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David Archibald's will, dtd 1858

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David Archibald's will, dtd 1858

Posted: 29 Sep 2001 6:08PM GMT
Classification: Will
Edited: 14 Jun 2003 7:32AM GMT
Surnames: Archibald, Timmons, Smith, Shaw, Forgerson
Will of David Archibald, Tippecanoe County Will Book, Vol. 2, pp 368-370:

I David Archibald of the County of Tippecanoe 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 any time heretofore made. First I direct that my body be decently interred and my funeral be conducted in a manner corresponding with my estate and situation in life. As to my worldly estate I dispose of the same in the following manner to wit: I Will and bequeath to my Wife Rachael Archibald and daughter Sarah Archibald as joint tenants the west half of the North west quarter of Section Ten (10) in Township twenty four (24) North of range four (4) west and at the death of my Wife Rachael Archibald that the above described tract of land shall go to my daughter Sarah Archibald in fee simple by her paying to my Son Robert Archibald and daughter Perlina Smith each One hundred dollars. I further Will and direct that out of the proceeds of my personal and real estate that all my just debts be paid and the remainder after paying my debts be equally divided among my children or their heirs of those who may be dead except my daughter Sarah. I Will that the portion of my estate that will will go to my daughter Anny Timmons (deceased) to her two sons Stephen and David Timmons, that Stephen heir one third and David two thirds of their Mother's share. I further Will and direct that the share of Eleanor Timmons that if she should die shall be equally divided among the lawful heirs of her body and if she should die leaving no legal heirs of her body, I will and direct that her share shall be divided equally among my children and the heirs of those that may be dead.
I Witness whereof I David Archibald the testator have hereunto set my hand and Seal this twenty sixth day of October 1858.
David Archibald (seal)

Signed Sealed published and declared by the above named David Archibald as his last will and testament in the presence of us who have hereunto subscribed our names as witnesses thereto in the presence of said testator and in the presence of each other.
John Shaw
Wm R. Forgerson

(Will was proved 20 Aug. 1859 by William R. Forgerson, and on 23 Aug. 1859 by John Shaw. Will probated and recorded 23 Aug. 1859 by William R. Ellis, clerk, and Henry C. Tinney, dep.)

We Robert C. Archibald and Perlina Smith having received of Sarah Archibald the one hundred dollars to be paid to each of us by her as a condition precedent to her receiving the devise of real estate given to her by her father David Archibald deceased in his last will and testament which with the proofs and certificate of probate are recorded in the book on the foregoing pages 368, 369 & 370, we hereby enter full satisfaction of said sums and of all claim against her on account of said condition precedent.
Witness our hands this 18th day of October A.D. 1866.
David C. Archibald &
Palina G. Smith (her X mark)
Attest:
David Royse, Clerk

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