Rush County, Indiana Will Book 2:79
John Moffett will
dated 8 Apr 1843; recorded 8 Jan. 1846
transcribed by D. Powell March 2008 from a photocopy

John Moffett last will & testament

I John Moffett of the County of Rush & State of Indiana do make and publish this my last will and testament in manner and form following, to wit.

- first I desire that all my just debts be paid
- second to my beloved wife Sarah Moffett I will and bequeath the farm on which I now live during her natural life or $100 for ever (I wish her to take her choice) also her household & kitchen furniture[.] should she choose the $100 in that case I desire that at my death my place be sold together with my personal property[.] should she choose to keep the place in that case my personal property only and the money therefrom arising to be divided in the following manner:
     to my son William $100 the balance to be equally divided between William[,] Robert[,] Garner[,] Thomas & Abram G. Moffett & Mary & Hannah[.] should she choose the $100 then my place and property to be sold at 12 months credit and the money divided by allowing $100 extra to William the balance to be equally divided between my sons William Robert Garner Thomas & Abram G. Moffett & my daughters Mary & Hannah, and I do hereby constitute and appoint my son William executor of this my last will and testament hereby revoking all other wills or testaments by me heretofore made this 8th day April 1843 in witness where of I have hereunto set my hand and affixed my seal.

Attest                                        John Moffett
     John McMillin
     Azel Griffeth

Codicil

I desire that if my son Garner should fail getting $200 with interest thereon from the year 1838 out of the Illinois land then I wish him to have it out of my estate – also to my son Robert I will and bequeath my interest in the Illinois land but should that fail I desire that he shall have $100 with interest thereon from the year 1838. done the 8th of April 1843. I desire this should be re__ as part of my will in witness where of I have hereunto set my hand
                                        John Moffett
Attest
     Azel Griffeth
     John McMillin



State of Indiana
Rush Co.
Be it remembered that on this 8th day of January 1846 personally appeared before me John L. Robinson Clerk of the Rush Probate Court John McMillin and Azel Griffith the attesting witness to the Last will and testament of John Moffett Deceased and the Codicil thereto attached, who being by me duly sworn did depose and say, that said John Moffett at the time of signing said will & codicil was of full age to devise his property & was of sound mind and memory & under no coercion and restraint and capable to dispose of property by will or codicil, that said Decedent signed and sealed said will and signed said codicil there to attached in the presence of said affiants who heard him declare that said will and codicil to be his last will and testament, that they attested said will and codicil at the time said Decedent signed the same, in the presence of said testator at his request, and in his presence & in the presence of each other & further says not
                                        John McMillin
                                        Azel Griffeth

Given under my hand & the seal
of the Rush probate Court
at Rushville January 8th 1846

John L. Robinson
Clk