Indiana To wit
Johnson County
Personally appeared before me David Allen, Clerk of the Wheaton Probate Court on the sixth day of September in the year One thousand Eight hundred and forty-one. John Gore and David Wells two of the subscribing witnesses to the foregoing will and being duly sworn say that Samuel Walker, the above Testator signed the forgoing will in there presence and acclaimed the same to be his last will and testament and wished them to witness as such and further say not.
John Gore
David Wells
Sworn to and subscribe this sixth day of September 1841 before me.
David Allen Clerk
Filed Sept. 6, 1841 (Will record “A” page 60)
David Allen Clk.
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The last Will and Testament of Samuel Walker
In the name of God, Amen. I, Samuel Walker, of the county of Johnson, in the state of Indiana, being very sick, and to all appearances nigh (nearly) unto death but of sound and perfect mind and memory, and knowing that “It is appointed to all men once to die,” do make and ordain this my last Will and Testament, as touching such worldly estate as it hath pleased God to bless me with in this life, which I give, devise and dispose of in the following manner and form. Viz:
First, I give and bequeath to Emarine (Emarine Mead Wilson) my dearly beloved wife, so long as she remains my widow, for her use and benefit in common with, and to enable her to raise, support and educate my dear children, the whole of my Estate, consisting of lands, house hold goods, debts, accounts, and all other affects whether personal or real, except so much as is necessary to liquidate all just and legal claims now existing against me, which will hereafter come against my Estate.
Second. If, in the coarse of time, and events, Emarine, my present wife, should not think it best to remain a widow, and should again marry, then, and in that case, it is my will and wish, that there should be a fair and equitable equal division of all land and other property, whether real or personal, between her and each and every one of my dear children.
Third. In case of the death of Emarine, my aforesaid wife, it is my desire that the whole of my personal and real estate should be equally divided between my children.
Fourth. I give and bequeath to Miss Elizabeth Wilson (She married Charles Samuel Legan in Dec. 1841), my wife’s sister, who is now living with us, one bed and bedding, one cow and calf, two head of hogs, and four head of sheep, which of course are excepted in the three first specifications.
I do hereby constitute, make and ordain Walker D. Pritchard of the County and State aforesaid, Soul Executor of this, my last Will and Testament, and I do hereby utterly disallow, revoke and disannul all, and every other Will, Testament, Legacy- Bequest and Executor by me in any way before named, willed or bequeathed; ratifying and confirming this, and no other, to be my Last Will and Testament. (Walker Daniel Prichard will eventually marry Emarine in 1848, roughly seven years after Samuel’s death. Walker D. Prichard, his first wife Nancy, and Samuel Walker all shared the same grandfather, Capt. James Prichard.)
In witness whereof, I have hereunto set my hand and seal, this fifteenth day of August, in the year of Our Lord, One thousand eight hundred and forty-one.
Samuel Walker
Signed, sealed, published, pronounced,
and declared by the said Samuel
Walker as his Last Will and Testament
in the presence of us, who in his presence
and the presence of each other, have here
unto subscribed our names.
James Ritchey
George Morgan
John Gore
David Wells