Last Will and Testament
of
Samuel
M. Thompson
I, Samuel
M. Thompson, of lawful age and being of sound mind and memory do make and
publish this my last Will and Testament, hereby revoking all wills heretofore
by me made.
Item
1. It is my will and I direct that
my Just debts be fully paid and satisfied.
Item 2. I give and bequeath to my
beloved wife Mary Thompson, Five Hundred ($500.00) dollars absolutely in
lieu of her statutory Five Hundred Dollars.
Item
3. I give and bequeath to my
brother James N. Thompson of Kern City, Kern County, California One
Hundred ($100.00) Dollars. To my half
brother Charles S. Thompson of Dayton Ky. Fifty ($50.00) Dollars. To my half brother George W. Thompson of Saint Joseph, Mo. Fifty ($50.00)
Dollars. To my son in law Edwin M.
Porter Fifty ($50.00) Dollars.
To Earle Morris Porter and Edwin Thompson Porter my grand children each Fifty ($50.00) Dollars.
Item 4. I give and bequeath to my
grandson Earle Morris Porter my gold watch.
Item 5. A Silver pitcher and silver
goblet that were awarded as premiums to my father by the State Fair Association
in 1856 for corn grown on what is now my farm, I bequeath to my daughter Bertha
(Thompson) Porter, in trust, and to be held by her in trust for the child
or children of hers and to be turned over to him or them when they shall come
in possession of my farm hereinafter below stipulated.
Item 6. My Library including the
following books viz: - Jameson Fausset and Brown’s “Bible Commentary,” Critical and Expository Bible Cyclopedia,
the complete Works of Thomas Josephus The Illustrated History of the Bible,
Edershum’s Life and Times of Jesus the Messiah (2 vol) Concise Cyclopedia of
Religious Knowledge, Smith’s Dictionary of Religious Knowledge, Smith’s
Dictionary of the Bible, The Life and Epistles of Saint Paul and Cruden’s
Complete Concordance, I bequeath to my
grand children, the children of my daughter Bertha, the ones now living as well
as any after born children. But it is
my desire and I direct, that said library shall be and remain in the possession
of my wife Mary for the term of her natural life, to read; also it is my desire
that my daughter Bertha have free access to said library at all times to read
any book or books therein, and that my grand children be always allowed and
encouraged to read any of the books, suitable to their ages, and at the death
of my said wife Mary, My daughter Bertha shall take possession of said library
and hold the same in trust, for my grand children until they become of age.
Item 7. I bequeath to my wife Mary, all
my household goods and Kitchen furniture beds and bedding and table ware,
except the sideboard, dining table and Six chairs for dining room, which were
the property of the Mother of “Bertha,” which last named articles are hereby
given to Bertha Porter if she shall want them, if not then these articles shall
go to my wife Mary as the other property Mentioned in this Item.
Item 8. I give and bequeath to my
daughter Bertha Porter, all pictures of her mother and of her mother’s
relatives in my residence & possession.
Item 9. If there shall remain any other
personal property of mine after paying my just debts, and carrying out
the foregoing bequests it is my will and I hereby bequeath any such balance to
my wife Mary and my daughter Bertha, in the following proportions viz: - one
third thereof to Mary and two thirds thereof to Bertha, and if the personal
property in this item disposed of other than money can not be amicably divided
by the two beneficiaries in this Item, then the same shall be sold by my
executrix hereinafter named and the balance divided therefrom with the other
money if any, be divided in the proportions herein mentioned.
Item
10. Should there be born one or
more grand children, it is my will and I direct that such child or children
shall receive exactly the same and equally with the two grand children now
living, except that Earle gets the watch hereinabove bequeathed to him.
Item 11. In the event the personal
property at my death shall be insufficient to meet the demands of the special
bequests above made, then and in that event my wife Mary shall be paid her
$500.00 promptly, and the others paid pro-rate from the money on hand and that
derived annually from the rents of the real estate until all are paid in full.
Item 12. I give and devise to my wife
Mary the full one third of my real estate for an during the term of her natural
life, she to keep buildings thereof insured and at her death said one third to
be and revert to my daughter Bertha Porter and her children, the children to
include the ones now living and also any child or children that shall hereafter
be born to her.
