Will of Ephraim Owen

Book 1, Pages 1-3:

Be it remembered that on the 11th day of February 1839 that Amos OWEN filed the following Last Will and Testament of Ephraim OWEN, deceased and made a matter of record which reads in the word and figures following, To Wit;

I, Ephraim OWEN, of Greene 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 any time, heretofore made.

First, I direct that my body be decently buried in a manner corresponding with my Estate and situation in life and as to such worldly estate as it has pleased God to intrust me with I direct of it in the manner following, To Wit:

First, I will unto my well beloved wife, Sarah, all my stock of hogs, two milk cows and my old bay mare and eight head of my sheep and all of my house hold and kitchen furniture all the rents, issues, and profits of my farm together with the use of all buildings, with the exception of the house that my son William lives in and his corn crib and one stable, all of which she is to have her life time.

Second, I will that all my just debts and funeral expenses be paid out of the first moneys that comes into the hands of my Executor; and to effectuate this my intention, I hereby vest my Executor with full power and authority to personally settle and wind up all my business in as full and ample a manner as I myself could do if living.

I further will that all my personal property not otherwise disposed of in this my last will and Testament, be sold at public sale.

I will that it be here inserted that I have given by deed of gift unto my eldest son, John OWEN, deceased, all his share of my real estate which he is to have until his Mother's Death, after which his heirs is to have their equal share of his equal share of the personal estate.

I have give unto my second son, Ephraim, all his share of my real estate which he is to have and all his share of personal property he is to have until after his Mother's Death, after which he is to have his equal share of the personal property.

I will that it be here inserted that I have given unto my eldest daughter, Elizabeth, all her share of my real estate which she is to have, and also her share of the personal property which she is to have until after her Mother's Death; then she is to have her equal share of the personal property, there to be sold.

I will that my second daughter, Ruth, has had fifty dollars in money, and that my executor sell my yoke of work oxen for ready money and pay Ruth fifty dollars more money, as soon as he can procure the same which is in all, one hundred dollars, which is to be her share in place of real estate and that she has had her share of personal property until her Mother's Death after which she is to have her equal share of personal property, there to be sold.

I will that my third son, Amos, has had his share of my real estate by deed of gift and that he has had his share of the personal property he is to have until his Mother's Death after which he is to have his equal share of the personal property thence to be sold

I will and bequeath unto my fourth son, Samuel, one hundred and six acres and one hundred and fifty six rod of land situate lying and being in the Township of Highland and in the County of Greene and State of Indiana being a part of the southwest southeast northeast and north quarters of Section twenty-three town eight north of range five west of the second principal meridian and bound as follows, To Wit;

beginning at the north west corner of Amos OWENS land in the south west quarter of said section, running thence east one hundred and ninety two poles, thence north eighty-eight poles thence west one hundred and ninety two poles thence south eighty-eight poles to the place of beginning, containing one hundred and six acres and one hundred fifty six rods be the same more or less and the said Samuel is to have his equal share of the personal property to be sold after his Mother's Death.

And I will that I have given unto my third daughter, Hannah, by deed of gift all her share part of my real estate she is ever to have and her share of the personal property she is to have until after her Mother's Death thence she is to have her equal share of personal property to be then sold by any executor.

And I will unto my fifth son, Robert, seventy five acres of land, 1 A off the west part of the Northeast quarter of Section twenty three, Town eight north of Range five west, in the state and county aforesaid, also the east part of fractional section fourteen, after William gets fifty-five acres off of the west end of said Fraction which now belongs to me, said Robert is to have the east or middle part of said Fraction, up so where the division line or western boundary of his part of said Quarter Section, it being his share of my real estate. He is also to have his equal share of the personal property to be sold after his Mother's Death.

I further will that my sixth, and youngest son, William, have fifty-five acres off of the west end of Fractional Section Fourteen in Town eight north of range five west and that he also have the balance of the east part of the North east quarter of Section twenty-three town eight north of range five west and also the east end of the Fraction Fourteen above the division line between him and Robert of said quarter, also his share of personal property to be by my executor sold after his Mother's Death.

I further will that it be here warranted that my well beloved wife, Sarah, have the rents, issues and profits of all the farm land now under cultivation her lifetime.

And I further will that after the Death of my well beloved wife, Sarah, my executor make and execute good and sufficient deeds to Robert and William as I myself could do if living and that my said executor after my Death make and execute a good and sufficient deed to Samuel to his land given unto him by this my last will and Testament.

And I further will that my daughter, Elizabeth, have a right of way from the east line of Section twenty three west a little north into Fraction Fourteen & cross the Byou and thence down the fence to Andrew STEWART'S line thence north with said line to her own land.

And I further will that my son Amos have a right of way from the south west corner of the northeast quarter of Section twenty-three Town eight north of range five west, thence north on the line between me and Andrew STEWART as far as a good road can be had thence vary to the east so as to get a good road across the Byou to the above granted right of way to Elizabeth, thence along said way to KELSHAW'S stone corner thence north with said fence or line to his own land.

And I hereby make and ordain my son, Amos OWEN, Executor of this my Last Will and Testament.

In Witness whereof I, Ephraim OWEN the Testator have hereunto set my hand and seal this twenty fifth day of January eighteen hundred and thirty nine.

Ephraim OWEN (Seal)

Signed sealed Published and declared by the above named Ephraim OWEN as his last will and Testament in presents of us, who have here unto subscribed our names in present of the Testator and in presents of each other

B. C. BALLARD (Seal)
William WILKIE (Seal)

Be it remembered that on the eleventh day of February in the year eighteen hundred and thirty nine that William WILKIE personally appeared before me S. R. CAVINS, Clerk of the Probate Court in and for the County of Greene in the State of Indiana who being by me duly sworn deposes and says I saw Ephraim OWEN sign seal Publish and declare the within and forgoing writing as his last will and Testament, and that I believe that he was at the time of its execution of sound mind and memory, and that I subscribed my name thereto as a subscribing witness in the presence of said Testator and of the other subscribing witness at his request so help you God

William WILKIE (Seal)

Subscribed and sworn to February the 11th day 1839 before me

Test: S. R. CAVINS
Clerk of P. Ct.