in the manner provided by law at such time for the sale of personal estate of inestates and after converting the same into money, to divide the same between my children and grandchildren in the manner above bequeathed to them that he pay the shares of my said children, to them, and use and appropriate the share of my said grandchildren, in the manner hereinafter directed. I further direct that my real estate be divided amongst my said children and grandchildren according to the shares above bequeathed to each if the same can be done to the advantage of the whole, but if it cannot be so divided, then and in that case the same shall be sold by my executor, and the money arising from such sale be deivided between them according to the bequests as to them as aforesaid. Item 5 - I hereby will and direct that so much of the bequest herein made to my grandchildren Marion Harris and Martha Ellen Harris as shall be converted into money shall be loaned out at interest by my executor and kept at interest until said grandchildren respectively arrive to the age of twenty one years, interest to be paid annually and that my executor have the sole charge and management of the real estate which may be set apart to them until they respectively attain the age of twenty one years and that during such time my said executor appropriate and apply the proceeds of such real estate and the annual interest form such money if necessary to the support and education of my said grandchildren her being the judge of such necessity and if not so necessary that he put the same to use, making interest thereon payable annually until the majority of my said grandchildren at which time the principle and all accruing interest thereon after paying to my executors a reasonable amount for his service, shall be paid over to my said grandchildren by my executor. It is my wish and I hereby will and direct that in case either of my said grandchildren shall die before attaining 21 years of age and without leaving legal issue of his or her body, then and in that case the share of such deceased grandchildren shall go to the surviving and in case of both of such grandchildren shall die before attaining the age of 21 years and without leaving legal issue of their body, then and in that case, the share of such grandchildren above to them, both real and personal estate shall go to and be equally divided between my children herein above named and the descendants of any of them which may be dead. Item 6 - For the purpose of making partition of my real estate between my legatees above named I will and direct that as soon after the death of my wife ( should she survive me, otherwise after my death) as a majority of my children above name shall determine, they shall select three discreet, disinterested freeholders of said county of Marion as commissioners to make such partition, said commissioners to take and oath at the time, directing the manner in which real estate shall be partitioned and shall make a report of their doings in the promises to the proper court, having jurisdiction of my real estate amongst my said legatees the same shall be recorded and adjusted to be full and final partition and division of said real estate amongst said legatees and their heirs and assigns forever. But should it appear by said report that said estate cannot be divided without damage to said distributees or some of them, then and in that case, said real estate shall be sold by my executor at public or private sale by my executor in such manner at such time and upon such terms as to payments as a majority of my children above named may direct in writing to be by them executed and filed with other papers relating to such a sale. Item 7 - It is my wish and I hereby direct that my executor in taking out letters testamentary on my estate shall not be required to give bond in an amount covering my real estate unless at such time he be directed to sell such real estate as provided in item 6 above, but before selling said real estate he shall give bond covering said real estate with surety to the approval of the proper court or clerk. Item 8 - I have loaned to my son Jonathan L. Holmes, $1200.00 without interest for which I hold his note, and to my son William C. Holmes, the sum of $800.00 with interest for which I hold his note. In case such notes shall not be paid at the time of my death, I direct that the same shall not be collected but shall be considered as an advancement to my said sons and to be by them accounted of in the distribution of my estate. Item 9 -In case any one or more of my children above shall die before me leaving heir or heirs, the share of such deceased child above bequeathed shall go to such heir or heirs but should any of such children die without issue, the share of such child shall be divided amongst my children and grandchildren according to the rule of distribution above directed and be subject to the same limitations. Item 10 - I hereby constitute and appoint William C. Holmes, executor of this my last will and testament and in case of his death or refusal to act, then in and that case, I appoint Robert B. Duncan executor to this my last will and testament. In witness thereof I hereunto set my hand and seal in the presence of Nathan B., Palmer and David S. Beaty, who I request to bear witness to this my last will and testament this 24th day of January 1857. William Holmes (seal) Witnesses: N.B. Palmer David S. Beaty Recorded - March 15, 1859 William Holmes, Jr Will Page 3 --------------------------------------------------------------------- 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 submitter, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. --------------------------------------------------------------------- Submitter - Judith B Glad Email - heyjude@teleport.com