Whole Number 16
(Editor's Note: The following document is on file in the office of the Clerk of the Circuit Court of Hendricks County, Indiana. A copy was made for us by Adah M. Johnson, Clerk of the Court.)
I, David Sparks of the County of Hendricks and State of Indiana do make and publish this my last Will and Testament, hereby revoking and making void all former wills by me at any time heretofore made.
First, I direct that my body be decently interred and that my funeral be conducted in a manner corresponding with my estate and situation in life, and as to such world [goods] as it has pleased [God] to intrust me with, I dispose of the same in the following manner to-wit: I direct first that all of my just debts and funeral expenses be paid as soon after my decease as possible out of the first money that shall come to the hands of my Executors from any portion of my Estate, real or personal. I also direct that a fair valuation or appraisement be made by two judicious neighbors of all my said Estate, including all my personal property with household and kitchen furniture and after being signed with their names that a copy of the same be given by them to my Executor. I also direct that all of my personal property be sold at public auction and on such credit or for ready money as my Creditor may deem most advisable and that the proceeds thereof be divided equally between my grandchildren as follows: David Poynter, Martha E. Poynter, A. 0. Poynter, Mary Ellen Poynter, Elizabeth Roy, Amilda Roy, David Roy. Also I direct that Mary E. Sparks [and] Reny Ann Sparks have One Dollar each. I also direct that my beloved wife have her necessary support off of the farm during her natural life. I also direct that all of the Real Estate of which I shall die seized or possessed of, I give and Bequeathed to my beloved son Thomas John C. Sparks, and to effuate [sic] this my intention I hereby vest my Executor with full power and authority to dispose of and I furthere declair and direct that the aforesaid legacy to my wife be in lieu of her Dowery if she so elect, and I hereby make and declare my worth and esteemed friend Wm. McDaniel, my Executor of this my last will and testament. IN WITNESS WHEREOF I David Sparks, this testator, have hereunto set my hand and seal this fifth day of March, 1853. [signed] David I Sparks (Seal)
Signed, sealed, published and declared in the presence of us
[signed] Lewis S. Hunter
B. M. Logan
STATE OF INDIANA)
Before me, Levi Ritter, Clerk of the Court of Common Pleas of the County of Hendricks aforesaid, personally came Lewis S. Hunter and Benjamin M. Logan, subscribing witnesses to the foregoing and hereto attached instrument in writing, who being by me first duly sworn upon oath depose and say that David Sparks, the Testator named in said Instrument in Writing purporting to be his last Will and Testament did sign, seal, and publish and declare the same to be his last Will and Testament on the day of the date thereof that said Testator was at the time of the full age of twenty one years and of sound and disposing mind and memory and that he was not under coercion, compulsion or restraint and that he was competent to devise his property. And that the said Testator so signed, sealed, published and declared the same to be his last Will and Testament in manner and form as aforesaid in the presence of affiants, and that they each attested the same and subscribed their names as witnesses thereto in the presence of and at the request of said Testator and in the presence of each other.
[signed] L. S. Hunter
B. M. Logan
Subscribed and sworn to before me. Witness my hand and seal of said Court at Danville this 2nd day of September, A.D. 1861.
(Seal) [signed] Levi Ritter, Clerk
Recorded September 2, 1861. Attest: Levi Hitter, Clk.
by 0. F. Hooker, D.C.
The written Election of Sarah Sparks, widow of David Sparks, filed September 3, 1861, in which she elects to take under the Statute.
Attest: Levi Hitter, Clk.