David Thomas Probate Records

David Thomas' Probate Records

The following documents were transcribed from copies of the original documents on file in Clinton County, Indiana. I have tried to duplicate the pages, as accurately as possible, and have not transcribed all pages in this file. Copies from the original documents can be obtained by writing:

CLINTON COUNTY ARCHIVES
Attn: Sue Marcum, Archivist
c/o Clerk, Clinton County Clerk's Office
265 Courthouse Square
Frankfort, Indiana 46041-1993

Transcribed by Connie Rushing October, 1998

A will

I David Thomas of Clinton County and State of Indiana do make and publish this my last will and testament hereby revoking and making void all former wills by me made at any time heretofore. 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 as to such worldly Estate as it pleased God to bless me with I dispose of the same. in the following manner to-wit I direct first that all my just debts and funeral expenses be paid as soon after my decease as possible out of the first moneys that shall come to the hands of my Executor from any portion of my personal Estate I also direct that After my debts and funeral expenses are paid that my youngest Son Perry Thomas and Sarah, ann,Thomas my youngest daughter to have the ballance of my personal property to have and to hold , so long as they both shall live together and shall take care of there Mother and keep her so long as she shall live if they shall survive her and After the death of my beloved wife then my son Perry Thomas is to have the south west quarter of the North west quarter of section three in township twenty one North of Range one East in the county of Clinton and stste of Indiana to have and to hold forever as his own for his own proper use after Sarah, ann, Thomas my daughter one Milch Cow, one Colt and ten dollars in Money and my other children Ephraim Thomas, Charles Thomas, William Thomas, Albert R. Thomas, Usibeous Thomas, George Thomas, Elizabeth Dice, David Jackson Thomas, each of them the said Perry Thomas is to pay ten dollars in money them the aforesaid described land to belong, to the Said Perry Thomas in fee simple and the remainder of my Personal property to be equally divided between Sarah ann Thomas and Perry Thomas my two Children and I hereby make and ordain my worthy and esteemed Son Ephraim Thomas executor of this my last will and testament in witness whrerof I David Thomas the testator have hereunto set my hand and seal this tenth day of August in the year of our lord eighteen hundred and forty seven

his

David (appears to be D)Thomas (seal)

mark

Signed Sealed published and declared by the above named David Thomas as his last will and testament in presence of us who have hereunto subscribed our names as witnesses thereto in the presence of the said testator and in the presence of each other

Jacob Strong

George Thomas

State of Indiana Clinton County

be it remembered that on this

14th day of September A. D. 1848. Personly appeared before the undersigned Clerk of the Clinton County Probate Court Jacob Strong and George Thomas of lawful age and after being by me duly sworn they depose say that the within instrument of writing is the last will and testament of David Thomas late of said County deceased he the said David Thomas was of Mature age and that he was of sound Mind and disposing memory at the time of the signing and execution thereof and that he signed the same without any coercion or restraint in their presence and at his request they signed their names therto as witnesses and further saith not

Jacob Strong

George Thomas

subscribed and sworn before me the day & year above written

John Barner (Clerk)

In the Clinton Circuit Court

October Term 1874

The State of Indiana - Clinton County

George Thomas vs Albert Thomas , Usebius Thomas, Elizabeth Thomas, Sarah Ann Thomas, and the heirs of Charles Thomas, dec'd to-wit David Thomas, Wm John Thomas, Uriah Thomas, Margaret Thomas, and Andrew Thomas.

George Thomas, plantiff, complains of

Albert Thomas , Usebius Thomas, Elizabeth Thomas, Sarah Ann Thomas,and of David Thomas, Wm John Thomas, Uriah Thomas, Margaret Thomas, and Andrew Thomas, heirs of Charles Thomas, deceased, defendants, and says that he the said plaintiff, together with the defendants are the owners in fee and tenants in common of the following Real Estate in the County of Clinton and State of Indiana to-wit

The South West quarter of the North West Quarter of Section three (3) Town twenty-two (22) Range one (1) East and five (5) acres off of the North end of the West half of the South West quarter of Section three (3) in Town twenty two (22) Range One (1) East, containg, in, all, forty five acres.

That said plaintiff is the owner and entitled to the possession of the undivided Four ninths (4/9) in value of all of said Real Estate.

That the defendant, Albert Thomas, is the owner and entitled to the possession of the undivided One ninth (1/9) in value of all of said real estate.

That the defendant, Usebius Thomas, is the owner and entitled to the possession of the undivided One ninth (1/9) in value of all of said real estate.

That the defendant, Elizabeth Thomas, is the owner and entitled to the possession of the undivided One ninth (1/9) in value of all of real estate.

That the defendant, Sarah AnnThomas, is the owner and entitled to the possession of the undivided One ninth (1/9) in value of all of said real estate.

That the defendants, David Thomas, Wm John Thomas, Uriah Thomas, Margaret Thomas, and Andrew Thomas, heirs of Charles Thomas, deceased, are the owners and entitled to the possession of the undivided One ninth (1/9) of all of said real estate.

Plaintiff ----- that said Real Estate cannot be divided without material injury to the value of the same, Wherefore he asks that partition be granted and that ssid Real Estate be sold

George Thomas

By Carol Parker

atty

State of Indiana, Clinton County

In the Clinton County Circuit Court

June Term A. D. 1875

Affadavit of Non Residence

George Thomas vs Usebius Thomas, Albert Thomas , Sarah Hardin, Elizabeth Dice, David Thomas, George S. Thomas, William John Thomas, Margaret Kemp, Marie Kemp, and Andrew Thomas.

George Thomas, plantiff being first duly sworn on oath deposes and says that the following defendants in the above entitled cause are non residents of the State of Indiana, to-wit Albert Thomas , Sarah Hardin, Elizabeth Dice, David Thomas, George S. Thomas, William John Thomas, Margaret Kemp, Marie Kemp, and Andrew Thomas and further deponerit-? saith not.

his

David Thomas

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Attest: Fred Tice

Subscribed and Sworn to before me this 21st day of April 1875

DeWitt C. Bryant clerk

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