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
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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