WILLS

 

 

WILLS

 

 

Philip Daily Will
b. 4 Feb 1816     d. 17 Feb 1875

 

The last Will and Testament of Phillip Daily of Utica Township, in the County of Clark, Indiana, considering the uncertainty of this mortal life, and being of sound mind and memory, do make and publish this my last Will and Testament, in manner and form following;
First.  I have given my children in notes one Thousand Dollars each, John M. Dailey, Sarah L. Dailey, Jacob B. Dailey and David V. Dailey.  I further give and devise to my eldest son on account of his inability to work, the sum of Fifteen hundred Dollars, to be paid out of my property, after the above are all arranged and settled it is my wish that all my Real Estate and Personal Property to be divided with my said children and respectively, share and share alike.  It is also my wish in dividing the Real Estate that my son John M. Dailey on account of his inability to work, to share the land in the bottom land near the Ohio River.

                        In Witness whereof I have hereunto set my hand and seal, this 1st day of May, 1874

 

                                                                                                                        His
                                                                                                               Philip Dailey  

                                                                                                                      Mark  (seal)

 

The above Instrument of one sheet was now here subscribed by Philip Dailey, the Testator, in the presence of each of us; and was at the same time declared by him to be his last Will and Testament and was, at his request, sign our names hereto as attesting witnesses.

 


                                                            Alex C. Poillon                    (seal)
                                                           Jesse C. Grimes                  (seal)
                        X “his mark”             Wm. J. Ross                        (seal)

 

State of Indiana,
Clark County.
                       
Boot Remembered, That , on the 27th day of February, 1875, Jesse C. Grimes, on of the subscribing witnesses to the within and foregoing last Will and Testament of Philip Daily, late of Clark County, deceased, personally appeared before the Clerk of the Civil Circuit Court of Clark 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 first day of May 1874, he saw the said Philip Daily sign his name to said instrument in writing as and for his last Will and Testament, and that this depment at the same time heard the said Philip Daily declare the said instrument in writing to be his last Will and Testament, and that the said instrument in writing was, at the same time, at the request of the said Philip Daily, and with this consent, attested and subscribed by the said Jesse C. Grimes, Alex C. Poillon and William J. Ross, in the presence of said Testator, and in the presence of each other as subscribing witnesses thereto, and that the said Philip Daily was, at the time of the signing and subscribing and the said instrument in writing, as affirms and, of full age that is more than 21 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 depment says not.

                                                                                                            Jesse C. Grimes

            Sworn to and subscribed by the said Jesse C. Grimes before me, John L. Ingram, Clerk of said Court, at Charlestown, the 27th day of February 1875.

(seal)               In attestation whereof I have hereunto subscribed my hand, and affixed the seal of said Court

                                                                                    John L. Ingram Clerk,
                                                                                    By Evan Shelby, Dpy

 

State of Indiana
County of Clerk SS:
           
I John L. Ingram, Clerk of the Circuit Court of Clark County, Indiana, do hereby certify that the within annexed last Will and Testament of Philip Daily has been duly admitted to probate, and duly proved by the testimony of Jesse C. Grimes, one of the subscribing witnesses thereto: that a complete record of said Will and the Testimony of said Jesse C. Grimes in proof thereof, has been by me duly made and recorded in Book F at pages 47 & 48 of the Record of Wills of said County

(seal)   In attestation whereof I have hereunto subscribed my
            name and affixed the seal of said Court, at Charlestown, this
            27th day of February 1875.

                        John L. Ingram, Clerk Circuit Court.

 

Filed and Recorded Feby 27th 1875

                                                John L. Ingram, Clerk

 

Obtained from
Clark County Courthouse
20 Apr 2005

 

 

 

JACOB DAILY
b. 1787 in Jefferson Co., KY  d. 14 Jun 1832 in Clark Co., IN

WILL OF JACOB DAILY
FILED 20 JULY 1832
AND RECORDED IN WILL
BOOK B PAGES 24-26

          Knowing that it is appointed unto all men once to die and being low in body but of right mind, I do hereby make this my last will and testament revolking all others.

