Will of Nancy Cunningham, 1847
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Will of Nancy Cunningham, 1847
| bechtoldron (View posts) | Posted: 20 Sep 2001 10:22PM GMT |
Classification: Will
Surnames: Cunningham, Simpkins, Miller, Martin, Stanfield, Stephenson
Will of Nancy Cunningham, dated 24 March 1847, Vol. 2, Pages 320-321
I Nancy Cunningham of Tippecanoe County in the State of Indiana do make and publish this my last will and testament, hereby revoking and making void all former wills by me at anytime heretofore made.
First I direct that my boddy (sic) be decently entered and my funeral be conducted in a manner corresponding with my estate and situation in life, and as such wordly estate as it has pleased God to intrust me with. I dispose of the same in the following to wit: I direct first that all my just debts and funeral expenses be paid as soon after my decease as possible out of the first moneys that shall come to the hands of my executors from an portion of my estate real or personal. I also direct that all the real estate of which I shal die seized or possessed together with all my personal property shall be and remain the absolute property of my adopted daughter, Sarah Jane Simpkins Miller, if she shall be living at the time of my decease, but if she shall not survive me then that the same shall be sold by my executors for its reasonable value, for cash or on such credit and the amount thereof secured in such manner as is usual in the like cases to insure the full and punctual payment thereof and the proceeds when collected to be given to the Methodist Episcopal Church as a donation for the support of superanuated ministry. And to effectuate this my intention I hereby vest my executors with full power and authority to dispose of my real estate in fee simple or for a term of years or otherwise in as fill and ample a manner in every respect as I could myself do if living. And I hereby make and ordain my worthy and esteemed friends John Stanfield and Alexander Stephenson executors of this my last will and testament. And in case I shal leave my said adopted daughter a minor living at the time of my decease then I direct and appoint that my esteemed friend John Stanfield shall have the tuition and guardianship of her during such her minority; and in case of his refusal, renunciation or death I will and direct that my other executor Alexander Stephenson shall exercise the said guardianship. And I earnestly entreat the utmost care and attention respectively in and about the education and morals of my said adopted daughter.
In withness whereof I Nancy Cunningham the testatrix have herewith set my hand and seal this twenty-fouth day of March in the year of our Lord eighteen hundred and forty-seven.
Nancy Cunningham (S.S.)
Signed sealed published and declared by the above named Nancy Cunningham as her last will and testament in the presence of us who hereunder subscribed our names as withnesses thereto in the presence of the said testatrix and the presence of each other. -- Peter Wroughton, William Brown, Samuel C. Reynolds
In State of Indiana Tippecanoe County S.S. On this 11th day of July A.D. 1851 (?), personally appeared before me Otho K. Weakly Clerk of the Common Pleas Court of Tippecanoe County in the State of Indiana William Brown one of the subscribing witnesses to the foregoing instrument of writing purporting to be the last will and testament of Nancy Cummingham, late of said County, deceased, and being by me duly sworn to testify to the truth the whole truth and nothing but the truth concerning the execution of the last will and testament of Nancy Cunningham deceased upon his oath aforesaid testified as follows to wit: that he saw the said Nancy Cunningham in her lifetime but who is now deceased sign the same by making her mark after her name had been written by her request as her last will and testament and that he heard her declare the same to be her last will and testament, that he together with Peter Wroughton and Samuel C. Reynolds subscribed their names thereto as witnesses thereby making his mark after his name had been written by his request in the presence of said testatrix and at her request and in the presence of each other and that the said Nancy Cunningham at the time she executed said last will and testament was of full age to leave her property and was of sound mind and memory and not under the coercion or restraint of any person or persons whatever all of which he verily believes and further says not.
William (his X mark) Brown
The State of Indiana Tippecanoe County S.S.
I Otho K. Weakly, Clerk of the Common Pleas Court of Tippecanoe County in the State of Indiana hereby cerfity that the foregoing last will and testament of Nancy Cunningham deceased has been duly admittted to Probate that its due execution was this day proven by Wiliam Brown one of the subcribing witnesses to the same whose proof together with such will have been duly recorded in the Will Record No. Two pages 320 & 321, now on file in my office. In witness whereof I have hereunto set my hand and affixed the seal of said Court at office in Lafayette on this 11th day of July 1851.
