Daniel Smay Will 
 
  Surname: Smay, Clow, Ringer, Shartz
  Marion County, State of Indiana.
  In the name of God, Amen! I Daniel Smay Sr. of Marion County, State of 
  Indiana, being sick and weak in body of, but of sound mind, considering the 
  certainty of death, and the uncertainty of the time thereof, and being 
  desirous to settle my worldly affairs, and thereby being better prepared to 
  leave this world when it shall please God to call me hence, do therefore make 
  and publish this my last will and testament in manner and form following 
  towit: That is to say, I commit my soul into the hands of God and my body to 
  the earth to be decently buried by my executor hereinafter named, and after my 
  debts and funeral expenses are paid, I devise and bequeath as follows towit: 
  All that remains of my real and personal property to my dear wife Elizabeth 
  Smay as long as she lives, my widow; And provided should she marry again, I 
  devise that she shall have but two hundred dollars of my real and personal 
  estate and relinquish all her of possession; but if my dear wife will remain 
  single and my widow; & till death, the real and personal property shall remain 
  hers for her support, but not to sell or dispose of no further than for her 
  necessary support and the support of my children that will remain to live with 
  her. I do further devise that after the death of my dear wife and to 
  effectuate this my intention, I hereby vest my executors with full power and 
  authority to dispose of my real estate in fee simple, or for a term of years 
  in as full and ample a manner as I could myself do if living. And to be 
  equally divided among all my children then living share and share alike, and 
  to the heirs of my daughter Marg's Mary Ann and Sarah Ann Ringer, I bequeath a 
  half a share to them both; that is as much as one of my other children gets to 
  them both.
  And I further declare and direct my executors to divide the proceeds of 
  personal and real estate Share and Share alike among all my children as 
  aforesaid, directed to be paid over to each heir his or her share as soon as 
  it can be done according to this my last Will and testament. and I do hereby 
  make and ordain my worthy and esteemed friend Daniel Shartz and my Son Joseph 
  Smay Executors of my last will and testament to sell property, execute deeds, 
  or any other instrument of writing that I could have done should I be living.
  In witness whereof I Daniel Smay Sr. the testator have hereunto set my hand 
  and seal this tenth day of September in the Year of our Lord one thousand and 
  Eight hundred and forty five. 
  Daniel Smay Sr. (seal) (signed using his mark)
  Signed, Sealed, published and declared by the within named Daniel Smay Sr., as 
  his last will and testament in the presence of us who have hereunto subscribed 
  our names as witnesses thereto in the presence of said testator, and in the 
  presence of each other. 
  Conrad Ringer. William Clow. (signed using his mark)

  State of Indiana, Marion County, Sct. Personally appeared before the Clerk of 
  the Court of Common Pleas of the County and State aforesaid William Clow one 
  of the subscribing witnesses to the foregoing instrument of writing, who being 
  sworn, upon his oath saith that Daniel Smay Sr. the testator named in said 
  instrument of writing Sealed published and declared the same to be his last 
  will and testament on the day of the date thereof, that his name was signed 
  thereto by David Shartz at the express direction and request of said testator 
  who made his mark thereto as indicated; that said testator at the time of 
  executing said will was of the full age of Twenty one years, of sound and 
  disposing mind and memory, and not under coercion or restraint, that said 
  testator published and declared said instrument of writing to be his last will 
  and testament in manner aforesaid in the presence of the affiant and one 
  Conrod Ringer (since deceased) the other subscribing witness who signed the 
  same as witness in the presence and at the request of said testator, and in 
  the presence of each other, and further saith not.
  Signed William Clow. (signed using his mark) 
  (LS) In witness whereof I William Stewart Clerk of said Court hereunto affix 
  the seal thereof and subscribe my name at Indianapolis this 25th day of 
  October A. D. 1852.
  Wm. Stewart, Clerk.
  By Wm. Wallace, Deputy.
  State of Indiana, Marion County, Sct. I William Stewart Clerk of the Court of 
  Common Pleas of the County of Marion do hereby certify that the within and 
  foregoing last will and testament of Daniel Smay Sr., deceased, has been duly 
  admitted to Probate before me, that the same was proven by the examination 
  under oath of William Clow one of the subscribing witnesses thereto and that a 
  complete record of said proof and the examination of the witness by whom the 
  same was proven has been made in Will Record "B" of Marion County on 411 &c.
  (LS) In witness whereof I hereunto set my hand and affix the seal of said 
  Court at Indianapolis this 25th day of October A. D. 1852.
  Wm. Stewart, Clerk.
  By Wm. Wallace, Deputy.
  Recorded October 25, 1852.