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Will Abstract of Walter Armstrong

Vevay, Indiana

 

Will: 8 Aug 1849
Executrix & Executor: Hannah Armstrong, wife; Thomas Armstrong, son
Wit: Charles T. Jones, James Harwood
Probate: 3 Jan 1850

... having hereto conveyed to my sons Thomas Armstrong & John Armstrong, & to my daughters Mary Jane Noble & Hannah Malin each, valuable real estate, & being desirous of making a complete & final disposition of what remains to me of real & personal property, I do devise & bequeath as follows viz.

1. I direct the debts that may be owing to me to be collected without unneccessary delay, & that out of the monies so collected my just debts to be paid, & that the residue be distributed, after deducting expenses of collections, equally among my heirs & legal representatives except as to the specific legacy to my daughter Mary Jane Noble herein after mentioned.

2. I leave to my beloved wife Hannah Armstrong & to my son David Armstrong, who now lives with us, the real estate on which I now reside - that is to say - the out lots to the Town of Vevay, Switzerland County, Indiana, comprised, mentioned, & described in the deed of Margaret Armstrong to me bearing date March 8th 1847 & recorded in the recorder's office of Switzerland County aforesaid in deed book L? or D? page 576, which for a full description of said property is here referred to, together with the improvements made thereon, & all the privileges & appurtenances to the same belonging: also the tract of land adjoining to the Town of Vevay aforesaid conveyed to me by William B. Campbell & wife by deed of general warranty dated the 25 of April 1836, & by Polly Campbell by deed of quit claim bearing the same date, together with all the privileges & appurtenances to the same belonging, both of which deeds are recorded in the recorder's office of Switzerland County Indiana in deed book G pages 53 & 54: also an out lot to the Town of Vevay aforesaid suppose to contain six & a half acre of land conveyed to me by Francis S. Sindley [Lindley?] & wife by deed bearing date the 19 Nov 1835 and recorded in the recorder's office of Switzerland County Indiana in Deed Book F, page 520, together with all the privileges & appurtenances to said lot belonging: also all the remaining interest, right & title I have & hold in and to Block No. Two (2) in the Town of Vevay aforesaid being the same block on which John W. Malin now resides & a part of which I heretofore conveyed to my daughter Hannah Malin which said block no. 2 was conveyed to me by Robert Hannah Marshall of the District of Indiana by deed bearing the 9th day of Oct 1843 and recorded in the recorder's office of Switzerland County in deed book J, pages 464-465, all of the four tracts or pieces of land above described are devised to my wife & son, the said Hannah Armstrong & the said David Armstrong to be & remain their property jointly, as tenants in common, for & during the life-time of my said wife, & after her death then to the said David Armstrong his heirs & assigns forever, but if my said wife should survive the said David, and he should die without issue, the said tracts above described are to be & remain the sole property of my wife for & during her natural life & at her death the same shall be sold & the proceeds equally divided among my heirs & legal Representatives. It is also my will to give & I do hereby bequeath to my said wife & son David all the personal property of every description in, about, & upon the home-stead, being the tract of land first above described to be for their joint use & benefit during the natural life of my said wife and after her death to be the property of said David for his own use forever, or if he should die without issue then after my wife's death, to be sold, and the proceeds to be equally divided among my heirs and legal representatives. I do also bequeath to my said wife and to my said son David the sum of six hundred dollars per annum to be paid to them, so long as my wife shall live, out of the rents & profits of my real estate in Cincinnati herein after mentioned, but which annuity is to cease after my wife's death. And I also bequeath to them for their joint use & benefit all the cash that may be on hand, or on Deposit in Cincinnati at the time of my death, for which they are to be no wise accountable. And I do hereby declare it to be my will & testament that the special bequests herein made to my son David & to my daughter Mary Jane Noble shall not deprive them of, or cut them off from, an equal share in the distribution of the cash by this will directed to be made among my heirs & legal representatives, - but on the contrary that they shall partake equally with the other heirs... It is also my desire that all the taxes & assessments against the property herein left to my said wife & son David be paid by my son David & that the same are to be no charge on my estate - And, I do furthermore direct that no inventory or appraisement of my personal estate be made but that the same be taken possession of by my wife and my son David as it may be at my death, to be used by them at their discretion. The foregoing devises & bequeaths to my wife & son David are made with the hope & expectation that my son David will continue to reside with his mother the said Hannah Armstrong, & that he will bestow his best efforts to make her comfortable & happy in her declining years, and see that she is well supported & provided for.

