Bearing many clues to Jude's Holmes ancestry...
William Holmes [elder], Last Will and Testament
In the name of God, Amen!
I, William Holmes of the County of Marion and the State of Indiana being weak in body but of sound and disposing memory do make and ordain this to be my last will and testament touching the property which God in his providence had seen fit for me to acquire.
In the first place I hereby request my executor to see me decently buried, and in the next place to pay all my just debts if I owe any.
I will and bequeath to my beloved wife Martha one third part of all the personal property of all the money I shall die possessed of as well as one third part of all money due me or which may become due & one third part of all my choses in action the above is given in exclusion of her right of dower in the lands & real estate hereafter named.
Thirdly I will and devise to my beloved son William Holmes --- his heirs & assigns forever all that part of the north west quarter of section eight in township fifteen, north of range three east in the district of lands offered for sale at Indianapolis which has not heretofore been sold to said William my son & Jacob Kunkle.
Fourthly I will, bequest and devise to my beloved daughters Mary Cossel, Jane Holmes, Sarah Griffin, & Elizabeth Harding their heirs & assigns forever all the north east quarter of section seventeen in township fifteen north of range three east in the Indianapolis land district. Also I will and devise to my said daughters their heirs and assigns forever all of my right --- interest in the southeast quarter of section six in the township & range aforesaid being as supposed between twenty-five and thirty acres of land be the same more or less & which --- & attest of mine in said last named quarter of section. Further I will and bequeath to my beloved daughters two thirds of all the property personal money which I shall died possessed of and also two thirds of all the debts that shall be then due me & also two thirds of all my choses in action.
Fifthly I do hereby appoint my son William Holmes & my son-in-law Robert Harding executors of this my last will and testament. I hereby revoke all wills and codicils heretofore made by me. Given under my hand & seal this 18th day of August A.D. 1837.
William Holmes (his mark) SEAL
Signed, sealed, executed, and acknowledged as the last will and testament of the first names William Homes in the person & presence of each other Sally Wollen
H.P. Coburn
State of Indiana
Marion County
Be it known that on the second day of September in the year one thousand eight hundred and thirty-seven Henry P. Coburn and Sally Wollen the --- being witnesses to the within and foregoing instrument of writing came personally before me, Robert B. Duncan, Clerk of the Probate Court of Said County, who being by me duly sworn upon their oath say that the within named William Holmes signed, sealed, published and declared the within and foregoing instrument of writing to be his last will and testament in their presence that they believe he was at the time thereof of sound disposing mind and memory and that they subscribed their names as witnessing the same in his presence and at his request and further say not. In testimony whereof thereunto subscribe my name, date above as written. Robert B. Duncan
Recorded March 28 1839
N.B. According to a very bad photograph of his headstone, William Holmes the Elder was born on 25 December 1760. The cemetery where he and many other members of the family were buried was destroyed. All the family's remains were moved to Crown Hill Cemetery in Indianapolis where they were re-interred in a mass grave. The monument in the foreground is William Holmes the Younger's.
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Marcy Lyon's Last Will and Testament
In the Name of God - Amen. I Marcy Lyon of the County and State of Indiana being weak but of sound mind and memory do make and publish this my last will and testament in --- and form following --- :
First: I desire that my body be decently interred and that my funeral expenses and just debts be first paid and -- ---- after any --- ---- --- out of the first money that should come to the hands of my Executor from any portion of my estate.
Second: I desire that my daughter Phebe Wilcox of Montgomery County Indiana have my bed, bedstead and curtains, bedding consisting of one feather, one --- bed, two pillows, two coverlets, two blankets, and two sheets.
Third: I will and bequeath to my daughter Elizabeth Holmes all the rest of my personal property which is now in her possession.
Fourth: I will and bequeath to the children of my daughter Joansia Robison deceased all the balance of the money or debts due me when collected to be equally divided among them.
Fifth: It is my expressed desire that my son in law and daughter, William Holmes and Elizabeth Holmes will compensated and paid for all trouble they have had with me or may hereafter have, which compensation he is hereby authorized to keep in his hands out of any moneys they may receive or which may come into his hands.
And I hereby make and ordain my worthy and esteemed Son in Law William Holmes Executor of this my last will and testament hereby making void all former wills by me made. In Witness Whereof I Marcy Lyon the testatrix have hereunto set my hand and seal this third day of January One thousand and Eight hundred and thirty Eight.
