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Partial transcription of John Linebarger's will. Brackets [ ] indicate that the original is not clear.


In the name of God; Amen. I John Linebarger of Parke county in the State of Indiana, being far advanced in years, and being admonished that I must in the order of nature soon die, and being anxious to dispose of my worldly estate whilst I live, and being now of sound mind and memory do make and publish this my last will and testament in manner and form following, to wit: my soul I commit to the hands of Almighty God, who gave it, and my worldly estate I dispose of in the manner and form following, to wit: It is my will first that my funeral expenses and all my just be paid as soon after my decease as practicable. 1st I will and bequeath unto my beloved wife, Mary Linebarger, one hundred dollars, to be paid her as soon after my decease as practicable, also the following personal property to wit; two beds, bedding, and bedsteads, two milch cows, sixhead of sheep, one bureau, two setts of silver spoons, one tea and the other table spoons, and falling leaf table, all the cupboardware, all which property to be selected by her, and delivered over by my executors as soon as demanded. I also will and bequeath unto my wife Mary fifty dollars annually during her natural lifetime, to be paid her semi annually, by my two sons Andrew Linebarger & John Linebarger, out of their own estates, said semiannual payments to commence six months after my decease. I also will and bequeath unto my wife Mary the full possession and enjoyment of the west or log part of the dwelling house in which I now live, also the joint use of the spring near said house, also the use and occupancy of the garden, with sufficient food and pasturage for her sheep and cattle, to be furnished her by my sons Andrew and John out of their own estates: It is my will that should the above bequests be insufficient for the comfortable support & maintenance of my wife that then my sons Andrew and John shall furnish a sufficiency of all the necessaries of life to make her comfortable. All which property hereby bequeathed to my wife shall be used, and disposed of by her as her own, during her lifetime. It is my will that at the death of my wife all the money and property she may then have shall be equally divided among all my children, and the children of my son Henry Linebarger, that is, the children of Henry Linebarger to receive jointly a share equal to my own children. I will and bequeath unto my sons John Linebarger Jr and Andrew Linebarger my undivided one third part of the following described tract of land, to wit; The W 1/4 of the W. fraction of the N.W. qr. of section 7. Town [] R.8 West containing 6[7] acres and 5[6] hundredths. I also will and bequeath unto my son Andrew Linebarger that part of my real estate described as follows, to wit; being in sections 7 & 8. Town [] N. of R 8 West, in Parke County, and bounded as follows, to wit, commencing at the S.W. corner of said Sec. 8, thence W. 40 rods to a Stake, thence N. [] poles to a stake, thence [] 40 rods to a stake, thence S. 39 degrees 6.74 poles along the road to a stake, thence E. 40 rods to a stake, thence S. 39 degrees E. 74 poles along the road to a stake, thence N. 99 degrees E. 98 poles to a stake, on the section line, thence S. with said line 55 poles to a stake, thence in S.E. direction on the old reserve boundary line 68 poles where it strikes the section line dividing [] R.8W, thence West with said sec. line to the place of beginning, to him and to his heirs and afsigns forever, containing 146 acres. I will and bequeath unto my son John Linebarger Jr. the following portion of my real estate, situated in sections 7 & 8 in []16 R.8 bounded as follows, to wit, commencing [] poles N. of the S.W. corner of the said tract bequeathed to my son Andrew Linebarger, thence N. 89 poles to a stake, thence E. [] poles to a stake, thence N. to the old Indian reserve boundary line, thence in a S.E. course with said line until it strikes the W. line of a tract of land deeded to my by Peter Warner & wife, by deed dated January 27th 1835., thence N. with said line to the N.W. corner of said Warner tract, thence E. 80 poles, thence S. 70 poles to a stake at the N.E. corner of the tract above bequeathed to Andrew Linebarger; thence in a S.W. course, with the N. line of said Andrew Linebarger's tract to the place of beginning, containing about 15[] acres, to him and to his heirs and assigns forever. And it is my will that the tract of land purchase by me of David Hougham & wife and Jonathan Hougham by deed bearing data the [] day of December 1824, being part of the E 1/2 of sec. 7 T. []6 R.8.W containing 18 acres more or less, be rented out by my Executors hereinafter mentioned from time to time until the expiration of ten years after my death on the best possible times, unless the same can be sooner sold at the rate of fifty dollars per acre, but whenever the same can be sold for that sum it is my will that my executors sell the same and execute to the purchaser a deed of conveyance therefor, said tract of land to be sold at private sale, and should said land not sell for the price above mentioned, within the term of ten years, it is my will that my Executors do then proceed to sell the same for the best possible price, and execute a deed therefor as above mentione, and out of the first rents realized from said Land, if any such be realized, or out of the process of the sale thereof, it is my will that my executros. pay to my nephew John Duncan the sum of one hundred dollars. And it is my will that the residue of the proceeds of the sale of the said tract of land be equally divided among all my children, and children of my son Henry deceased, that is, the said children of my said son Henry to receive jointly a share equal to one of my own children. It is my will and desire that my Executors proceed to sell at private sale lot No 3 of fractional Sec. 12 T[] R.9W. containing 38 acres, except 4 or 5 acres sold to G.P.Davis as soon as a fair price can be had therefor, and that until the same can be so sold, it be rented out by my Executors, And it is further my will that the proceeds of the said sale, and rents which may be realized from said tracts of land be equally divided among all my children, and the children of my son Henry as above mentioned. I will and bequeath unto Elizabeth Cally, a bound girl one bed, bedding and bedstead, and one [cair], to be paid her by my Executors, according to the article of agreement between her father and me. And it is further my will, and I do direct that my sons Andrew & John in consideration of the property bequeathed to them above, do pay my sons Lewis--the children of my son Henry--George, and to my daughters Lavina Duncan, Nancy Cook & Polly Holden, the sum of Eighteen Hundred dollars, one half of which to be paid in two years, and the residue in four years after my decease, the said sum of eighteen hundred dollars to be equally divided between the said Lewis, the children of Henry, George, Lavina, Nancy & Polly, the said children of the said Henry to receive jointly a share equal to one of my said other children. And it is further my will and I do direct that my sons Andrew and John procure and cause to be kept in good order and repair the fences on the said 18 acre Tract of land which I purchased of the said Jonathan Hougham & David Hougham, until the said tract can be sold as above directed, and that the expenses incurred in making and keeping up said fences be paid out of the rents realized from said tract. And lastly, I do hereby nominate, consititute and appoint my sons, Andrew Linebarger, and John Linebarger Jr. Executors of this my last will & testament. I do hereby revoke all former will by me at any time heretofore made. In testimony whereof I have hereunto set my hand and seal this [11]th day of October A.D. 1845.
Signed, sealed and published and       |    John Linebarger {seal}
declared by the above named John       |
Linebarger, to be his last will & tes- |
tament in our presence.                |
             R.[D.] [Ranche]           |
             Joseph B. Cornelius       |
             John G. Davis             |