3d. I have in my hand the sum of sixteen hundred dollars which belongs to Irvin Armstrong, William Armstrong & Walter Armstrong, infant children of my son William Armstrong dec'd, & which I am desirous should be loaned out on good & safe security, or otherwise, prudently & carefully invested & the proceeds applied to the support & education of said children. And for that purpose I do hereby appoint and request my friend William Hall, of Vevay to be Guardian of said children & the Trustee of said fund & to superintend the loaning of the same, the collection of the interest & the appropriation of it as above mentioned. And I do furthermore devise to the said infants to wit, Irvin Armstrong, William Armstrong & Walter Armstrong the tract of land lying in Switzerland County Indiana containing 489 acres & 23⁄100 of an acre except a few acres off of said tract heretofore sold by me to different persons, which said tract of land was conveyed to me by Jesse Justice & wife by deed bearing date the 15th of August 1836... in deed book G, p.p. 105-106, & I do furthermore request the said William Hall of Vevay to act as guardian of said estate of said children & trustee for them & to rent out said farm for them, collect said rents for their support & education of said children & to pay the same out, after deducting all charges, expenses & commissions for the purpose of above mentioned, & furthermore that he pay all the taxes & assessments against said farm & other property of said Infants out of the rents & profits of said farm, & that the same be not a charge on my estate.

4. I direct that my executrix & executor herein after named to sell and by proper deeds to convey the north west quarter of S24 in T8N of R12 E, in the Jeffersonville Land District, lying & being in Ripley County, Indiana; also a fraction lot No. 3 in the addition to the Town of Lawrenceburg laid out by George H. Dunn & others, being 33 feet off of the SE part of said lot, which was conveyed to me by David Guard & wife by deed bearing date the ___ day of January 1841 & is recorded in the recorder's office of Dearborn County Indiana in deed book F? p.p. 316, 317 & when sold & the money collected to distribute the same after paying all expenses, equally among my heirs & legal representatives. My said executors may sell the same either at public or private sale...

5. And whereas I am the owner in fee-Simple & my lease-hold interests of the following discribed property in the City of Cincinnati, to wit, of lots no. 1 & no. 2 on the plan of subdivision of property in said situate on Main Street near the corner of Lower Market & Main Streets conveyed to me in fee by Adam N. Riddle, Master commissioner by deed bearing date the 26th June 1839 and recorded in the recorder's office of Hamilton County Ohio in deed book number 71 p. 636: also of a leasehold interest in and to 40 feet of ground front on Second Street in said City which was conveyed... to me by Robert Boal & wife by deed of release bearing date the 30th March 1841... in deed book number 78 p. 374: also of part of lot numbered 57 on Lower Market Street between Main & Sycamore streets fronting 47 feet more or less on the south side of Lower Market Street in said City, conveyed to me in fee by Ganet Hopper & wife by deed bearing date the 29th Aug 1836... deed book no. 58 p. 361: also of part of lot no. 252 on the original plat of Cincinnati lying on Front Street conveyed to me in fee by John Kennet & wife by deed bearing date the 11th March 1842... deed book no. 84, p. 114. And whereas, it is my wish that said Cincinnati property should not be aliened or sold - but the same be kept on lease for the use & benefit of my heirs; therefore to affect that object I do hereby request my friend James J. Farau?, Esq. of Cincinnati to take the over sight of said property & to act in that behalf for my executors - to rent said property from time to time to safe & responsible tenants - to collect the rents as they shall become due - to pay all taxes & assessments on said property, to keep the buildings insured - to keep the property in a state of repair - & do whatever else may be required for its preservation and to cause it to yield the largest income, and out of the proceeds after paying taxes, insurance, & all the charges & expenses including his own commission, to pay as aforesaid to my said wife Hannah & my son David the sum of six hundred dollars per annum, and to pay the residue to my executor & executrix hereinafter mentioned, to be by them equally divided among all my heirs and legal representatives.

6. In the division of a portion of my property heretofore made among some of my children, I am of opinion that the farm in Johnson County Indiana which I conveyed to my daughter Mary Jane Noble is not equal in value to the property given & conveyed to other of my children, I do therefore direct my executor & executrix hereinafter mentioned to pay to the said Mary Jane Noble her heirs & assigned the sum of eight hundred dollars ($800) in cash out of the monies owing to me so soon as the same can be collected, and the legacy shall by no means deprive her of her equal distribution share of monies by this will directed to be distributed among my heirs.

7. I bequeath Experience Brannon, otherwise called Elizabeth Brannon, a young woman raised in our family and who now resides with us the sum of four hundred dollars ($400) in cash, To be paid to her two years after my decease, provided she shall continue to reside with my wife & serve her that length of time, if my wife shall so long live.

8. It is my wish & desire that my executors to purchase for, and present to, each of my grandchildren a neat Pocket Bible as a special gift from their grandfather, and this is done with the request and earnest desire that they will read it & take it as the rule & guide of their faith & practice in life.

 

Compiled by Ruth A. Hoggatt, 2000.

Will Book 2