WILL & TESTAMENT OF DAVID CALDWELL

Rec'd for Record Mch 28th 1853

at 3 o'clock p.m.

C. Luce Register

cb. David Caldwell Sr. of the township of Ida, County of Monroe and State of Michigan: by the grace of God of Sound mind do make and ordain this my last Will and Testament in manner and form following (viz): give and bequeath to my dear Son David Caldwell fifty three and one third acres (53 1/3) of land to be taken from the East side of [of] the South East quarter Section of Section twenty five (25) in township seven (7) South of Range Seven (7) east. I also give and bequeath to my son, Abraham Caldwell fifty three and on third acres of land (53 1/3) south and adjacent the aforesaid David Caldwell being a part of the aforesaid quarter section. I also give and bequeath to my son Isaac James Caldwell fifty three and one third acres of land (53 1/3) being west of the aforesaid Abraham Caldwell being a part of the aforesaid quarter Section. The condition of the above bequest is such that the above named persons shall ....... ....... .....one of them shall pay to their Mother my beloved wife Ann Caldwell thirteen dollars and fifty cents each annually during her natural life. I also give and bequeath to my Son David the yoke of old oxen also to Abraham the ...year old oxen and to Isaac James the three young Steers and the wagon and farming utensils to be common Stock with the aforesaid three Sons. I also give and bequeath to my beloved daughter Caroline Neddeau all and singular the debts now due me in .................... suffered to amount to about twenty nine dollars. My beloved wife Ann Caldwell I Nominate constitute and appoint sole executrix of this my last will and testament hereby revoking all other and foresworn wills by me at any time heretofore made in witness whereof I have hereunto set my hand and seal this twenty fifty day of October in the year of our Lord one thousand Eight hundred and forty nine. David Caldwell (followed by some sort of seal)

Signed, sealed, published and declared by the said testator David Caldwell Sr as and for his last will and testament in the presence of us who have Subscribed our Names as witness thereto in the presence of the said testator. William Dunlop Peter Loose

State of Michigan County of Monroe. Probate Court for Said County At a Probate Court held at the Probate office in the City of Monroe in said County on Monday the Seventeenth day December one thousand eight hundred and forty Nine The foregoing instrument purporting to be the last will and Testament of David Caldwell late of Ida in said County deceased having ben prosecuted for Probate by William Dunlop when upon the said William Dunlop being produced and Sworn Says that the instrument being Shown him is the identical paper executed by the deceased that he drew the said instrument read it to said deceased who executed it and declares it to be his last will and testament in the presence of the witnesses thereto. That the said testator was of sane mind and capable of making his last will and testament. And that he signed his name as a witness in the presence of the testator and at his request where upon no objection being made and all persons interested having been notified to appear at this time and place agreeable to an order of this court it appears to this Court that said instrument ought to be allowed as the last will and testament of Said deceased by this court that the same be approved allowed Established and recorded. And have full force and effect as Such. In Witness whereof I Daniel S. Bacon Judge of Probate of Said County have hereunto set my hand and the Seal of Office this Seventeenth day of December One thousand eight hundred and forty Nine.

State of Michigan County of Monroe . D. S. Bacon Judge of Probate

[The above was transcribed by Michael R. Caldwell, great-great-great grandson to David Caldwell, from a photocopy which appeared to have been taken from a microfilmed document. All punctuation and grammar has been kept as appears in the photocopy. The hand written document was difficult to decipher in some parts, partly as a result of unclear hand writing and partly a result of lack of sharpness of the photocopy. Words which could not be read are represented with "......". Words I was unsure of appear in italics. The appearance of that photocopy would lead me to believe that the original microfilmed document was a hand written reproduction of the original will, which reproduction is then kept as the state record of the last will and testament of the testator. The hand writing which appears in that photocopy is all that of one individual, including all names and supposed signatures of individuals, which would further indicate that the entry was made by a civil employee for purposes of record keeping. The seals referred to in the document were simple hand written facsimiles representing some sort of seal.]