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.
Conrad Brumbaugh
William Knepper
The State of Indiana
Kosciusko County
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.
William Knepper
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