Will Index Main Page
Last Will and Testament of
John W. Henry
State of Indiana Shelby County
I, John W. Henry, being a person of sound and disposing mind and memory do make and publish this my last will and testament hereby revoking all former wills and codicils by me made.
Item 1. I direct that my executor shall be hereinafter named pay all my just debts, including the expense of my last sickness and funeral, the costs of administering my estate and the expense of a suitable monument for my grave; I will that my executor purchase a monument for my grave similar in quality and size and build to the one at the grave of my uncle, William D. Willard, subject however to the order or the probate Court in the settlement of my estate; It is also my wish that my executor convert all my personal property, except what is herein otherwise provided, into cash as soon after my death as can be reasonably done.
Item 2. It is my will that my beloved wife Mary E. Henry have the use and possession of all the household goods in my home at the time of my death, except the piano, for and during the time of her natural life and at her death such household goods, shall be, by my executor divided equally among my children or the descendants of any child if any be dead leaving child or children surviving them, such child or children to take the part the parent would take were such parent living, it is also my will that my wife have all the provisions in the home at the time of my death, except the piano, and at her death said household goods to be by my executor divided share and share alike between my children, also all provision in the home at the time of my death to be the property of my said wife, the provision being for the use of the table as herein referred to in this item.
Item 3. I hereby will, give and bequeath to my beloved wife Mary E. Henry the sum of Five Hundred Dollars to be her absolute property.
Item 4. I hereby will, give and bequeath to my daughter Josie Henry the piano in my home at the time of my death, and should said daughter be a minor at the time of my death it is my will that my executor act as her guardian, subject to the consent of my said daughter and the order of the probate Court.
Item 5. To the end that all my children share equally in the end and in the division of my estate, I direct that whatever of the principal and interest of certain promissory notes executed by my son, Claude Henry to me, and as follows; one note for $18.10 dated Sept. 12th 1903, one for $400, dated April 1st 1901, one for $53.00 dated Jan. 12th 1903, shall be due and owing at the time of my death shall be taken into consideration in the division of my estate among my said children, the said notes and the amounts owing thereon at the time of my death to be considered as an advancement made by me to my said son Claude; also it is my will and I direct that whatever the principal and interest of certain promissory notes executed by my son-in-law, William B. Jeffries, to me said notes being as follows, one note for $100, dated June 16th 1908, one for $145, dated Dec, 13th 1908, one for $437.75 dated Jan., 23rd 1909, shall be due and owing to me at the time of my death shall be taken into consideration in the division of my estate among my said children, the said notes and the amounts due and owing thereon at the time of my death to be considered as an advancement made by me to my said daughter Pearl Jeffries. It is also my will that the interest on all of said notes be computed at the rate of six per cent per annum as some of the notes bear other rates of interest, my object being that all my children be treated alike and share equally in my estate in the end.
Item 6. I hereby give will and bequeath the sum of Twenty-Five Hundred Dollars to be applied as follows; said sum of twenty five hundred dollars to be held in trust by my executor till the death of my said wife Mary E. Henry, should she be living at the time of my death, and by him vested in building and loan stock and the income from said sum after the costs of the trustee and taxes and other necessary expenses are paid, be paid semiannually to my wife Mary E. Henry so long as she may live and after the death of my said wife it is my will that said sum after all the necessary expenses are paid therefrom, be by my executor divided equally among my said children Viz: Claude Henry, Pearl Jeffries and Josie Henry, share and share alike, should any of my children be dead leaving child or children surviving him then and in that event it is my will that said child or children take the part the parent would have taken if living: It is my will that said sum of $2500 be held in trust so the income therefrom furnish my said wife the comforts of life so long as she may live, should my said wife be dead at the time of my death then said sum is to be divided according to Item seven of this will.
Item 7. The remainder and residue of my estate after the payment of the above bequests and the cost of administration I hereby will, give and devise and bequeath, share and share alike to my children, Claude Henry, Pearl Jeffries and Josie M. Henry, should any of my children be dead at the time of my death leaving child or children surviving them then and in that event it is my will that the child or children take the part their parent would have taken if living, they to share equally in the part of the parent; should any of my children be dead at the time of my death and leave no child or children surviving them then and in that event it is my will that said part go to my children living, or their children should they die leaving children surviving them. The children to share equally in the parents part.
