WILL OF DEBORAH McGAHAN

Made: 14 September 1846

Proved: 04 Jun 1849

Warren County, Indiana

Submitted by Adina Watkins Dyer

Note: Deborah McGahan was an illegitimate granddaughter of Thomas and Rachel McGahan.  It is unknown at this time who her parents were.

Warren Probate Court

State of Indiana

Warren County

Be it remembered that on this 4th day of June AD 1849 the Will of DEBORAH McGAHAN was finally proven before the undersigned Clerk of the Probate Court of said County by the oaths of THOMAS H. TALBOTT, JOSEPH TIMMONS and THOMAS DAWSON and being recorded together with the proofs and examinations reads in the word and figures to wit:

In the name of God Amen I DEBORAH McGAHAN of the County of Warren and State of Indiana considering the uncertainty of this mortal life and being of sound mind and memory - Blessed be almighty God for the same - do make and publish this my last will and testament in manner and form following to wit:

First: I give and devise to my beloved Cousin MARY JANE McGAHN my undivided half of a certain forty acre tract of Land, lying in said County State aforesaid and being the N end of the East half of the NE quarter of Section 31 in Township 23 and Range 6W - also my half of a thirty five acre tract of land it being the South end of the West fraction of the NW quarter of Section Thirty in Township 23 North of Range 6 West and the Patent calls for 70 acres and 44 hundredths with this exception there has been one and a half acre sold by my Grandfather and deeded by him - it being the same land willed to us by our Grandfather THOS. McGAHN, Dec'd and lastly as to all the rest residue and remainder of my personal estate goods and chattels of what kind and nature soever I gave and bequeath the same to my beloved Cousin before named -

And I now appoint my Unkle JOHN McGAHN sole Executor of this my last will and Testament.  In witness whereof I have hereunto set my hand and seal, this 14 day of Sept AD 1846

               her

Deborah  x  McGahn

             mark

Signed sealed and declared by the within named DEBORAH McGAHN to be her last will and testament in the presence of us, who have hereunto set our names as witnesses in the presence of the Testator.

Signed:  Joseph Timmoms

              Thomas Talbert

State of Indiana Warren County ss

Be it remembered that on this 17th day of February AD 1849 the Will of DEBORAH McGAHN late of said County deceased was presented to the undersigned Clerk of the Probate Court of said County and offered for Probate; and thereupon came JOSEPH TIMMONS and THOMAS TALBERT the two subscribing Witnesses to said Will; and the said Clerk proceeded to take the proof of said Will and in answer to said Clerk's inquiries touching the execution, subscribing and attesting of said Will, the said JOSEPH TIMMONS being of lawful age, and sane mind, and being by me said Clerk duly sworn, upon his oath deposed and says, that on the 14th day of September AD 1846, he was sent for and went to the house of said DEBORAH in said County, that at the bequest of the said DEBORAH, he wrote a will for her, which will is now here shown to him by said Clerk and read to him and is dated Sept 14th AD 1846 and is witnessed by said deponent TIMMONS and by said TALBERT, that he Deponent then read said will to said DEBORAH, that she then signed it in presence of him and of said TALBERT and published and declared said Will as  her last Will and Testament, that said Deponent and said TALBERT then signed said Will as witnesses there to, in her presence and Deponent believes at her request and in presence of each other; that said Will is the only Will he ever witnessed for said DEBORAH, or that he knows of her ever making; that said DEBORAH died in the year 1848 in August or September; that at the time of executing said Will, said DEBORAH was of sound mind and memory, and not under any coercion or restraint and further saith not 

Signed: Joseph Timmons

sworn to and subscribed before me in my office this 17th day of February 1849 Wm. R. Boyer Clerk and the said THOMAS TALBERT being also of lawful age and sane mind and being by me said Clerk duly sworn upon his oath deposes and says that on the 14th day of September AD 1846 he was sent for and went to the house of said DEBORAH in said County, that JOSEPH TIMMONS wrote the Will mentioned in his examination or affidavit foregoing, and now read to him by said Clerk, that said TIMMONS then read the Will to said DEBORAH, she then signed it by making her mark the said TIMMONS previously at her request writing her name or signature, in presence of Deponent and of said TIMMONS, that he Deponent and said TIMMONS then signed their names as Witnesses to said Will in presence of each other, that she then published and declared said Will as her last Will and Testament that he never witnessed any other will for said DEBORAH, that at the time of executing said Will, said DEBORAH was of sound and disposable mind and memory and under no coercion or restraint, that she died in said County in September or August AD 1848 and further says not 

Signed: Thomas H. Talbert

Sworn to and subscribed before me at my Office this 17th day of February 1849 Wm. R. Boyer Clerk and now also to wit on this 4th day of June AD 1849 personally came THOMAS DAWSON before said Clerk and in like manner being duly sworn deposes and says that he said DAWSON came to the said County of Warren in October AD 1828 that said Testatrix DEBORAH McGAHN moved with him a part of the way, that he verily believes from the appearance of the said DEBORAH at the date last aforesaid, that she was then more than four years of age and further says not

Signed: Thomas Dawson

Sworn and subscribed before me at my Office this 4th day of June 1849

Wm. R. Boyer, Clerk

All of which I now hereby certify and In witness thereof I have hereunto set my name and affixed the seal of said Court at Williamsport this 4th day of June AD 1849.

Signed: Wm. R. Boyer, Clerk

Recorded June 4th 1849

Wm. R. Boyer, Clerk