Hugh Abernathy

Will of Hugh Abernathy

20 Jan 1825

I, Hugh Abernathy, a citizen of the County of Franklin in the State of Indiana, do declare this my last Will and Testament, revoking all others. First, All my debts are to be punctually and speedily paid, and the legacies herein bequeathed are to be discharged in the manner directed therein. To my dearly beloved Wife Mary Abernathy, her heirs and assigns forever, I bequeath my whole Estate both real and personal except such parts thereof as are hereinafter otherwise disposed of, the same being given to her instead of her dower. Item: Having heretofore given to each of my two sons John Abernathy and Robert Abernathy a tract of land worth five hundred Dollars, the title whereof is hereby further confirmed to them, their heirs, and assigns forever, I hereby give and bequeath unto the said John and Robert one Dollar each to be paid out of the proceeds of my Estate. Item: To my daughter Isabel Bolan, I give and bequeath one dollar to be paid out of the proceeds of my Estate, having heretofore given to her Sundry goods and chattles to the value of at least twenty five dollars. Item: To each of my three daughters, Nancy Rusing, Jane Morrow, and Sally Rusing, I give unto and bequeath one dollar, having heretofore given to the said Nancy, Jane, and Sally Sundry goods and chattles, and some cash to the value of at least twenty dollars each, it being as I believe their equitable Share of my Estate. To my daughter Nelly Abernathy, I give and bequeath a certain desk now in my house worth ten dollars, two beds now in my house each worth five dollars, one white cow now on my farm worth Eight Dollars and one white and red cow also now on my farm worth six dollars, provided that if at my death I should not be possessed of all or either of the aforementioned articles, there shall be paid to her in cash out [of] proceeds of my estate the sums annexed to them respectively for such as I may be destitute of. Item: To each of my three sons James Abernathy, William Abernathy, and Benjamin Abernathy I give and bequeath one dollar, having heretofore given to the said James, William, and Benjamin each a tract of land Situate in the County of Franklin and State of Indiana, each worth at least one hundred Dollars, the title whereof is hereby further confirmed to them, their heirs, and assigns forever. Item: To each of my two sons Richard and Thomas Abernathy, I give and bequeath one Dollar, having given to each of them heretofore property to the value of one hundred dollars. Item: To each of my two sons Moses and Kilam Abernathy, I give and bequeath one dollar, having recently given each of them one hundred in cash. Item: to my Grandson William Burns I give and bequeath one Dollar, having heretofore given to his mother Mary Burns formerly Mary Abernathy during her lifetime sundry goods and chattles to the value of twenty five dollars. Item: To my two sons George and Samuel Abernathy I give and bequeath the farm on which I now live, it being a part of the East half of the north east quarter of Section Ten in Township Ten of Range two West of the Meridian line drawn from the mouth of the Great Miama River, but untill they both arrive to the age of twenty one years, I wish it to be destinctly understood, that their mother shall have the privilege of occupying the samd farm should she so long live, and to appropriate the rents and profits thereof to her own support and to the support and education of the said George and Samuel, whom I desire may remain with their said Mother until they arrive to the age of twenty one years respectively. In case either the said George or Samuel should decease previous to his arriving to the age of twenty one years if he should leave no children, his part shall accrue to one who survives. In case the said George and Samuel should both decease before they shall have arrived to the age of twenty one years and leave no children, the said farm is hereby given and bequeathed to my said Wife during her life time and to her heirs and their heirs and assigns forever. In case there should not be monies on hand or recoverable debts sufficient to discharge my past debts, and the several legacies herein bequeathed, I direct so much of my personal estate to be sold and turned into cash as may be necessary for the same. Lastly, I constitute and appoint my son Robert Abernathy and my son-in-law Robert Rusing Executors of this Will and Testament. In testimony whereof I have hereunto set my hand and affixed my seal this twentieth day of January in the year of our Lord one thousand Eight hundred and twenty five.

Hugh Abernathy (seal)

We certify that Hugh Abernaty did declare this instrument to be his Will and Testament and did thereupon sign and seal the same all in our presence, and that we subscribed our names hereto in his presence on the 20th day of January, 1825.

Daniel Ogden

Justus Toll

Source: Union County, IN Will Book 1, p. 24-26

GEDCOM Source

@R1100722907@ U.S., Find A Grave Index, 1600s-Current Ancestry.com Ancestry.com Operations, Inc. Find A Grave 1,60525::0 1,60525::96222553

GEDCOM Source

@R1100722907@ U.S., Find A Grave Index, 1600s-Current Ancestry.com Ancestry.com Operations, Inc. Find A Grave 1,60525::0 1,60525::96222553

GEDCOM Source

@R1100722907@ U.S., Find A Grave Index, 1600s-Current Ancestry.com Ancestry.com Operations, Inc. Find A Grave 1,60525::0 1,60525::96222553

GEDCOM Source

@R1100722907@ Ancestry Family Trees Online publication - Provo, UT, USA: Ancestry.com. Original data: Family Tree files submitted by Ancestry members. Ancestry Family Tree http://trees.ancestry.com/pt/AMTCitationRedir.aspx?tid=84174740&pid...