Item 1st: After discharging all my just debts I do give unto my wife Isabella one third of the rent of the farm on which I now live and designated as part of No. 40 in Clarks Grant and also one third of (illegible) Interest of the proceeds of my personal property during her natural life. Item 2nd: It is my will that the remainder of the rent and interest of my said property be appropriated to the maintenance and Education of my Children. Item 3: On account of my son David having his arm broke and being otherwise unhealthy I do give unto him the sum of Twenty five dollars (illegible) out of my personal property to be appropriated to his education.
Item 4: It is my will that my said farm be divided amongst my seven Children in the following manner (illegible due to crease in original) Eighty Acres to be divided into equal shares according to the value betwixt my four eldest Children, Jacob, Mahala, Philip and Mary Ann together with one seventh part of my personal property to be given to each of them as they come of age. The said Eighty acres of land to be taken from that end of my said farm nearest the Ohio River the eldest to take their shares next to the said river. Item 5: Upon the death of my said wife Isabella I do give unto my three youngest
Children Elizabeth, David and John the remainder of my said and personal estate to be equally divided amongst them as they come of lawful age. Item 6: It is my will that my Brother David W. Dailey be and is hereby appointed my real Executor of this my last will and Testament and that he have (illegible) management of renting the farm and of disposing of all the other property according to profisions of this will

          In witness whereof I hereunto offer my hand and Seal this 10th day of June in the year of our Lord one thousand eight hundred and twenty nine in the presence of,

Wm Foster Jacob Daily *seal*
Christian Crum
John (illegible)

 

 

 

ISABELLE BARKER DAILY
b. 11 Dec 1792 in VA  d. 9 May 1853 in Clark Co., IN

ISABEL DAILY
WILL

Philip Daily Qualified
As Ex May 24 1853
C.P. Ferguson (illegible)



State of Indiana, Clark County (illegible)
I Charles P. Ferguson Clerk of the
Court of Commons pleas for said County
Certify that the (illegible) last will of Isabel
Daily late of Clark County deceased has
Been duly admitted to probate, and the due
Executor hereof this day proven by Theophilius
Robinson and that a complete record of
Said will and proof has been made in
will record D pages 107, 108 in my office
Witness my hand and seal
Of said court this 21st day of May 1853
Charles P. Ferguson
(illegible)

State of Indiana
Clark County

In the name of the Benevolent Father of all I Isabel Daily do make and publish this my Last will and Testament Item 1st.  I desire that my body be decently intered according to my means and standing in society justify and that all my just debts and funeral expenses be paid out of the first money that may come into the hand of my Executor.  Item 2nd.  I give and bequeath the property that God has blest me with and that I have accumulated since my widowhood in the following manner to wit first I give unto my Son Jacob Daily one hundred dollars 2nd to my Daughter Mahala Ross I give one hundred dollars 3rd.  To my Daughter Mary Ann Lutz I give one hundred Dollars 4th.  To my Daughter Elizabeth Mahan I give one dollar.  To my Grand Daughter Sarah Isabel Stratten I give fifty Dollars when she arrives at the age of twenty one years without interest in case she Should so long live but in case Said Sarah Isabel Should die before coming of age the Said fifty dollars is to be paid to my Son Philip Daily 5th.  To my son Philip Daily I give and bequeath all the residue of my moneys notes and stocks and one Bureau that sets in the West corner of my room. Item 3rd.  I do hereby nominate and appoint My esteemed Son Philip Daily Executor of this my last will and testament hereby authorizing him and empower him to collect and pay over the above legacies as they stand in this will and that what little other personal property that is in and about the house I desire my children will divide the same among themselves in an amicable manner.
I do hereby revoke all former wills by me made.
In Testimony whereof I have hereunto set my hand and Seal this eighth day of February A.D. 1853
Isabel "X" Daily

Signed and acknowledged
by said Isabel Daily as
her last will and testa-
ment in our presence and
signed by us in her presence.
Adam Koons
Theophilus Robinson

 

 

 

Elizabeth Daily Will

Will of Elizabeth Daily

 

Filed Feb. 14 1868

Item first it is my will that my just debts and all lawful chrages be paid out of my estate

Item Second I give and devise all of my personal estate to Mary Henthorn my sister and her heirs for ever.

Item third I give and devise one half of all my Real Estate to Mary Henthorn my sister and her heirs for ever.

Item fourth I give and devise one half of all my Real Estate to Enos M. Henthorn and his heirs for Ever.

I do hereby nominate and appoint Enos M. Henthorn my Executor of this my last will and testament hereby authorizing and empowering him to compromise and Adjust release and discharge (illegible illegible illegible) he thinks proper the debts due and claims due me  I do also authorize and empower him if it shall be come necessary in order to pay my debts to Sell By private Sale or in Such manner and upon Such terms of credit or otherwise as he may think proper all or any part of my Real Estate and (illegible)

{some of this is missing and totally illegible}

In testimony hereof I have hereunto set my hand and seal this 20th day of January in the year of our Lord 1868

 

Elizabeth "X" Daily                                    *seal*

Served and acknowledged by Said Elizabeth Daily as her last will and Testiment in our presence and Sined by us in her presence

Witnesses
David Baldwin
James R. Bottorff

State of Indiana, Clark County S. S.
              I do solomly swear that on the 20th day of January 1868, Elizabeth Daily signed the forgoing testiment of writing, and declared the same to be her last Will & Testament

 

 

Last Will and Testament of
Thomas H. Dailey

 

I Thomas H. Dailey Sr. of Clark County Indiana do make and publish this my last Will and Testament.