The other two thirds from my real estate is also hereby devised to my daughter Bertha T.
Porter and her children now living and to any after born child or children
subject however to the provisions made in the next item about the farm.
Item
13. It is my desire and I direct that my farm South of and near the City
of Shelbyville, Indiana be held for my grand children now living and any that
shall of may hereafter be born, but Bertha T. Porter shall receive the rents
profits income and gain of any or all of same, not taken by my wife, Mary as
provided in Item 12 above – She Bertha Porter to pay the taxed and keep up the repairs
in all held by her and from which she shall receive the rents and profits. She to receive the rents and profits as
above stated for the term of her natural life and at her death my grand child
or children, who are the children of Bertha Porter to receive said farm share
and share alike.
Item
14. It is my desire and I hereby so
direct that any other of my real estate not held by my wife Mary as her one
third, or the farm south of the City, may at any time be sold or exchanged by
my daughter Bertha Porter if it shall be thought best to do so by Bertha who is
the owner thereof, to do with it as she shall desire, but I desire and enjoin
upon her to pay to the Treasurer of the National prohibition party annually the
sum of not less that $10.00 so long as the licensed or legalized liquor traffic
for beverage purposes exists in the United States of America, or until her
death, and if at her death said traffic still exists it is my wish and desire
that my grand children assume this obligation and fully perform same as above
directed.
Item
15. Should my wife Mary not survive
me then in that event the property herein given to her by the items of this
will shall go to Bertha T. Porter and her children in the same proportions as
the other property given them, subject to the same directions and restrictions
of that other property.
Item
16. I hereby revoke any an all
former wills by me made.
Item
17. I hereby nominate my daughter
Bertha Thompson Porter as executrix of this my last will.
In witness
whereof I have hereunto subscribed my name and affixed my seal the 16th
day of January 1904.
Samuel M. Thompson (SEAL)
Signed by said Samuel M. Thompson in our presence and by each of us in his presence as
witnesses at his instance and request this 16th day of January 1904.
Witnesses Julius L. Showers
David
L. Wilson
State of Indiana Shelby County SS
Be It
Remembered, that on the 18th day of February, AD 1914, the 15th
Judicial day of the February Term of the Shelby Circuit Court in said year,
came into open Court David L. Wilson, and produces in Court an instrument in
writing purporting to be the last Will and Testament of Samuel M. Thompson,
deceased and now move the admittance thereof to probate and record and in proof
of said Will introduces David L. Wilson, 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 16th day of February
1904, he saw the said Samuel M. Thompson sign his name to said instrument in
writing as and for his last Will and Testament and that this deponent, at the
same time hears the said Samuel M. Thompson 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 Samuel M. Thompson, and
with his consent attested and subscribed by the said David L. Wilson and Julius
L. Showers in the presence of said testator, ad in the presence of each other
as subscribing witnesses thereto, and that the said Samuel M. Thompson 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.
David L. Wilson
Sworn to
and subscribed by the said David L. Wilson, before me Otto L. Coyle, Clerk of
said Court at Shelbyville, Indiana the 18th day of February 1914.
(SEAL) Otto
L. Coyle Clerk
Whereupon
it is ordered, adjudged and decreed by the Court that said instrument in
writing purporting to be the last Will of Samuel M. Thompson deceased, is the
last Will and Testament of Samuel M. Thompson deceased, and is hereby admitted
to probate and record in the Court.
Otto L. Coyle Clerk
State of Indiana, Shelby County SS
I, Otto L. Coyle, Clerk of the Circuit Court of Shelby County, Indiana, do hereby certify
that the within annexed Will and Testament of Samuel M. Thompson had been duly
admitted to probate, and duly proved by the testimony of David L. Wilson one of
the subscribing witnesses thereto, that a complete record of said Will and of
the testimony of the said David L. Wilson in proof thereof, has been by me duly
made and recorded in Book 6 at pages
430-432-432-433-435 & 436 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 18th day of February 1914.