Marcy Lyon (her mark) SEAL
Signed, Sealed, published and declared by the above named Marcy Lyon as her last will and testament in the presence of us who have hereunto set each of our names as witnesses thereto in the presence of the testatrix and the presence of each other. James Johnson, Peter Hartzell, Felicity (her mark) Hartzell
The State of Indiana Marion County. Be it known that on the 11th day of January in the year 1841 James Johnson and Peter Hartzell came personally into open court, the Probate Court of the County aforesaid, and after being duly sworn, deposed and said that the within named Marcy Lyon executed, published, and declared the within & foregoing instrument of writing to be her last will and testament, and made her mark to her name which was signed by said Johnson by her express directions, that the same was done in their presence, that they described the same as witnesses in her presence and at her request & in the presence of each other. In --- of which I, Robert S. Duncan, Clerk of said Court, set my hand the date aforesaid.
R.B. Duncan
(Recorded January 11th 1841)
Marion County Indiana , will
{N.B. The Elizabeth named above was married to William Holmes the younger. Marcy was Nathaniel Lyon's widow.}
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William Holmes (younger), Last Will and Testament
(Book C, pg 100, Marion County IN Wills)
I, William Holmes of Marion County in the State of Indiana, being at this time in ordinary health and of sound, disposing mind and memory to make ordain, publish and declare this writing to be my last will and testament, hereby revoking and making void any former wills by me made.
Item 1 - I will and direct that all my just debts and funeral expenses be paid by my executor as soon after my death as possible out of the first money that shall come into his hands from my personal estate.
Item 2 - All my estate real and personal remaining after the payment of my debts and funeral expenses as above provided, I will, devise and bequeath unto my beloved wife, Elizabeth Holmes, to be by her held used, possessed and enjoyed for and during her natural life, full power and authority being hereby given to her to sell at any time and at her pleasure any part of such personal property or the increase thereof, and to use the proceeds of such sale, together with any moneys, which may come into her hands for her support and the support of my daughter, Sarah Holmes. This provision in favor of Sarah to extend while she remains unmarried. Should my wife survive me until she marries otherwise to terminate at the death of my wife.
Item 3 - At the death of my said wife (should she survive me, otherwise at my death) I will, devise and direct that all my estate, both real and personal, which shall then be remaining together with the increase thereof, shall be equally divided between my children, namely: my sons, John Holmes, Jonathan L. Holmes, William C. Holmes, Ira N. Holmes, Uriah Holmes, and Noah Holmes, and my daughters, Mary Lyons, wife of Nathaniel Lyons, Sarah Holmes and Elizabeth Johnson, wife of John Johnson and my grandchildren, Marion Harris and Martha Ellen Harris, children of my deceased daughter, Martha Harris, said Marion and Martha Ellen to have the share which their mother would have received if living in an equal division of my estate amongst my heirs. My said children and grandchildren to have, hold, possess and enjoy the estate so bequeathed to them respectively as aforesaid, to them and their heirs and assigns in fee simple, subject only to the conditions and limitations hereinafter set forth.
Item 4 - At the dead of my said wife (or in case I survive her, then at my death) I direct that my executor sell at public auction all my personal estate then remaining with the increase thereof in the manner provided by law at such time for the sale of personal estate of inestates and after converting the same into money, to divide the same between my children and grandchildren in the manner above bequeathed to them that he pay the shares of my said children, to them, and use and appropriate the share of my said grandchildren, in the manner hereinafter directed. I further direct that my real estate be divided amongst my said children and grandchildren according to the shares above bequeathed to each if the same can be done to the advantage of the whole, but if it cannot be so divided, then and in that case the same shall be sold by my executor, and the money arising from such sale be deivided between them according to the bequests as to them as aforesaid.
Item 5 - I hereby will and direct that so much of the bequest herein made to my grandchildren Marion Harris and Martha Ellen Harris as shall be converted into money shall be loaned out at interest by my executor and kept at interest until said grandchildren respectively arrive to the age of twenty one years, interest to be paid annually and that my executor have the sole charge and management of the real estate which may be set apart to them until they respectively attain the age of twenty one years and that during such time my said executor appropriate and apply the proceeds of such real estate and the annual interest form such money if necessary to the support and education of my said grandchildren her being the judge of such necessity and if not so necessary that he put the same to use, making interest thereon payable annually until the majority of my said grandchildren at which time the principle and all accruing interest thereon after paying to my executors a reasonable amount for his service, shall be paid over to my said grandchildren by my executor.
It is my wish and I hereby will and direct that in case either of my said grandchildren shall die before attaining 21 years of age and without leaving legal issue of his or her body, then and in that case the share of such deceased grandchildren shall go to the surviving and in case of both of such grandchildren shall die before attaining the age of 21 years and without leaving legal issue of their body, then and in that case, the share of such grandchildren above to them, both real and personal estate shall go to and be equally divided between my children herein above named and the descendants of any of them which may be dead.
