2 February 1855 - August 1879

Page 313

Joseph Howard Will

Know all men by these presents that I Joseph -

Howard of Highland township in Vermillion county

Indiana, being in my usual good helth and of

sound and disposing mind and memory, do

Make and publish this my last will and

testament -

And as to my worldly estate, and all the

property, real, personal or mixed of which I

shall died seized and possessed, or to which I

shall be entitled at the time of my decease I

devise, bequeath and dispose of a hereinafter

named, and that there may be no mistake as

to my intentions, and that I may be easily and

clearly understood, I first make the following state

ment Viz. I have previous to this date made ad-

vancements to all my children now living.

from a part of them I have taken receipts, for

a part or all of such advancements, reserving the

right in said receipts to demand six per cent

interest therein should I need it, and or which

I have collected a part of said interest.

In all these advancements I abate and give

the interest due and uncollected up to this

2nd day of September 1870 to my children holding

said receipts making a settlement thereof up

to this date in bull, but reserve the right to

myself to collect the accruing interest thereon

from this date should I need it, but no

uncollected and accruing interest on any of

said receipts for advancements shall be collected

after my death, and if I leave any such interest

uncollected it shall be understood, that I waive

my right to collect it -

Further, these receipts do no cover the full

amount of such advancements. I have given

various gifts to my children not included

in the said receipts, and I believe (everything

considered) that I have fairly equalized my gifts

between my children. I have receipts against

Milton Howard, Rezin Howard, W^{m H. Howard}

and Mary Pritchard by her husband Martin Pritchard

an my daughter Rebecca Betzer I hold no receipt but

I hold her husbands note for $742.00 dated August

14, 1868 on this note I have collected interest for

one year, this note I give to her and will let

it stand until the principal and interest

thereon accruing at six per cent shall amount to

one thousand dollars, including $220.00 given him

this date in property an after it shall have

amounted to one thousand dollars I reserve the

right to collect interest thereon if I need it

but should I ne’r collect the interest thereon

accruing, none is to be collected after my death.

My intention is to equalize and settle all matters

with my children to this date so far as it relates

to my advancements to them, but not of all matters

between them and myself for I hold claim

against them not included or intended to be

included as advancements Viz, A not on W. H. Howard

for $400.00 the interest paid thereon to 29 August 1870.

Two notes on Rezin Howard amounting to $432.11

and interest. Two notes on W. C. Betzer my son in

law for $2803.00 Int. paid thereon to Aug. 15, 1870.

Notes on Martin Pritchard my son in law for $2000.00

dates not now recollected and a not of hand

on Milton Howard for $855.62 dated Sep 21, 1870

with interest from date -

Now after this foregoing explanation, my

will is First that my just debts and funeral

expenses shall by my executor hereinafter named

be paid out of my estate as soon after my as

shall be joind convenient.

Second. I settle and fix to my children

Viz. William H. Howard, Rezin Howard, Milton Howard

Mary Pritchard and Rebecca Betzer the advancements

herein before named and uncollected interest

thereon at the time of my death as their several

full shares of my estate -

Third, All the rest and residue of my

estate real, personal or mixed owned by me

Continued,

at the time of my death, or to which I shall then

be entitled I give, devise and bequeath to my

faithful wife Susan Howard authorizing my

executor hereinafter named to settle up my

affairs as such executor with as little expense

and as few of the formalities of the law as he can,

or if he deem it best to turn over to my said

wife her part of my estate taking her receipt

therefor, then and in that case she is to have

full power and authority to collect all claims

due me or to my estate as well as I could

if I were living and present in person so to

do -

In case of the decease of my said wife before

I shall die the part of my estate given to her as

herein before named shall be disposed of as follows

Viz I give, devise and bequeath to the Missionary Society

of the Methodist Episcopal Church in the United States

the sum of five hundred dollars.

I give devise and bequeath to the church excursion

society of the Methodist Episcopal Church in the United

States the sum of Five hundred dollars.

The remainder of my estate I give devise and

of them the child or children of such deceased

are to have the parents shares.

The Scholarship I hold and own in the

Indiana Asbury University I give, devise and

bequeath to to my two grand sons Milton B.

Howard and Edward Howard sons of W. H. Howard.

In testimony wherein I the said Joseph

Howard have to this my last will and

testament contained in two sheets of paper, to this

first sheet thereof I have subscribed my name

AD 1870, and I hereby do constitute and appoint

George H. McGeill as executor of this my last will

and testament. Witness my hand and seal

Joseph Howard

continued,

signed, sealed and published and declared by said

Joseph Howard as his last will and testament

in our presence who at his request and in his presence

have subscribed our names as witnesses thereto.

Jonathan Rundall

George H. McGeill

Milton B. Howard

State of Indiana

Vermillion County

George H. McGeill one of the subscribing

witnesses to the within will being duly sworn

before the undersigned Clerk of the Court of Common

Pleas of said county on the 3rd day of May

deposes and says that he was present at the

execution of the within last will and testament

of Joseph Howard that he saw said testor

subscribe said will and heard him publish

and declare the same to be his last will

and testament; that he believes said testor at

the time of the execution thereof was of sound

mind and memory of full age not under any

coercion and that he signed his name thereto as

a witness at the request of said testor and in his

presence further saith not -

George H. McGeill

Sworn to and subscribed before me,

Witness my hand and the seal of said

court affixed at Newport the date above

mentioned -

Jas. A. Bell, Clerk

Recorded May 3.1871

Bell clk.