Otto L. Coyle Clerk
(SEAL) Circuit Court Shelby County
CODICIL TO WILL OF SAMUEL M. THOMPSON
I, Samuel
M. Thompson, do make and publish this a codicil to the above and foregoing will.
Item
1. It is my desire and I bequeath
the following special bequests in lieu of, and instead of those made in Item
Three (3) in my original will.
To my brother James N. Thompson of California, I give Two Hundred ($200.00)
Dollars. To my half brother Charles S.
Thompson of Kentucky, I give one hundred ($100.00) dollars, to my half brother
George W. Thompson, of Missouri, I give One Hundred ($100) Dollars. To my son-in-law Edwin M. Porter, I give One Hundred ($100) Dollars. To Earle Morris Porter and Edwin Thompson Porter my grand children I give to each One hundred ($100) Dollars.
Item
2. Because of my sincere belief in
the Prohibition cause and knowing the zealousness of my wife Mary to the cause,
and her ardent desire to better humanity, and believing with my wife that the
abolition of the licensed liquor traffic meets with the approval of the Supreme
Ruler of the Universe, I therefore give to the Treasurer of the National
Prohibition Party the sum of One Hundred ($100) Dollars, to be paid to him by
my executrix, as soon as can be done conveniently, after paying the other
special bequests; this sum is in addition to the provision made in item 14 of
my will; but in no way shall it effect nor change the terms and provisions made
in said Item 14, this being only in addition thereto.
Conscious
of a heavy responsibility in all this matter, and that I possess only a finite
mind, I would say, I alone have, after due thought and reflection determined it
as seemed to me Just and right to all concerned.
In Witness
Whereof I have hereunto set my hand and affixed my seal this 18th
day of December AD 1908.
Samuel M. Thompson (SEAL)
Signed by
said Samuel M. Thompson in our presence as the codicil to his will and signed
by each of us, in his presence as witnesses and in the presence of each other
at his instance and request this December 18th 1908.
Witnesses Charles
W. Culbertson
David L. Wilson
State of Indiana, Shelby County SS
Be It
Remembered, that on the 18th day of February AD 1914, the 15th
Judicial day of the February Term of the Shelby Circuit Court in said year,
came into open Court David L. Wilson and produces in Court an instrument in
writing purporting to be the last Will and Codicil of Samuel M. Thompson deceased
and now moves the admittance thereof to probate and record and in proof of said
Will introduces Charles W. Culbertson 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 18 day of December 1908 he saw
the said Samuel M. Thompson sign his name to said instrument in writing as and
for his last Will and Codicil, and that this deponent, at the same time, heard
the said Samuel M. Thompson declare the said instrument in writing to be his
last Will, Codicil and that the said instrument in writing was, at the same
time, as the request of the said Samuel M. Thompson and with his consent
attested and subscribed by the said Charles W. Culbertson and David L. Wilson,
in the presence of said testator, and in the presence of each other as
subscribing witnesses thereto and that the said Samuel M. Thompson, 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.
Charles W. Culbertson
David L. Wilson
Sworn to
and subscribed by the said Charles W. Culbertson and David L. Wilson before me,
Otto L. Coyle, Clerk of said Court, at Shelbyville, Indiana the 18th
day of February 1914.
Otto L. Coyle Clerk
Whereupon
it is ordered, adjudged and decreed by the Court that said instrument in
writing purporting to be the last Will and Codicil of Samuel M. Thompson,
deceased is the last Will and Testament together with Codicil of Samuel M.
Thompson deceased and is hereby admitted to probate and record in this Court.
Otto L. Coyle Clerk
State of Indiana, SS
I, Otto L.
Coyle, Clerk of the Circuit Court of Shelby County, Indiana do hereby certify
that the within annexed Will and testament and Codicil of Samuel M. Thompson,
has been duly proved by the testimony of Charles W. Culbertson one of the
subscribing witnesses thereto, that a complete record of said Will, and if the
testimony of the said Charles W. Culbertson, in proof thereof has been by me
duly made and recorded in Book 6 at pages 436-437-438 of 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 18th day of February 1914.
(SEAL) Otto
L. Coyle Clerk
Circuit Court Shelby County
Transcribed by Barb Huff
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