The Will of Benjamin Franklin Auxier 

Probate File – Hamilton Co., Ill; Div B, Box 19, File #4 April 18, 1867
Transcribed by Carol Lee Yarbrough

Record of Nuncupative Will of Benjamin Auxier, Dec’d

The last will and Testament of Benjamin Auxier deceased late of the County of Hamilton and State of Illinois who died in Said county and State on the fourth day of February AD 1867 Saying ----I wish that my wife shall have all the money that belongs to me and I wish that my son Frank shall have one hundred and sixty acres of my Land being my home farm and all the farming utensils necessary for farming and all my Blacksmith tools with this provision that my son Frank shall take care of and provide for my Wife Elizabeth during her lifetime, and the (Girl?_ Art Green now living with me during her lifetime---all the rest of my land I bequeath to my son Benton and in regard to the rest of my children I shall give to Sarah Mahoney the same that I give to Polly Ann Craig, and to Madison I give his old note and to Cynthia I give one hundred dollars or my horse named Shirley just whichever my son Frank may see fit to give her and after my wife’s death I wish that my son Frank shall have all the money and property belonging to her which she has or may acquire through me and which she may not before her death expend.

The __was written down on this sheet of paper in the presence of the undersigned on this the 12th day of February AD 1867 as the last Will and Testament of Benjamin Auxier Deceased late of the County of Hamilton and State of Illinois.

Signed by us this 12th day of February 1867:  W. P. Bowers and J. M. Trotter

State of Illinois   }    February ?, 1867
Hamilton County} County Court

W. P. Bowers and J. M. Trotter being first duly sworn in open court say each for themselves that they have examined the instrument in writing now presented the court purporting to be the nuncupative Will of Benjamin Auxier deceased that they know of their own knowledge that said instrument was committed to writing on the 12th day of February 1867 and the said James M. Trotter further says that he knows of his own knowledge that the said Benjamin Auxier died on the 4th day of February 1867.  They further state that they are entirely and wholly disinterested in the Estate of the said Benjamin Auxier deceased.

Signed: W. P. Bowers and J. M. Trotter

Set words set forth in the amoxed Will or instrument purporting to be the nuncupative Will of Bengamin Auxier pronounce the said words and that they verily believe that said Testator was of Sound mind and memory at the time he spoke said words (or made said will) and that the said Bengamin Auxier did at the same time desire the persons present or some of them to bear Witness that the words spoken aforesaid as presented in said nuncupative Will now in Court was his Will or words to that effect and that such Will was made in the time of the last sickness of the said Bengamin Auxier., that we ourselves were requ4sted by said Testator to bear witness that they was his last Will and Testament and that we are entirely disinterested in said Bengamin Auxier’s Will or estate—

Signed: Francis E. Clifford, Jonathon P. Conner.

Sworn and subscribed to in open court this 16th day of April 1867.

Signed: J. W. Marshall, clerk.

State of Illinois}
Hamilton County}

In County Court April term A D 1867 I do solemnly swear that this writing contains the true last Will and testament of the within named Benjamin Auxier deceased so far as I know or believe and that I will and truly execute the same by paying first the debts and then the legacies, mentioned therein so far as his goods and chattels will thereunto extend as the law charge me; and that I will make a true and perfect inventory of all such Goods and Chattels, rights and credits, as may come to my hands or knowledge belonging to the Estate of said deceased, and render a fair and just account of my Executorship when there unto required by Law to the best of my knowledge and abilities so help me God.

Signed: Job Standerfer
Sworn and subscribed this 18th day of April A. D. 1867 in open court before me—J. W. Marshall, Clerk

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