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Last Will and Testament
of
Elizabeth R. Colee
I, Elizabeth R. Colee, of Shelby County, Indiana, do hereby make, publish and declare this to be my Last Will and Testament, hereby revoking any and all former wills made by me.
Item 1. I direct that all my just debts be first paid from my estate.
Item 2. I direct that my executor hereinafter named, as soon as practicable after my decease, shall sell all the real estate of which I may die seized and I hereby authorize and empower such executor to sell said real estate at public or private sale and to execute and deliver to the purchaser or purchasers thereof deeds of conveyance for the same, hereby granting to my said executor full power and authority to convey and transfer said real estate in fee simple to the purchaser of purchasers thereof.
Item 3. I direct that my entire estate, including my personal estate and the proceeds of the sale of my said real estate, shall be disposed of in the following manner:
I give and bequeath to my daughter, Madora Vice, and to my son George H. Colee, each the One-fifth (1/5) part of my entire estate.
I give and bequeath to my grandchildren, Bertha Stubbs and Chloe Weaver, children of my deceased daughter Nancy Weaver, each One-tenth part of my entire estate.
I give and bequeath to my said son George H. Colee, as trustee, in trust for the use of my son Charles Colee, the One-fifth (1/5) part of my entire estate, and said trustee is directed to use the net income therefrom, or so much thereof as may be needed for the support and maintanance of my said son, Charles. At the death of my son, Charles Colee, the One-fifth (1/5) share of my estate hereinabove bequeathed to my son, George H. Colee as trustee for the use of said Charles, shall pass to and become the absolute property of my son George H. Colee.
I give and bequeath to the Shelbyville Trust Company, of Shelbyville, in the state of Indiana, as trustee, in trust for the use of my son Thomas J. Colee, the One-fifth (1/5) part of my entire estate, and I direct that said trustees, Shelbyville Trustee Company, shall pay to my said son, Thomas J. Colee, from time to time each year the full net income from said property, remaining after payment of said taxes thereon and the costs of executing this trust. At the death of my son, Thomas J. Colee, I direct that said Trust Company shall pay over and transfer the share here bequeathed to it as trustee to my children and grandchildren named below in the following proportions: To my daughter, Madora Vice, and my son George H. Colee, each the one-fourth (1/4) part thereof; to my grandchildren, Bertha Weaver and Chloe Weaver, each the one-eighth (1/8) part thereof; to my son, George H. Colee, as trustee for my son Charles Colee, the one-fourth (1/4) part thereof, to be used by said George H. Colee, as such trustee for the support and maintenance of said Charles. I direct that if my son, Charles Colee, shall be deceased at the time of the death of my son, Thomas J. Colee, the share last above given to said George H. Colee, as trustee, shall pay to said George H. Colee and become his absolute property.
Item 4. I hereby constitute and appoint my son, George H. Colee, as executor of this will.
Witness my hand and seal this 10th day of June, 1916, at the city of Shelbyville, in the State of Indiana.
Elizabeth R. Colee (SEAL)
The
foregoing instrument was signed, sealed and acknowledged by the said Elizabeth
R. Colee, as and for her last will and testament in our presence, who at her
request, in her presence and the presence of each other have subscribed our
names as witnesses thereto, this 10th day of June, 1916.
Frederick W. Mohr
Wilbur W. Israel
State of Indiana, Shelby County, SS:
Be it
remembered, that on the 11th day of October, A.D., 1916 the 9th
judicial day of the October Term of the Shelby Circuit Court in said year, come
into open Court Wilbur W. Israel and produces in Court an instrument in writing
purporting to be the last Will and Testament of Elizabeth R. Colee, deceased,
and now moves the admittance thereof to probate and record, and in proof of
said Will introduces himself and Frederick W. Mohr the subscribing witnesses
thereto, who being duly sworn by the Clerk of said Court, on oath, declare and
testify as follows, that is to say:
That on the 10th day of June, 1916 he saw the said Elizabeth
R. Colee sign her name to said instrument in writing as and for her last Will
and testament; and that this deponent, at the same time, heard the said
Elizabeth R. Colee declare the said instrument in writing to be her last Will
and Testament, and that the said instrument in writing was, at the same time,
at the request of the said Elizabeth R. Colee and with her consent attested and
subscribed by the said Wilbur W. Israel and Frederick W. Mohr in the presence of
said testator, and in the presence of each other, as subscribing witnesses
thereto, and that the said Elizabeth R. Colee was, at the time of the signing
and subscribing of said instrument 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.
