State of Indiana Putnam Co. Feb 27th A. D. 1865 In the name of God, Amen: I, Burton Hurst of the County of Putnam and State of Indiana, being of sound mind and body [and] Memory. And considering the uncertainty of this frail and transitory life do therefore make, ordain, publish and declare this to be my last Will and Testament. That is to say: First after my funeral expenses and all my lawfull debts are paid and discharged the residue of my estate, Real and Personal, I give bequeath and dispose of as follows, towit: To my beloved Wife all my personal estate in fee Simple and also the farm on which I now reside, it being situated in the Township of Jefferson and Marion County and state aforesaid, to have and hold the same so long as She remains My Widow, With this condition, that When my Youngest child becomes of age, then the said farm to be divided into seven parts of as near equal value as possible, My Wife to take first choice, My Son Daniel second choice, my son Harmon, third choice. My son Joseph C. fourth choice, and the residue to be divided by lot between my three Daughters, Emma A. and America J. and Mary E. Also I will that at my Wifes death or the termination of her Widowhood, her Seventh part of said farm is to be equally divided between all my lawfull heirs. I also Will to Caleb F. Buis and Nancy C. his wife, thirty five acres more or less situated in Section Thirty-one (31) in Mill Creek Township County and State aforesaid. I also will and bequeath to my two sons Pleasant A. and Hiram S. Thirty-Six (36) acres more or less in Section Six, in Mill Creek Township, and thirty-six acres of land more or less in Section One, in Jefferson Township, all in the county and State aforesaid. Likewise I make constitute and appoint Rachel E. My wife, and my son Pleasant A.. to be executors of this my last Will and testament, herby revoking all former Wills by me made. In witness Whereof I have hereunto Subscribed my name and affixed my seal the Twenty Seventh day of February, in the year of our Lord One thousand eight hundred and Sixty five Burton (his X mark) Hurst Rachel E. Hurst The above written instrument was Subscribed by the said Burton Hurst in our presence, and acknowledged by him to each of us, and he at the same time published and declared the above instrument so subscribed to be his last Will and Testament, and We at the Testators request and in his presence have signed our names as Witnesses hereto, and Written oposite [sic] our Names our respective places of residence Amos Hurst, Jefferson Township, Putnam Co., Ind. Hugh H. Dobbs, Township of Mrion, Putnam, Co., Ind. Isom Hurst, Marion Township, Putnam Co., Ind. John P. Allee, Marion Township, Putnam Co., Ind. Jefferson Hurst, Greencastle Township, Putnam Co., Ind. State of Indiana, Putnam County, SS: Be it remembered that on the 11th day of April 1865, Isom Hurst, one of the Subscribing Witnesses to the Within and foregoing last Will and Testament of Burton Hurst late of said County, deceased, personally appeared before Mel McKee Clerk of the Court of Common Pleas of Putnam County, in the State of Indiana, and being duly sworn by the Clerk of said Court, upon his oath declared and testified as follows, that is to say: That on the 27th day of February 1865, he saw the Said Burton Hurst Sign his name to said instrument in writing as and for his last Will and testament, and that his deponent at the same time heard the said Burton Hurst declare the said instrument in Writing to be his last Will and Testament, and that the said instrument in Writing was at the same time, at the request of the said Burton Hurst, and with his Consent, Attested and subscribed by the said Isom Hurst, Amos Hurst, Hugh H. Dobbs, John P. Allee and Jefferson Hurst, in the presence of said Testator, and in the presence of each other as subscribing Witnesses therto, And that the said Burton Hurst, Was at the time of the signing and Subscription of the said instument in Writing as aforesaid, of full age (that is, more than twenty-one years of age) and of sound and disposing mind, and Memory, and not under any coercion or restraint, as the said deponent verily believes; and further deponent says not: Isom Hurst Sworn to and subscribed by the said Isom Hurst, before me Mel McKee Clerk of said Court, at Greencastle the 11th day of April 1865. In attestation Whereof, I have hereunto Subscribed my name and affixed the seal of said Court, Mel McKee, Clerk. State of Indiana. Putnam County, SS: I Mel McKee Clerk of the Court of Common Pleas of Putnam County, Indiana do hereby certify, that the within annexed last Will and Testament of Burton Hurst has been duly admitted to probate and duly proved by the testimony of Isom Hurst one of his subscribing Witnesses thereto: That a complete record of said Will, and the testimony of the said Isom Hurst, in proof thereof has been by me duly made and recorded in Book No. 1 at Pages 411, 12 7 13 of the records of Wills of said County. In attestation Whereof, I have hereunto subscribed my name, and affixed the seal fo said Court at Greencastle this 11th day of April 1865. Mel McKee, Clerk, of the Court of Common Pleas of Putnam County. State of Indiana, Putnam Coumty SS: I Mel McKee Clerk of the Court of Common Pleas of said County, do certify that the foregoing is a true, full, and complete copy of the last Will and Testament of Burton Hurst, late of said County, deceased, and of the proof and examination of Isom Hurst, one fo the subscribing Witnesses by whom the same was proved. Witness My hand this 11th day of April 1865 Mel McKee, Clerk (Putnam County, Indiana Wills I:411-413).