Will of
Benjamin
F. Ensley
I, Benjamin F. Ensley of Bartholomew County Indiana, being of
sound mind and disposing memory do hereby make publish and declare the following
as and for my last Will and Testament hereby revoking any and all former wills
heretofore at any time made by me and as follows, namely:
First:
I will and direct that all my just debts, expenses of last sickness,
and expenses of my funeral be paid.
Second:
I will and give unto my daughter Nancy A. Hill (now wife of Edward
Hill) my musical organ, now used as a family organ in addition to what I
shall hereinafter will to her. I also will and give unto my son Landa H.
Ensley, all the farming implements, tools, wagons, work harness, owned and
left by me at my death in addition to what I shall hereinafter will to him.
Third:
I will and give unto my daughters, Nancy A. Hill, Mary A. Heck,
(now wife of Isaac Heck) Prudence O. Jordan (widow of Frank
Jordan deceased) and to my sons Peter B. Ensley, Benjamin F. Ensley, Jr.
and Landa H. Ensley, all the household and kitchen furniture except said organ,
to include all pictures, frames therefore and other articles used in and about
my last residence.
I further will and give share and share alike to be equally divided between
them, unto my said daughters, Nancy A. Hill, Mary A. Heck, Rachael M. Larmore
(wife of Samuel E. Larmore) Margartette C. Underwood (wife of
John
Underwood) Prudence O. Jordan, and to my sons, Peter B. Ensley, Benjamin F.
Ensley Jr., Landa H. Ensley all the residue of the personal property of every
description whatsoever not herein already disposed of, by item second of this
will, shall be subject first to the payment of the debts and expenses mentioned
in item first of this will.
Fourth:
I will, give, bequeath and devise unto my said daughter, Prudence O.
Jordan, in addition to what I have already willed to her and in full of the
residue of her interest in and to the property and estate left by me at my death
the following real estate in Shelby County, in the State of Indiana, towit:
Beginning at a point fifty and five eights (50 5/8 ) rods North of the South
West Corner of the West half of the North East Quarter of Section thirty-three
(33) Township Eleven (11) North of Range Six (6) East, thence North fifty-one
and three fourths (51 ¾ ) rods, thence East forty-one (41) rods and twelve and
one half (12 ½ ) feet to the Center of a public highway, thence South along the
Center of said highway twenty and one half (20 ½ ) rods, thence East
thirty-eight (38) rods and four (4) feet to the East line of said tract, thence
South twenty and one half (20 ½ ) rods, thence West thirty-eight (38) rods, and
four (4) feet, to the Center of said highway, thence South along the Center of
said highway ten and three fourths (10 ¾ ) rods, and thence West thirty-four
(34) rods and twelve (12) feet to the place of beginning, Containing 18.40 Acres
more or less except that part thereof heretofore conveyed by me to my said
daughter Prudence O. Jordan and it is my will that my said daughter, Prudence O.
Jordan have and take no other part or portion of the property and estate left by
me except as hereinafter will to her.
Fifth:
I hereby will, give, grant, bequeath and devise equally unto my said
sons, Benjamin F. Ensley Jr. and Landa H. Ensley, the following real estate in
Bartholomew County in the State of Indiana, towit: All the real estate owned and
which may be owned by me at my death in fee Simple in said Bartholomew County
being a part of the East half of the South East Quarter and a part of the East
half of the North West Quarter of section five (5) Township ten (10) North of
Range Six (6) East, Containing Eighty-five Acres more or less and known as my
home farm, subject to the payments by my said sons Benjamin F. and Landa H.
Ensley as hereinafter provided: And in the event my said son Benjamin F. Ensley
after my death shall elect and decide that he does not desire said land or the
interest herein willed to him and shall so notify in writing my said son Landa
H. Ensley within thirty days next after my death of his decision not to accept
said land, or shall fail within the thirty days next after my death to give said
notice as aforesaid then and in said event all said lands in Bartholomew County,
Indiana , is hereby willed, given and devised unto said Landa H. Ensley in fee
Simple, and the said Landa H. Ensley shall make the payments hereinafter
provided for to my said other children, hereinafter named.