Wilbur W. Israel
Frederick W. Mohr
Sworn to and subscribed by the said Wilbur W. Israel and Frederick W. Mohr before me Cecil B. Collins Clerk of said Court, at Shelbyville, Indiana, the 11th day of October 1916.
Cecil B. Collins Clerk
Whereupon it is ordered, adjudged and decreed by the Court that said instrument in writing purporting to be the last Will of Elizabeth R. Colee deceased, is the last Will and Testament of Elizabeth R. Colee deceased, and is hereby admitted to probate and record in this Court.
(SEAL) Cecil B. Collins Clerk
State of Indiana, Shelby County, SS:
I, Cecil B. Collins Clerk of the Circuit Court of Shelby County, Indiana, do hereby certify that the within annexed Will and Testament of Elizabeth R. Colee has been duly admitted to probate, and duly proved by the testimony of Wilbur W. Israel and Frederick W. Mohr the subscribing witnesses thereto, that a complete record of said Will, and of the testimony of the said Wilbur W. Israel & Frederick W. Mohr in proof thereof, has been by me duly made and recorded in Book 7 at pages 161 & 162 of the record of Wills of said County.
In
Attestation Whereof, I have hereunto subscribed my name and affixed the seal of
said Court, at Shelbyville Indiana, this 11 day of October 1916.
(SEAL) Cecil B. Collins Clerk
Circuit Court Shelby County
Codicil To The Last
Will and Testament of Elizabeth R. Colee
I, Elizabeth R. Colee, of Shelby County, Indiana, having heretofore on the 10th day of June, 1916, executed my last Will and Testament, do now make and declare this to be a codicil thereto:
At the time of making said will I was indebted to my daughter, Madora Vice, to my grand daughter Hazel Colee and to my daughter-in-law, Emily Colee, and have since become further indebted to said daughter and grand-daughter, for services rendered me by them and it was my intention and desire that each of them should be paid the reasonable value of such services out of my estate after my death, but I have since given the matter further consideration and realizing the necessity for such services and their value to me, I have determined to make specific provision for payment for said services so rendered by said parties and to be rendered by them, and do hereby make provision therefore as follows;
Item 1. Whereas my said daughter, Madora Vice, has furnished me a home, board and lodging, done my washing and sewing and cared for an nursed me during sickness, each year through the winter months for the past twelve years, and I have been at her home continuously for the past nine months and have been confined to my bed for the last seven months of said time and am now so confined and during all of said nine months my said daughter with the assistance of my grand-daughter, Hazel Colee, has given me constant care and attention and ministered to all my wants, now in consideration for such services I hereby give and bequeath to my said daughter, Madora Vice, the sum of One Thousand Dollars ($1000.00), which sum shall be paid to and accepted by her as full compensation for such services so rendered to me by her and to be hereafter rendered by her.
Item 2. Whereas my said daughter-in-law, Emily Colee, has furnished me a home, done my washing and sewing and attended and cared for me when sick, during all the time when I was not at the home of my said daughter, for the past twelve years and during said time treated me kindly and after I became permanently afflicted did, with the assistance of my said grand-daughter, Hazel Colee, give me proper care and attention, now in consideration for such services I hereby give and bequeath to my said daughter-in-law, Emily Colee, the sum of Five Hundred Dollars ($500.00), which sum shall be paid to and accepted by her as full compensation for such services so rendered me by her.
