Box 194

Thomas E. Trackwell
Maggie M. Irwin
Chester C. Heck

Objections to probate of pretended will of
Samantha J. Shoup

Filed Jan 6, 1915
Cecil B. Collins,
Clerk Shelby County Court

McD. & R., W. TC, attys. for Plaintiff

State of Indiana, County of Shelby, SS:
In the Shelby Circuit Court, November Term, 1914.

Thomas E. Trackwell    X
              vs.                     X
Maggie M. Irwin and    X
Chester C. Heck           X

          The Plaintiff, Thomas E. Trackwell, complains of said defendants, Maggie M. Irwin and Chester C. Heck, and says: That on the 3rd day of December 1913, on  Samantha  J.  Shoup  died in said county of Shelby, State of Indiana, leaving this plaintiff as her sole and only heir at law; that at the time of her death said decedent was the owner of and possessee of a large amount of real estate and personal property in said county, all of the probable value of $20000; that as the only heir at law of said decedent, this plaintiff is the owner of all of said property and estate.  Plaintiff further says that he is informed that the above named defendants are claiming that said decedent left a certain pretended will bearing date of November 18, 1910 and this plaintiff is informed that by there terms of said pretended will a large amount of personal property and estate of said decedent is left to said defendants, the value and amount of which this plaintiff is unable to state, and that said property is devised to said defendants to the exclusion of this plaintiff.  Plaintiff is further informed and believes that said pretended will will be offered and presented to this court, and to the clerk of this court for probate, and that an attempt and request will be made to have said pretended will probated and proved as the last will and testament of said decedent.  This plaintiff therefore hereby presents his objections to the probate of said pretended will and asks that the same be not probated as the last will and testament of said decedent for the following reasons, to-wit:
          First:  That at the time of the execution of said pretended will said decedent, Samantha J. Shoup, was a person of unsound mind and was not capable of executing a will.
          Second:  That said decedent was unduly influenced to execute said pretended will.
          Third:  That said pretended will was unduly executed.
          Fourth:  That said pretended will is not the last will and testament of said decedent.

          Said plaintiff further avers that these objections to the probate of said pretended will are not made for vexation or delay, but that justice may be done, and that this plaintiff and petitioner may secure his rights in the premises.
          Wherefore Plaintiff prays that the probate of said pretended will be refused and denied, and that this plaintiff be given time to resist the probate thereof and for all other proper relief in the premises.

Signed:  Thomas E. Trackwell

State of Indiana, County of Grant, SS:
          Thomas E. Trackwell, being duly sworn, says that he is the petitioner and plaintiff in the above entitled cause and that the matters and things therein alleged are true, as he verily believes.

Signed:  Thomas E. Trackwell

Subscribed and sworn to before me this 23rd day of December, 1914.

Signed:  C.C. Thomas,
Notary Public
Commissioned to Mar. 9, 1918
McDaniel & Ross, Wray & Campbell, Attys. for the plaintiff.        

Transcribed by Melinda Moore Weaver

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