Item 6 - For the purpose of making partition of my real estate between my legatees above named I will and direct that as soon after the death of my wife ( should she survive me, otherwise after my death) as a majority of my children above name shall determine, they shall select three discreet, disinterested freeholders of said county of Marion as commissioners to make such partition, said commissioners to take and oath at the time, directing the manner in which real estate shall be partitioned and shall make a report of their doings in the promises to the proper court, having jurisdiction of my real estate amongst my said legatees the same shall be recorded and adjusted to be full and final partition and division of said real estate amongst said legatees and their heirs and assigns forever. But should it appear by said report that said estate cannot be divided without damage to said distributees or some of them, then and in that case, said real estate shall be sold by my executor at public or private sale by my executor in such manner at such time and upon such terms as to payments as a majority of my children above named may direct in writing to be by them executed and filed with other papers relating to such a sale.
Item 7 - It is my wish and I hereby direct that my executor in taking out letters testamentary on my estate shall not be required to give bond in an amount covering my real estate unless at such time he be directed to sell such real estate as provided in item 6 above, but before selling said real estate he shall give bond covering said real estate with surety to the approval of the proper court or clerk.
Item 8 - I have loaned to my son Jonathan L. Holmes, $1200.00 without interest for which I hold his note, and to my son William C. Holmes, the sum of $800.00 with interest for which I hold his note. In case such notes shall not be paid at the time of my death, I direct that the same shall not be collected but shall be considered as an advancement to my said sons and to be by them accounted of in the distribution of my estate.
Item 9 -In case any one or more of my children above shall die before me leaving heir or heirs, the share of such deceased child above bequeathed shall go to such heir or heirs but should any of such children die without issue, the share of such child shall be divided amongst my children and grandchildren according to the rule of distribution above directed and be subject to the same limitations.
Item 10 - I hereby constitute and appoint William C. Holmes, executor of this my last will and testament and in case of his death or refusal to act, then in and that case, I appoint Robert B. Duncan executor to this my last will and testament.
In witness thereof I hereunto set my hand and seal in the presence of Nathan B., Palmer and David S. Beaty, who I request to bear witness to this my last will and testament this 24th day of January 1857.
William Holmes (seal)
Witnesses: N.B. Palmer
David S. Beaty
Recorded - March 15, 1859
~~~
Will of Nathaniel Lyons
Will Book B, pages 418 through 421 Montgomery County, Ohio Sep 12, 1833 (Transcription by M. E. Baker)
In the name of God, Amen, I Nathaniel Lyons of German Township, Montgomery County and State of Ohio, being in imperfect health of body but of sound and disposing mind, memory, and understanding, knowing the calamity of death and not knowing the time thereof, and having a desire of settling my worldly affairs before it shall please God to call me hence, do make and constitute this my last will and testament in (manner?) following that is to say.
First I commit my body to earth to be decently buried and my soul to God who give it (?) me, and my worldly estate which it has pleased God to grant unto me. I will and direct my herein after named Executors to dispose thereof in the following manner to wit: In the first place as soon as convenient after my death I direct my said Executors to take charge of all my goods, property, and effects and discharge my just debts and funeral expences and in due time and (season?), make sale of my real and personal estates, (accept leaving my widow such articles of personal property as she may want for her comfort and convenience and out of my whole (real estate) as much as will keep and maintain her decently for and during her few remaining days of her natural life) which shall be provided for her by my said Executors, and further in the disposal of the assetts of my estate I will and devise to my son Jotham two hundred dollars for his legal share and should my estate reach
as I directed it to be divided my said Executors shall allow him to the amount of four hundred dollars for his service or work which he done for me after he became of age.
2. I will and direct that should I leave this world before delivery of a deed of conveyance which is executed and made to my daughter Mary Winkley for a tract of land whereon she lives and occupies lying in Indiana that my said Executors shall make delivery according to law to her said deed for her full share and portion which I grant to her besides One hundred dollars to her son John Winkley (?when) arrive to his age (?).
3. I will and direct that my daughter Sarah shall have One hundred dollars, to my Grand Sons Richard and William Taylor each of them One hundred and fifty dollars, and her said daughters my grand daughters Jane and Hannah Shearer each One hundred dollars when the(y)arrive to their lawful age or marriage.
4th I will and direct that my daughter Pheby shall have One hundred dollars, and
to each of her daughters, namely Eliza Ann, Marcy, Charlotte and Licrecia (Lucretia?) One hundred dollars each of them when they may arrive at their lawful age or marriage.
