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the last Will and
Testament of
Elizabeth Brown
In the name of the benevolent father of all
I Elizabeth Brown
widow of George W Brown deceased of Shelby County and
State of Indiana do make and publish this my last Will and Testament
Item First
I give and devise to my son George
W Brown subject to the charges relinquishments
and conditions herein after expressed the following described tracts of land situated in Shelby County and State
of Indiana to wit Beginning at the South East corner of the North East quarter of section five in Township Twelve
(12) North of Range Eight (8) East and running thence North sixty rods thence West to the West line of said North
East quarter Thence South Sixty rods to the south West corner of said North East quarter thency East to the place
of beginning containing Sixty acres more or less and also Forty Rods in width off the North end of the West half
(1/2) of the south East quarter (1/4) of said section containing Twenty acres more or less upon condition that
after my decease he shall surrender up to my executor or Administrator to be canceled or otherwise relinquish to
my estate all demands against said estate arising by virtue of three promissory notes now held by him executed
by me and A T* Brown to Valentine Friday
and by him assigned to said George W Brown. One of said notes being for the sum of Three hundred and fifty dollars
due Dec 23rd 1864 and dated Jan 7th 1863 with interest from date. said note being secured by mortgages on the real
estate above described and one of said notes being for the sum of fifty five dollars dated Jan 23rd 1863 and due
twelve months after date and the other of said notes being for the sum of $38.50 dated April 9th 1864 and due Dec
25 1864. Or cause said notes to be so delivered up relinquished and canceled and upon the condition that within
one year after my decease he shall pay to the children of William Brown
my deceased son then living to wit Thomas and Samantha Brown
to be divided equally between them the sum of one hundred and Seventy Five dollars to my daughters Mary Ann Crail Hannah E Burton and Emeline Burton
and my sons John O Brown and Adam T* Brown
the sum of one Hundred and Seventy five dollars each provided that said G W Brown Shall have the privilege
of giveing his promissory notes with good personal security due one year after my decease for the respective amounts
of money to be paid by him to my said sons and daughters and children of my said son above named and the giveing
of 4 said notes thus secured shall be a compliance of the
condition of payment herein expressed and provided also that said George W Brown shall have fifty acres of the
land above described being the undivided Five Eighths portion of said lands on the [?] either giveing said notes
or making said payment provided he shall relinquish all demands for the notes above described.
Item 2nd
I do hereby nominate and appoint Andrew Jarrell executor of this my last
will and testament
Item 3rd I herey revoke all former wills by me made
In Testimony hereof I have hereunto set my hand and affixed my seal this Twenty Third day of August in the year
1865
her
Elizabeth X Brown
mark
Signed and acknowledged by said Elizabeth Brown as her last will and testment in our presence and signed by us
in her presence and in the presence of each other
William R Connor /s/
Joseph Lacy /s/
* The second initial might be "J" or "I".
PROOF OF WILLS.
The State of Indiana, Shelby County, ss:
Be it Remembered That on the 9th day of February AD 1870 William R. Connor, one of the subscribing witnesses to
the within and foregoing last Will and Testament of Elizabeth Brown, late of said County, deceased, personally
appeared before JG Wolf Clerk of the Courth of Common Pleas of Shelby County, in
the State of Indiana, and being duly sworn by the Clerk of said Court, upon his oath declared and testified as
follows, that is to say: that on the Twenty third day of August A D. 1865. he saw the said Elizabeth Brown sign
her name to said instrument....
Copied from the original will, filebox 88, Shelby County Court House, Shelbyville, IN, by Phyllis Miller Fleming.
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