Will of Anthony Milam

Bl. 1 pgages 23-26

Anthony Milams will, examintations and proofs filed Sept. 16, 1844 and then entered as record of court

State of Indiana Greene county ss}

Know all men by these presents that I A Anthony Milam of the county of Greene aforesaid being of sound mind and memory but at the same time being afflicted with a disease which in all probablity may in a short time turn into an death and knowing also in the course of human events that it is _ appointed for all men to die and being deeply empowered with a view of these circumstances and the _ty of making the best possible dispoition of my worldy estate for the advancement and future benfit of my children I do therefore ordain declare make and publish this my last will and testament hereby _ing and revoking any and all former wills, testaments and codicils by me made or sunscribed and publish so that as my only true will and testament and despose of all and _ my real personal estate in manner and from as herein after mentioned towit:

Item 1st I will, give and bequeath to two my oldest towit John W. Millam and George C. Milam jointly the following to have and to hold in fee simple to themselves and their heirs forever the following real estate situate lying and being in the county of Greene aforesaid and known and designated by the following description towit: The said east half of the northwest quarter of section fifteen in Township seven Nort of Range five west containing eight acres of land and also the southwest quarter of the northwest quarter of section Town and Range aforesaid with all and singular the rights and appurturances thereunto on any wise appertaining to or blonging

It is hereby however stipulated and especially understood that the bequest of the lands and t_ts herein devised to the John W. Milam and George C. Milam is upon the condition following that is to say from infancy been afflicted with a certain disease which renders him incapable of labor and also being weak mind and _est and thereby not able to _ a living without assitance and being also liable to _d upon and defrauded by d_ing persons. I therefore in consideration of the foregoing reason _ it upon and _ the duty of the said John W. Milam when he arrives of full age he take care of the person and estate of the said George C. MIlam and that in no _ shall this will _ empowers or authorize the said George C. Milam to sell and _ the premises de_ to him without the ad_ and command of the said John W. Milam. _ I further hereby fully authorize and empower by executor herein after appointed to act as Guardian for my childre during their minority and that he have the c_ and care of their _tion persons and estates of my said children.

Item 2nd I do also give and bequeath unto my three daughters and infant son jointly (that is to say) Mary Jane Milam, Matha Ann Milam, Margaret Catherin Milam and Wislliam Milam all and singular the proceeds arising from the sale of all my personal estate co_ing of horses, cattle, hogs, sheep, wagon, farming _ and household and kitchen furniture. The same to be sold by my said executor upon such credits as he shall deem best calculated to advance the interests of my said children and after the same is collected to loan out the same upon interest for thier use and wh_ever. Mary Jane, Martha Ann, Margaret Catherine and William shall respectively arrive at full age _ should or should get married that said executor shall pay over to each of them their _ shares of the proceeds of said sale and in trust.

Item 3rd In order to be more perfectly understood and to the _ that lit_tion be entirely provided it is hereby e_ly understood and provided that the land _ described and bequeathed tothe said John W. Milam and George C. Milam in the first itme _ this will _ed shall in the event that the said John W. Milam should survive the said George C. Milam of _ should _ without issue be vested in the said John W. Milam and his heirs forever and that in like mannershould the George C. Milam survive the said John W. Milam the bonds aforesaid _ to vest in the said George and his heirs forever, but nothing herein contained that be construed as to empower the said George C. Milam to sell anc convey the same _ such sale should be s_tioned and approved by my said _

Item 4th I do hereby ordain and appoint my friend John J. _ my sole executor of this my last will and testament and I also direct that my said executor see to my funeral and that he pay out of the first money which he may receive from the proceeds of my estate all my just bdebts and legal liabilities (which will give hime but little trouble) not being but a few dollars in bedt.

In witness whereof I have hereunto set my hand and seal this 28th day of February 1844.

Anthony Milam (Seal)

Signed sealed published and declared in the presence of the testator and of the _ witness and in the presence ofeach other

H. L. Livingston
Thornton R. Hurley

_ B The words "of be should ied without issue" enter_ed in the 3rd page between the 2nd and 3rd line from the bottom before the signing and sealing of the above will

Which said will has the following endorsemts thereon towit:

State of Indiana Greene county ss}

I Samuel R. Cavins, clerk of the probate court of said county do hereby certify that it having been made satisfactorly to appear that Anthony Milam late of said county has recently died testate leaving his estate in a condition requiring immediate administration thereon and that in pursuance with the form of statue in such case made and provided the last will and testament of the said Anthony Milam was this day brought before me at my office in Bloomfield and was proved by oath of Hugh L. Livingston one of the witnesses thereto whose examination was rendered to writing and subscribded to as follows towit:

I Hugh L. Livingston do solomenly swear that on the 28th day of February 1844 I saw Anthony Milam sign seal publish and declare the foregoing writing purporting to be his last will and testament and that I signed my name there to as a subscribing witness in the presence of the said Anthony Milam and at his request that the said testator was of full age to devise this property and of sound mind and memory at the time on making and signing his said will and not under coersion or restraint and that of his own free will and mind he signed said will. That I am of lawful age and in no wise interested in _ the real or personal estate of said deceased.

H. L. Livingston

In testimony where of I have hereunto set my hand and the seal adopted sela of said court Bloomfield September the 16 1844

S. R. Cavins, clk

State of Indiana Greene county ss}
<
I Samuel R. Cavins clerk of the probate court of said county do hereby certify the foregoing to be a full and true record of the will proofs and examinations of the last will and testament of Anthony Milamdecd.

Witness my hand this 16 day of Sept. 1844

S. R. Cavins, clk

Thornton R. Hurley _ to the above will filed September the 18 1844

Samuel R. Cavins clerk of the Probate Court in and for the county of Greene and the state of Indiana do hereby certify that it having been nmade satisfactory to appear that Anthony Milam late of said county have recently died testate having his estate in a condition requiring immediate administration theron and that the last will and testament of said decedant was this day brought before me and was proved by the oath of Thornton R. Hurley one of the witness thereto whose examination was annexed to writing and subscribed to as follows towit:br>
I Thornton R. Hurley do solomonly swear that ont he 28th day of February 1844 I saw Anthony Milam sign and seal publish and declare the foregoing writing purporting to be his last will and testament and that I signed my name therto as a subscribing witness in the presence of the saind Anthony Milam and at his request. That the said testator was of full age to devise his property and of sound mind and memonry at the time of his making and signing his said will and not under coersion or restraint and that of his own free will and mind he signed said will. That I am of lawful age oand no wise interested in either the real or personal estate of said deceased.

Thornton R. Hurley
In testimony where of I have hereunto set my hand and the adopted seal of said county at Bloomfield Sept 18th 1844 Bloomfield
S. R. Cavins, Clk
I Samuel R. Cavisn clerk of the Probate court of said county do hereby certify the foregoing to be a full and true record of the will proofs and examinations of Anthony Milam deceased.

Witness my hand this 18th day of September 1844
S. R. Cavins, Clk

Last updated 27.10.2009