Item 3. Whereas my grand-daughter, Hazel Colee, has rendered me valuable services in waiting upon me and ministering to my wants and comfort during the time I lived with her mother, said Emily Colee, and during the seven months last past, and is now attending me constantly and assisting my said daughter, Medora Vice, in caring for and nursing my present illness, now in consideration for such services so rendered me by said Hazel Colee, the sum of Five Hundred Dollars ($500.00) which sum shall be paid to and accepted by her as full compensation for such services so rendered to me by her and to be hereafter rendered by her.
In other respects I hereby confirm
the provisions contained in my said Will.
Witness my hand and seal this 19th day of September, 1916, at the city of Shelbyville, In the State of Indiana.
Elizabeth R. Colee (SEAL)
The foregoing instrument was
signed, sealed and acknowledged by the said Elizabeth R. Colee as a codicil to
her last Will and Testament in our presence, who at her request, in her
presence and in the presence of each other have subscribed our names as
witnesses thereto this 19th day of September 1916.
F.W. Mohr
Wilbur W. Israel
State of Indiana, Shelby County, SS:
Be
it remembered, that on the 11th day of October A.D., 1916 the 9th
judicial day of the October Term of the Shelby Circuit Court in said year, come
into open Court Wilbur W. Israel and produces in Court an instrument in writing
purporting to be a codicil to the last Will and Testament of Elizabeth R.
Colee, deceased, and now moves the admittance thereof to probate and record,
and in proof of said Will introduces himself and Frederick W. Mohr the
subscribing witnesses thereto, who being duly sworn by the Clerk of said Court,
on oath, declare and testify as follows, that is to say: That on the 19th day of September,
1916 he saw the said Elizabeth R. Colee sign her name to said instrument in
writing as and for a codicil to her last Will and Testament; and that this
deponent, at the same time, heard the said Elizabeth R. Colee declare the said
instrument in writing to be a codicil to her last Will and Testament, and that
the said instrument in writing was, at the same time, at the request of the
said Elizabeth R. Colee and with her consent attested and subscribed by the
said Wilbur W. Israel and Frederick W.Mohr and in the presence of said
testator, and in the presence of each other, as subscribing witnesses thereto,
and that the said Elizabeth R. Colee was, at the time of the signing and
subscribing of said instrument 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.
Wilbur F. Israel
Frederick W. Mohr
Sworn to and subscribed by the
said Wilbur W. Israel and Frederick W. Mohr before me Cecil B. Collins Clerk of
said Court, at Shelbyville Indiana, the 11th day of October 1916.
Cecil B. Collins Clerk
Whereupon it is ordered, adjudged
and decreed by the Court that said instrument in writing purporting to be a
codicil to the last Will of Elizabeth R. Colee deceased, is a codicil to the
last Will and Testament of said Elizabeth R. Colee deceased, and is hereby
admitted to probate and record in this Court.
(SEAL) Cecil
B. Collins Clerk
State of Indiana, Shelby County, SS:
I, Cecil B. Collins Clerk of the Circuit Court of Shelby County, Indiana, do hereby certify that the within annexed codicil to the Will and Testament of Elizabeth R. Colee has been duly admitted to probate, and duly proved by the testimony of Wilbur W. Israel and Frederick W. Mohr the subscribing witnesses thereto, that a complete record of said Codicil and of the testimony of the said Wilbur W. Israel and Frederick W. Mohr in proof thereof, has been by me duly made and recorded in Book 7 at pages 163 &164 of the record of Wills of said County.
In
Attestation Whereof, I have hereunto subscribed my name, and affixed the seal
of said Court, at Shelbyville Indiana, this 11th day of October
1916.
(SEAL) Cecil B.
Collins Clerk
Circuit Court Shelby County
Transcribed by Barb Huff
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