5th I will and direct that my daughter Elizabeth my daughter shall have One hundred
dollars and to her sons and daughters, my Grand Children, namely to John, Nathaniel, and Marcy Holmes each of them One hundred dollars, and further I will and devise to my Grand Son John Holmes when he arrives to his lawful age the Tract of land containing forty acres lying near to Indianopolis in Indiana, and that his father shall immediately take it into possession and care until the said John arrives of age and should he not survive or live, I direct it sold and equally divided to Elizabeths children
6. I will and direct my hereinafter named Executors shall proceed immediately to sell and dispose of my estates after making comfortable arrangements for my beloved wife that is to say after my death and as soon as the assetts come to hand pay each in proportion to their share, and further should my estate not reach to pay each the amount so expressed herein to be proportioned each and should an Overplus be left after exposing and settling up all the within mentioned properties or portions then and in that case to be further distributed to each of the within named legatees or to their heirs within mentioned after paying all reasonable expences and (???)
to my said Executors and all persons claiming any legal services, share and share alike.
7th and lastly, I do hereby Constitute and Appoint and by these presents do hereby
Constitute and Appoint John C. Neglyand John McClure (Senr?) to be my said Executors
of this my last will and testament revoking and annulling all former wills and testaments by me made satisfying and confirming this and no other to be my last will and in Testimony I Nathaniel Lyons do set my hand and seal
this seventh day of July in the year of our Lord one thousand eight hundred and thirty three.
Signed, sealed and Nathaniel Lyon(s?) published by the Testator as his last will and
testament in our presence, witness our hands J. P. Achey, D. Stamm John Schweitzer Codicil
Before signing the testor annexed or caused
the codicil to be annexed that is to say that he will and directs if the estate reaches to (???) each of his daughters Joanne Robinson children Fifty dollars and if not sufficient to each a (less?) proportion according to the judgment of said Executors. Nath'l Lyons at same time and place the testator signed and acknowledged the annex- ed codicil present (???) July 7, 1833 J. P. Achey D. Stamm
Jno Schweitzer
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Elisha Bennett, His Will
Second Term, 1835
Will Book B, Pg 534; File No. 0716
In the Name of God, amen. I Elisha Bennett of Guilford County, & State of North Carolina this nineteenth day of December in the Year of Our Lord Eighteen Hundred & thirty-five Being of sound memory , but calling to mind the mortality of my body and knowing that it is appointed for all men once to die, Do make this my last Will and Testament. In Manner and form as follows. In the first place I Recommend my soul to the Hands of God who gave it & my Body I recommend to the Earth to be buried in a Christian & decent Manner at the directions of my Executor hereinafter named - - -
Imprimur, My Will and Desire is that all my just debts that I owe and funeral expenses be fully paid out of my Estate----
Item, I Will & Bequeath to my son-in-law Thomas Breedlove one dollar to be paid out of my estate--
Item, I Will & Bequeath to my son Levi Bennett one dollar to be paid out of my estate--
Item, I will and bequeath to my son David Bennett one dollar to be paid out of my estate--
Item, I Will and Bequeath to my son-in-law Martin Staley(?) and my daughter Nelly one dollar--
Item, I Will and Bequeath my son John Bennett one dollar to be paid out of my estate--
Item, I Will and Bequeath to my son Daniel Bennett the Property hereafter mentioned--
Item, my Will and Desire is that Daniel Bennet's children Temperance & Dorris Monroe draw a sixth part of my estate not otherwise distributed--
Item, my Will and Desire is that Elizabeth Shafner have a sixth part of my Estate not otherwise appropriated--
Item, my Will and Desire further is that Sally Coble & Peter have a sixth part of my Estate not otherwise appropriated--
Item, my Will and Desire further is that my son John's children have a sixth part of my estate--
Item, my Will and Desire further is that my Tract of land lying on Standing Quarter adjoining the lands of John Eulip, Levi Bennett, & Jacob Coble & others after my death shall be sold for five hundred dollars payable in Installments of fifty dollars per year & if it does not sell at that price the Land shall be [rented?] out till time out of mind--and the proceeds to be applied as before mentioned, and that I the said Elisha Bennett do hereby certify that this is my last Will and Testament. Renouncing through it Disannulling all other further Wills or Wills earlier Executed, Certifying this & this only to be my last Will and testament.
In Witness whereof I have hereunto set my hand & seal the ... & year first written.
Sign, Sealed Acknowledged
& Delivered.
Elisha Bennett
In presence of
Unreadable
Unreadable.
[Note at bottom of page: Who {prove?} the hand writing of the others... but I think he had left the county.]
State of North Carolina
Guilford County August Term 1835
[The remaining words are difficult to decipher; they seem to indicate that the will was accepted as Elisha Bennett's and was recorded]
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For More about who these people were, see Descendants of William Holmes.