Otho K. Weakly, Clk
John S. McCaulay, dep
I Nancy Cunningham of Tippecanoe County in the State of Indiana do make and publish this my last will and testament, hereby revoking and making void all former wills by me at anytime heretofore made.
First I direct that my boddy (sic) be decently entered and my funeral be conducted in a manner corresponding with my estate and situation in life, and as such wordly estate as it has pleased God to intrust me with. I dispose of the same in the following to wit: I direct first that all my just debts and funeral expenses be paid as soon after my decease as possible out of the first moneys that shall come to the hands of my executors from an portion of my estate real or personal. I also direct that all the real estate of which I shal die seized or possessed together with all my personal property shall be and remain the absolute property of my adopted daughter, Sarah Jane Simpkins Miller, if she shall be living at the time of my decease, but if she shall not survive me then that the same shall be sold by my executors for its reasonable value, for cash or on such credit and the amount thereof secured in such manner as is usual in the like cases to insure the full and punctual payment thereof and the proceeds when collected to be given to the Methodist Episcopal Church as a donation for the support of superanuated ministry. And to effectuate this my intention I hereby vest my executors with full power and authority to dispose of my real estate in fee simple or for a term of years or otherwise in as fill and ample a manner in every respect as I could myself do if living. And I hereby make and ordain my worthy and esteemed friends John Stanfield and Alexander Stephenson executors of this my last will and testament. And in case I shal leave my said adopted daughter a minor living at the time of my decease then I direct and appoint that my esteemed friend John Stanfield shall have the tuition and guardianship of her during such her minority; and in case of his refusal, renunciation or death I will and direct that my other executor Alexander Stephenson shall exercise the said guardianship. And I earnestly entreat the utmost care and attention respectively in and about the education and morals of my said adopted daughter.
In withness whereof I Nancy Cunningham the testatrix have herewith set my hand and seal this twenty-fouth day of March in the year of our Lord eighteen hundred and forty-seven.
Nancy Cunningham (S.S.)
Signed sealed published and declared by the above named Nancy Cunningham as her last will and testament in the presence of us who hereunder subscribed our names as withnesses thereto in the presence of the said testatrix and the presence of each other. -- Peter Wroughton, William Brown, Samuel C. Reynolds
In State of Indiana Tippecanoe County S.S. On this 11th day of July A.D. 1851 (?), personally appeared before me Otho K. Weakly Clerk of the Common Pleas Court of Tippecanoe County in the State of Indiana William Brown one of the subscribing witnesses to the foregoing instrument of writing purporting to be the last will and testament of Nancy Cummingham, late of said County, deceased, and being by me duly sworn to testify to the truth the whole truth and nothing but the truth concerning the execution of the last will and testament of Nancy Cunningham deceased upon his oath aforesaid testified as follows to wit: that he saw the said Nancy Cunningham in her lifetime but who is now deceased sign the same by making her mark after her name had been written by her request as her last will and testament and that he heard her declare the same to be her last will and testament, that he together with Peter Wroughton and Samuel C. Reynolds subscribed their names thereto as witnesses thereby making his mark after his name had been written by his request in the presence of said testatrix and at her request and in the presence of each other and that the said Nancy Cunningham at the time she executed said last will and testament was of full age to leave her property and was of sound mind and memory and not under the coercion or restraint of any person or persons whatever all of which he verily believes and further says not.
William (his X mark) Brown
The State of Indiana Tippecanoe County S.S.
I Otho K. Weakly, Clerk of the Common Pleas Court of Tippecanoe County in the State of Indiana hereby cerfity that the foregoing last will and testament of Nancy Cunningham deceased has been duly admittted to Probate that its due execution was this day proven by Wiliam Brown one of the subcribing witnesses to the same whose proof together with such will have been duly recorded in the Will Record No. Two pages 320 & 321, now on file in my office. In witness whereof I have hereunto set my hand and affixed the seal of said Court at office in Lafayette on this 11th day of July 1851.
Otho K. Weakly, Clk
John S. McCaulay, dep