EDWARD MAGNER - Last Will and Testament


I, Edward Magner of the County of Orange and State of Indiana do make and publish this my last will and testament to wit:

First I give and bequeath to my wife Jane Magner my farm upon which I now reside, being all the part of the north east quarter of section (#32) thirty two in township (#3) three north of range one east in Orange County, Indiana, which lies south of the road leading from Orleans to Livonia.

And also about eleven acres and a half in the south part of the south west quarter of section (#29) twenty-nine, in township and range aforesaid, to have the use and occupancy together with the profits arising therefrom during her life.  And I also bequeath to my wife all my personal property of whatever kind or nature for her use during her life time.

At my wife's death it is my will that the land specified in the first bequest shall be solely vertea in my son Lanville M. Magner with this condition, that he shall pay to my son William Henry Magner the sum of ($200) two hundred dollars and to my grandson Archibald Hudelson the sum of ($600) six hundred dollars when he, the said Archibald B. Hudelson shall arrive at the age of twenty one years.  But if the said Archibald B. Hudelson shall die prior to arriving at that age, the said Lanville M. Magner shall pay to each of my sons William Henry and James M., or their heirs the sum of ($200) two hundred dollars.

Fourth at my wife's death it is my will that my personal property shall be sold, if at that time seems advisable by my executors, either at private or public sale and the proceeds distributed as follows to wit:

To my granddaughter Emily A. Taggert ($10) ten dollars.  To my two grandsons William N. Taggert and Samuel A. Taggert each ($20) twenty dollars.  To my grandson Archibald B. Hudelson ($20) twenty dollars and the remainder to be equally divided between my three sons William H., James M., and Lanville M. Magner.

Fifth and it is further my will that as long as my son William H. Magner shall own or occupy the lands now owned by him and upon which he now resides, he shall have free ingress and egress to area from the same to the public highway over the land specified in the first bequest by the route now traveled.

I hereby appoint my sons William H. and James M. Magner executors of this my last will and testament, hereby revoking all former wills by me made.  In witness whereof I have hereunto subscribed my name and affixed my seal at the County and State aforesaid, this twentieth day of February one thousand eight hundred and sixty four.  Signed: EDWARD MAGNER (seal).  Witnesses Andrew Tegarden and James W. Webb.  Vol. 2, page 129.  Att: the 1st day of November 1865.

Personal Note:  I typed this will exactly as it was written.  But I believe the name, Hudelson should be spelled with two 'Ds" and that Taggert should be spelled with an "A" - Taggart.