LAST WILL AND TESTAMENT OF HENRY LYBARGER

With due reverence to the most high and Benevolent Father of all, I, Henry Lybarger, taking into consideration the uncertainty of life as well as the certainty of death, do make and publish this, my last Will and Testament.

Item first: I will and bequeath to my two sons, Hugh Lybarger and Noah Lybarger, the farm on which I now reside, supposed to contain 175 acres, be the same more or less together with all the stock that now is on or may be on the farm at my decease, except one cow and heifer heretofore selected by my wife Elisabeth Lybarger as her property, also all the household and kitchen furniture that is or may be about my house at my decease, excepting the articles heretofore selected by my said wife for her own use upon the following conditions: first, that they pay all my just debts as well as funeral expenses; secondly, that they pay to my son and daughters after my decease and at the times states, share and share alike, equally divided, the sum of two thousand, one hundred dollars. Names, to Jacob Lybarger my son, $300; Catherine Gorsouch my daughter, $300; Jesse Lybarger my son, $300; Josiah Lybarger my son, $300; Juliann Ealy my daughter, $300; Eva Troutman my daughter, $300; Matilda Woolf my daughter $300, the whole amount to become due ten years after my decease, though it may be paid sooner at the discretion of my two sons, Hugh and Noah, though no interest is to be charged until the full expiration of ten years after my decease.

The word "stock" in the tenth line is intended to mean all farming utensils, wagons, plows, harrows, etc., as well as all animals common to be kept by farmers generally.

I do hereby nominate and appoint my son Hugh Lybarger, and J. McArtor executors of this, my last Will and Testament and I do authorize and empower them if it shall become necessary in order to pay my debts to sell by private sale or in such manner as they may think proper, all or any part of my personal estate as may be necessary for the payments of my just debts. I desire that no appraisement and no sale of my personal property be made and that the court of probate direct the ommission of the same in pursuit of the statutes.

I do hereby revoke all former wills by me made.

In testimony whereof I have hereunto set my hand and seal this the 27th day of February in the year 1860.

Henry Lybarger (signed and sealed)

Signed and acknowledged by the said Henry Lybarger as his last Will and Testament in our presence and signed by us in his presence.

Witnesses:
Harris Critchfield
J. McArdle


Transcribed and submitted by Sheryl McClure

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