Item First:  It is my will that all my just debt be paid out of my Estate.

Item second: It is my will that my funeral expenses be paid out of my Estate.

Item Third: It is my will that my beloved wife Rachall Dailey shall have all my Estate both Real and personal during her natherall life time and at her deth all that may be left after funeral expenses and just debts be paid I give to my son David W. Daily to be his forever, provided he supports myself and my wife during our lives.

I do hereby revoke all former wills by me made.

            In testimony hereof, I have hereunto set my hand and seal this 7th day of November in the year 1882.

                                                            Thomas H. Dailey Sen (seal)

Sined and acknowledged by said Thomas H. Dailey Sr. as his last Will and Testament in our presents and sined by us in his presence.

                                                            Isaac N. Haymaker

                                                            David Baldwin

 

State of Indiana

Clark County

                                                            Be it remembered that on the 16th day of April 1885, David Baldwin one of the subscribing witnesses to the within and foregoing last Will and Testament of Thomas H. Dailey late of said County, deceased, personally appeared before the Judge of the Circuit Court of Clark 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 7th day of November 1882, he saw the said Thomas H. Dailey Sr sign his name by making his mark, to said instrument in writing as and for his last Will and Testament, and that this deponent, at the same time, heard the said Thomas H. Dailey Sr declared the said instrument in writing to be his Last Will and Testament, and that the said instrument in writing was, at the same time, at the request of the said Thomas H. Dailey, and with his consent attested and subscribed by the said David Baldwin x

Isaac N. Haymaker in the presence of said of said Testator, and in the presence of each other, as subscribing witnesses thereto and that the said Thomas H. Dailey 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 said deponent (?) believes, and further deponent says not.                                          David Baldwin

Sworn to and subscribed by the said David Baldwin before me the Clerk of said Court, at Jeffersonville the 16th day of April 1885.

 

(Seal)   In attestation whereof I have hereunto subscribed my name and affixed the seal of said Court.

                                                            Richard C. McGill

                                                                        Clerk

 

State of Indiana

Clark County SS:

                                                            I Richard C. McGill Clerk of the Circuit Court of Clark County, Indiana do hereby certify that the within annexed Will and Testament of Thomas H. Dailey Sr has been duly admitted to probate and duly proved by the testimony of David Baldwin, one of the subscribing witnesses thereto, that a complete record of said Will, and of the testimony of the said David Baldwin in proof thereof has been by me duly made and recorded in Book “G” at pages 332.333.and 334 of the record of Wills of said County.

 

(seal)                           In attestation whereof I have
                                    hereunto subscribed my name and
                                   affixed the seal of said County
                                   at Jeffersonville this 16th day
                                   of April 1885.

                                                Richard O. McGill  Clerk
                                                Circuit Court Clark County

Obtained from
Clark County Courthouse
20 Apr 2005

 

 

 

Last Will and Testament of Joseph Overman

SLCFHL Film #1633971
Will Records 1811-1875
Clark Co., IN

The last Will and Testament of Joseph Overman of Clark County.  I Joseph Overman considering the uncertainty of this mortal life and being of sound mind and memory (blessed by Almighty God for the same) do make and publish this my last will and testament in manner and form lawing (that is to say,) First I Will ____that may be by me in every touching the _____the same shall be fully and amply satisfied.  Secondly I will that one hundred acres of land as herein after described shall be sold at public sale the same lying and being as below beginning with Smiths and Alstotts corners thence within this line to make up a number one hundred acres by running across said tract and the balance of said tract or parcel of land terminate unsold for the use and bequeath of my loving wife Jane to have and to hold during her natural life and at her death to be sold at a public sale also one wagon and one Sorrel Horse and one ___with sundries of other____of farm utensils, (I will that my beloved wife Jane shall have one equal third of all the sale monies and the remaining to be equally divided among my children so as to make them all equal in what some have already received.

I hereby appoint my loving wife Jane and trusty friend Peter Amick as guardian for my monor heirs until they shall arrive to the age of twenty one and as they arrive to a lawful age to have their equal portions and I appoint my trusty friend Peter Amick as sole executor of this my last will and testament as witnessed my hand and I seal this 28 day of August eighteen hundred and thirty.

Signed, sealed and delivered in the poresence of as by the presence of us testator.

Elias Long
Daniel Covert
Burgon Covert

 

 

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