Transcript of John Cunningham's Will, Tippecanoe Will Book 2, pages 358-360:

Americus, February the Seventh one thousand eight hundred and fifty nine, I JOHN CUNNINGHAM of Washington Township, Tippecanoe County and State of Inidana 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 that my funeral be conducted in a way corresponding to my manner of life and situation, and as to such worldly estate as it has pleased God to entrust me with, I dispose of the same in the following manner 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 money that shall come to the hands of my Executors, from my estate. I also direct that a fair valuation or appraisement be made of all my personal estate by two of my judicious neighbors, and after being signed with their names that a copy of the same be given to each of my executors. I also direct that the whole of my personal estate, except such articles as are herein specifically bequeathed to my several children, or otherwise ordered shall be sold at Public Auction within sixty days from the day of my death, and as relates to those articles specifically bequeathed, I direct to be given to my youngest daughter AMANDA one bedstead and bedding, and one cow and calf. I also direct that all monies on hands not otherwise directed at the time of my decease shall be loaned out at inerest for one year, at interest, which money together with all other money that may be collected by the end of the year shall be equally divided amonst all my children, share and share alike, and I futher direct that the proceeds from the sale of my personal estate, together with all other money that may be collected, shall be equally divided among all my children or thier representatives at the end of each year or as soon thereafter as it can be done. I also will and bequeath to my step-son JAMES MCKINLY a note of hand now in my posession, drawn by said MCKINLY and payable to me or bearer for the sum of Two Hundred and forty nine dollars and ninety two cents, dated Twenty fifth February, one thousand eight hundred and forty eight. I also direct that all my real estate, of which I shall die seized, shall be rented out until the year of our Lord one thousand eight hundred and sixty-six, on the best terms that can be procured, and all renters shall be bound to have the rents gathered and safely delivered in the warehouse at Americus, before the first day of December each year, or be responsible for thirty cents per bushel rent corn due, and not delivered at that time, if the rent is payable grain. And the said real estate shall remain unsold and undivided until the year eighteen hundred and sixty six, and at the expiration of said time, if my children, their heirs, representatives or assigns can divide said real estate by mutual agreement and satisfactorily to all concerned, then I order it so be be disposed of; but if they cannot so divide then I direct that all my Real Estate 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 such cases, to insure the full and punctual payment thereof; and to carry out my intention, I hereby vest my Executors with full power and authority to dispose of my Real Estate in fee simple in a full and ample a manner in every respect as I could myself do if living. I also direct that Fifteen hundred dollars be paid my son, ISAAC CUNNINGHAM, being the balance due him on a settlement of our accounts on the ___ day of February, One Thousand Eight Hundred and Fifty nine. I also direct that the proceeds of any Real Estate, if sold on a credit, shall be divided into six equal shares, and paid out as follows: One share to be paid to ISAAC CUNNINGHAM, one to John CUNNINGHAM, one to ANDREW JACKSON CUNNINGHAM, one to MARY HOLMES, wife of THOMAS HOLMES, one to AMANDA HAMILTON wife of ABRAM HAMILTON, and the other dividend that my daughter ELIZA GATES, wife of ANDY GATES would be entitled to, shall be vested by my Executors in Real Estate, for the use of said ELIZA GATES, and her heirs, and if any of my children die before all the dividends are made, then the share or shares yet to be made that such deceased children would have been entitled to if living, shall be paid to their respective heirs, representatives, so that they shall share each alike in the money or lands that their ancestors respectively would have been entitled to if living. And I also direct that if any of my children, their heirs, representatives or assigns shall bring any claim or claims whatsoever aqainst my estate, either in note or account, shall have seven hundred dollars deducted from his or her share or sum so deducted shall be equally divided among the other heirs. I also direct that all property, real and personal, sold on credit for which notes shall be taken, shall be made payable at REYNOLDS Bank, LaFayette. I hereby make and ordain my esteemed and much respected friends JOHN L. REYNOLDS of LaFayette, and BENJAMIN L. TEA, of Washington Township, Executors of this my Last Will and Testament. In witness whereof, I JOHN CUNNINGHAM, the testator, have hereunto set my hand and seal, the day and year first herein written, to wit: the seventh day of February in the year of our Lord, One Thousand Eight Hundred and Fifty nine.

JOHN CUNNINGHAM (seal)

Signed, sealed, published and declared by the within named JOHN CUNNINGHAM, as his Last Will and Testament, in the presence of us who have hereunto seubscribed our names as witnesses thereto, in the presence of the said Testator, and in the presence of each other.
JACOB BIMM
THOMAS GREGORY

(On 9 February 1859, the will was proved by Jacob Bimm and Thomas Gregory and recorded by William R. Ellis, Clerk, and O.K. Weakley, depy.)