Will Book C, Pages 10-12
Last Will and Testament of Thomas Butler
the name of the Benevolent Father, I, Thomas Butler of the County of Martin in
the State of Indiana, being of sound mind and disposing memory, do hereby make
and declare this my Last Will and Testament, hereby revoking and
making void all former Wills by me made at any time heretofore.
First: I order and direct that out of any money on hand (or out of my other
property), my just debts and funeral expenses paid as soon as practicable after
Second: I give and bequeath to my heirs as follows: To Margaret Walker,
Mary B. Neal, and John Butler, each one fourth of all my real and personal
estate after the payment of any debts, and funeral expenses, and to my daughter
Hannah Walker, afterwards Hannah Neal‘s descendants, the remaining one fourth of
all said property as I may [ ] at the
time of my death.
Third: My son Hiram Butler having
already received his share of my entire estate, though remembered as my son,
equity directs that the residue of my estate be given as directed in Item Second.
Fourth: I hereby nominate and appoint my son John Butler as the Executor of
this my last Will and Testament.
In testimony whereof, I have hereunto subscribed my name this 1st day of March
above and forgoing instrument was at the date thereof signed, published
and declared by the said Thomas Butler as and for his last Will and Testament,
and as a revocation of all former Wills heretofore made by him, in the presence
of us, who at his request, and in his presence, and in the presence of each
other, have subscribed our names as witnesses.
Adam Way Jr.
State of Indiana, Martin County SS:
Be it remembered, that on the 4th day of April 1896, Isaiah Lacy one of the
subscribing witnesses to the within and foregoing last Will and Testament of
Thomas Butler, late of said County, deceased, personally appeared before the
Clerk of the Circuit Court of Martin County, in the state of Indiana, and being
duly sworn by the Clerk of said Court, upon his oath, declared and testified as
follows, that is to say: That on the 1st day of March 1895, he saw the said
Thomas Butler sign his name to said instrument in writing as and for his last
Will & Testament; and that this deponent, at the same time, heard the said
Thomas Butler declare the said instrument in writing to be his last Will &
Testament, and that the said instrument in writing was, at the same time, at
the request of said Thomas Butler, and with his consent attested and subscribed
by the said Isaiah Lacy in the presence of said testator, and in the presence
of each other, as subscribing witnesses thereto, and that the said Thomas
Butler was at the time of the signing and subscribing of said instrument in
writing as aforesaid, of full age (that is more than twenty one years of age),
and of sound and disposing mind and memory, and not under any coercion or
restraint, as the deponent verily believes, and further says not.
Sworn to and subscribed by the said Isaiah Lacy before me Geo. W. Gates, Clerk
of said Court at West Shoals the 4th day of April 1896.
attestation whereof, I have hereunto subscribed my name and affixed the seal of
W. Gates Clerk
State of Indiana, Martin County, SS:
I, Geo. W. Gates, Clerk of the Circuit Court of Martin County, Indiana, do
hereby certify that the within annexed Will and Testament of Thomas Butler has
been duly admitted to probate, and duly proved by the testimony of Isaiah Lacy,
one of the subscribing witnesses thereto, that a complete record of said Will
and testimony of the said Isaiah Lacy in proof thereof has been by me duly made
and recorded in Book C at pages 10, 11, and 12, of the Record of Wills of said
In attestation whereof, I have hereunto subscribed my name and affixed the seal
of said Court at West Shoals, this 4th day of April 1896.
W. Gates. Clerk
Circuit Court, Martin County.