Item 8. I hereby nominate and appoint John F. Walker as executor of this my last will and testament.
Dated at Shelbyville, Indiana this the 11 day of January 1915.
John W. Henry (SEAL)
Signed, sealed, published, declared and acknowledged by the
said John W. Henry as and for his last will and testament, who, at his request,
in his presence and in the presence of each other, have subscribed our names as
witnesses hereto this the 11 day of January 1915 at Shelbyville, Indiana.
State of Indiana, Shelby County, SS:
Be it remembered, that on the 17 day of October, A.D. 1916 the 14 judicial day of the October Term of the Shelby Circuit Court in said year, come into open Court John F. Walker and produces in Court an instrument in writing purporting to be the last Will and Testament of John W. Henry, deceased, and now moves the admittance thereof to probate and record, and in proof of said Will introduces Arthur McLane one of 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 Jan. 11 1915 he saw the said John W. Henry sign his name to said instrument in writing as and for his last Will and Testament; and that this deponent, at the same time, heard the said John W. Henry declare the said instrument in writing to be his last Will and Testament, and that the said instrument in writing was, at the same time, at the request of the said John W. Henry and with his consent attested and subscribed by the said Arthur McLane and David Koch in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said John W. Henry, 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.
Arthur McLane
Sworn to and subscribed by the said Arthur McLane before me Cecil B. Collins Clerk of said Court, at Shelbyville Indiana, the 17 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 John W. Henry deceased, is the last Will and Testament of John W. Henry 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 John W. Henry has been duly admitted to probate, and duly proved by the testimony of Arthur McLane one of the subscribing witnesses thereto, that a complete record of said Will, and of the testimony of the said Arthur L. McLane in proof thereof, has been by me duly made and recorded in Book 7 at pages 167,168 & 169 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 17 day of October 1916.
Election of Widow
I, Mary E. Henry, widow of John W. Henry, deceased, late of Shelby County, Indiana and whose last will and testament has been duly admitted to probate and record in the Shelby Circuit Court of said county and state hereby elect to accept the provisions made by said will in my favor in lieu of my rights and interest as such widow under the statutes of decent, in and to the personal estate of my said husband; and in consideration of the provisions of said will, my rights, under the statutes of decent, in and to the personal property of said decedent are hereby relinquished and released. Dated at Shelbyville, Indiana this the 17th day of October 1916.
Mary E. Henry widow of John W. Henry deceased
State of Indiana Shelby County
Personally
appeared before me the above named Mary E. Henry and acknowledged the execution
of the within and foregoing instrument as her free act and deed dated this the
17th day of October 1916.
Com. Ex. Jan. 12th 1919 (SEAL) John F. Walker
Notary Public
I, Mary E. Henry, widow of John W. Henry, deceased, late of Shelby County, Indiana, who died testate and whose last will and testament has been duly admitted to probate and record in the Shelby Circuit Court of said county and state hereby make election as such widow to take and accept the provisions made by said will in her favor in lieu of her statutory right as such widow in and to one-third of the lands of which her said husband died seized, and which statutory right in consideration of the provisions of said will, by her accepted as aforesaid, is hereby relinquished and released.
Dated at Shelbyville, Indiana this the 17th day of October 1916.
Mary E. Henry widow of John W. Henry deceased
State of Indiana Shelby County
On this the 17th day of October 1916 personally appeared before the undersigned a notary public in and for said County and State, Mary E. Henry, widow of John W. Henry deceased, to me well known, and having fully explained to her the contents of the foregoing instrument, acknowledged that she executed the same as her voluntary act and deed.
Witness my hand and notary seal the date at last above written at
Shelbyville, Indiana, Shelby County.
Com. Ex. Jan 12th1919 (SEAL) John F. Walker
Notary Public
Will Index Main Page