Last Will and Testament of Peter Swihart
In the name of God I Peter Swihart of Kosciusko County and the State of Indiana considering the uncertainty of this mortal life and being yet in sound mind and memory thanks be to Almight God for the same, do publish this my Last Will and Testament in matter and from following, that is to say,
First is it my will that after my decease all just debts which may be by me owing at my decease and my funeral expenses together with the expense of carrying into effect this, my last will be fully paid and satisfied.
Secondly, it is my will that my beloved wife Elizabeth shall hold and be in full possession of both real and personal property which may be belonging to me at my decease and to have the use of the same during her natural life time or until the day of her second marriage except so much thereof as may be necessary to discharge the claims first mentioned if they cannot otherwise be discharged.
Thirdly it is my will that after the day of the decease or second marriage of my beloved wife whichever may first happen, my son Mathias shall have possession and be lawfully seized of all the premises heretofore mentioned by paying to my lawful heirs as hereafter divided this is, to my wife in case she should be married a second time twenty dollars, to my son Ezekiel five dollars, to my son John five dollars, to my son Israel five dollars, to my son George five dollars and to my other children, namely Hannah, Elizabeth, Abalene, Samuel, Eli and Edward each twenty dollars, a sum not exceeding fifty dollars in one year after the day of my wifes death or second marriage. Another payment of the same amount in one year after the time of the first payment, the remainder in one year after time of the second payment to be annually divided among the aforementioned heirs until each one had the amount before mentioned and it is my express will and meaning that my son Mathias shall provide for my aforementioned wife that she may have a comfortable living during the time heretofore mentioned or forfeit his claim on the premises herein willed to him
And lastly to carrying into effect this my Last Will and Testament I appoint my trusty son Mathias Solo Executor of the same.
In witness whereof I have hereunto set my hand and seal this Seventeenth day of August in the year of our Lord One Thousand Eight Hundred and Fifty-Eight.
At the request and in the presence of the above testator we the undersigned have subscribed our names as witnesses here unto.
The State of Indiana
Be it remembered that on the second day of November 1961 William Knepper, one of the subscribing witnesses to the within foregoing Last Will and Testament of Peter Swihart late of said county deceased personally appeared before Thomas Woods, Clerk of the Court of Common Pleas of Kosciusko County in the state of Indiana and being duly sworn by me, the clerk of said court upon his Oath declared and testified as follows, that is to say that on the Seventeenth day of August 1858 he saw the said Peter Swihart sign his name to said instrument in writing as and for this last will and testament and that this deponent at the same time heard the said Peter Swihart declare the said instrument in writing to be his Last Will and Testament and that the same instrument in writing was at the same time at the request of the said Peter Swihart and with his consent attested and subscribed by the said Conrad Brumbaugh and William Knepper and in the presence of each other as subscribing witnesses thereto and that the said Peter Swihart was at the time of the signing and subscribing of the said instrument in writing as aforesaid of full age, that is more than twenty-one years of age, and of sound and dispensing mind and memory and not under any coercion or restraint as the said deponent verily believes and further deponent says not.
Affirmed and subscribed by the said William Knepper before me Thomas Woods, Clerk of the said Court at Office this second day of November 1861 in attestation wherefore I have hereunto subscribed my name and affixed the seal of the said Court
Thomas Woods Clerk
By Above Deputy