1845 Will of John Mendenhall – Switzerland County, Indiana

The following is a transcription from:
“Indiana, Wills and Probate Records, 1798-1999,” Ancestry (http://search.ancestry.com/search/db.aspx?dbid=9045 : accessed 7 Aug 2017); Switzerland > Probate Order Book, 1841-1843; Probate Order Book, 1843-1849; Probate Order Book, 1849-1853 > image 165, 1843-1849, p. 111-112.

May Term 1845

Ira Mendenhall, Miles Mendenhall, John W. Malin, Ira N. Malin, Joseph Malin Jr., Julius Dufour and Ann E. Dufour late Ann E. Malin his wife, and Martha E. Mendenhall by Jos. C. Eggleston her Guardian ad litem vs. Martha B. Mendenhall} application to Establish a Will

Comes said Martha B. Mendenhall the person named as Executor of John Mendenhall Dec’d and offers for Probate as and for the last will and Testament of said John Mendenhall Dec’d the following will and Codicil viz: “Vevay Ind. January 1st. 1835

In the name of God, Amen. I John Mendenhall considering the uncertainty, of this mortal life, and being of sound mind &c blessed be Almighty God for the same I do make and publish this my last will and testament, in manner and form following that is to say First, I give and bequeath unto my beloved wife Martha B. Mendenhall, the house & lot No. 64 all appurtenances thereunto belongin, during her widohood then all the real estate I do bequeath to my Daughter Martha Elisabeth Mendenhall, and lastly as to all the rest, residue and remainder of my personal Estate goods & chattels of kind and nature soever, I give and bequeath the same to my said beloved wife Martha B. Mendenhall, whom I hereby appoint sole executrix of this my last will and testament, hereby revoking all former wills by me made, in witness whereof I have hereunto set my hand and seal this the first day of January in the year of our Lord Eighteen Hundred and Thirty five.

[signed] John Mendenhall {Seal}

I John Mendenhall do this Second day of Jan 1835 make and publish this codicil to my last will and testament, in manner following (that is to say) I give to Liza a black woman, a home on my premises and to her suffishency of food reament & loding if sick to be taken care off (that is to say) as long she lives , on these conditions, if she is willing to stay or live with the family so long, But if she, of her own will makes choise of any other home, and moves off, and leaves the above said premises, then the above said obligation to void and no further effect, as witness my hand & seal this seccond day of January Eighteen Hundred & thirty five

[signed] Jno Mendenhall {Seal}

I John Mendenhall do this Third day of January 1835 make and publis this codicil to my last will and testament in manner following that is to say I give Lyzaes Son Greenup his freedom on those Conditions, that is the said Greenup is to serve and be at the disposel of his Mistress during her naturel lifetime if so be that said Martha B Mendenhall should deceased previous two the year of our Lord one thousand Eight hundred and forty seven he said Greenup is to remain as the servent of my daughter Martha B Mendenhall from the day of her mother death to the and of the year 1847 as above stated, Then after the said term the said Greenup is to be set at liberty, and made free of and from all all of my heirs Administrators &c. In witness whereof I have hereunto set my hand and Seal this third day of January eighteen hundred and thirty five

[signed] Jno Mendenhall {Seal}

I, John Mendenhall do this fourth day of Janr. 1835 make and publish this codicil my last will and testament in manner following, That is to say I give and bequeath to my son Ira Mendenhall, the sum of Fifty I give and bequeath to my son Miles Mendenhall ten dollars I give and bequeath to my Grandchildren Malins to say the sum of five dollars to each one that is to say John Malin 5, Ira Malin 5, Joseph Malin 5, Ann E Malin 5 which said several Legasies or sums of money I will and order shall be paid to the said respective legatees within (that is to say, my two suns, one year after my deceased, And those several sums of money paid to my other legatees within three years after my Decease and lastly is my desire that this my present codicil be annexed to and made a part of my last will and testament to all intents and purposes In witness whereof I have hereunto set my hand and seal this fourth day January in the year of our Lord &c One thousand eight hundred thirty five.

[signed] Jno Mendenhall

And thereupon come said plaintiff and object to the Probate of said paper as and for the last will and testament of said John Mendenhall dec’d and make and file the following allegation against the validity or proof of said supposed will here insert therein. And it appearing to the Court that said plaintiffs are all the Children or their decendants of said John Mendenhall deced, and the persons interested in the Estate which was of said John Mendenhall decd and by agreement said Joseph C Eggleston is appointed Guardian ad litem of said Martha E Mendenhall who is a minor under the age of 21 years, and the Court now here proceed to hear the proofs and allegations of said parties without the intervention of a Jury which is waved. And the Court after hearing the testimony and due deliberation had thereon, do find and adjudge that said writing produced is not the last will and testament of siad John Mendenhall decd and do therefore refuse to admit the same to Probate as such, and from said Judgment said Martha B Mendenhall prayes an appeal to the Switzerland Circuit Court which is granted, by her entering into Bond in the sum of Fifty dollars with security to be approved by the Clerk within the time prescribed by law, conditioned as the law directs.