Sixth:
I hereby will, give and bequeath unto my daughter Nancy A. Hill in
lieu of her interest in said last above described real estate the sum of five
hundred and sixty-five dollars ($565.00) which sum is hereby made and declared
to be a lien until paid on the last above described real estate, and which sum
shall be paid as hereinafter provided.
I will, give and bequeath unto my daughter Mary A. Heck in lieu of her
interest in said last above described real estate the sum of five hundred and
sixty-five dollars ($565.00) which sum is hereby made and declared to be a lien
until paid on the last above described real estate and which sum shall be paid
as hereinafter provided.
I will, give, and bequeath unto my son Peter B. Ensley in lieu of his
interest in the last above described real estate the sum of five hundred and
sixty-five dollars ($565.00), which sum is hereby made and declared to be a lien
until paid on the last above described real estate and which sum shall be paid
as hereinafter provided.
Whereas I heretofore advanced money to my said daughter Rachael M. Larmore,
evidenced by a certain promissory note this day cancelled and destroyed by me
which note was payable to my order. I therefore will, give and bequeath unto my
said daughter Rachael M. Larmore in lieu of her interest in the last above
described real estate, the sum of three hundred dollars ($300.00) which sum is
hereby made and declared to be a lien until paid on the last above described
real estate and which sum shall be paid as hereinafter provided.
And whereas I heretofore advanced money to my said daughter Margarette C.
Underwood, evidenced by two certain promissory notes payable to my order this
day cancelled and destroyed by me. I therefore will, give and bequeath unto my
said daughter Margarette C. Underwood in lieu of her interest in the last above
described real estate, the sum of three Hundred and seventy-five dollars
($375.00) which sum is hereby made and declared a lien until paid on the last
above described real estate and which sum shall be paid as hereinafter provided.
In the event my said son Benjamin F. Ensley shall elect and decide and give said
notice in writing and within the time and as provided for or shall fail to give
said Notice as aforesaid within said time concerning his decision as to the
acceptance of said real estate and as provided he shall do or fail to do in item
fifth of this my will then said real estate is willed and devised as aforesaid
to my said son Landa H. Ensley and the sum of five hundred and sixty-five
dollars ($565.00) is hereby willed, and given to my said son Benjamin F. Ensley
in lieu of his interest in the last above described real estate which sum is
here made, and declared to be a lien until paid upon the said last above
described real estate, which sum shall be paid as hereinafter provided, but my
said son Benjamin F. Ensley Jr. shall not have both said real estate and money,
that is to say that if my said son shall accept the real estate herein above as
willed to him then he shall not have the money herein willed to him, and in the
event he does not or fails as aforesaid to accept said real estate then he shall
have said money to be paid to him as hereinafter provided.
I further will, provide ad specially direct that each and all the foregoing
sums provided to be paid to my said children in this sixth item of my will shall
be due and payable without any interest in three equal annual installments, Each
next after my death, the first installment falling due at the expiration of one
year, next after my death, the second installment at the expiration of two years
next after my death, and the third and last installment at the expiration of
three years next after my death, and I will and direct in the event that my said
sons, Benjamin F. and Landa H. Ensley shall become the owners of the last above
described real estate Jointly under and as provided in this my will, then and in
that event my said sons Benjamin F. and Landa H. Ensley, shall be equally liable
and pay all the foregoing sums of money as provided for in this item sixth of
this my Will, each paying one half thereof, except the said sum herein willed to
said Benjamin F. Ensley which shall not be paid in the event of said joint
ownership of said real estate. And in event my said son Landa H. Ensley shall
become the sole owner of all the last above described real estate as provided in
item fifth and sixth of this my will then and in that event my said son Landa H.
Ensley shall pay all said sums so willed and as provided, the same shall be paid
without interest in thee annual installments including the said sum herein
willed to my said son Benjamin F. Ensley to be paid in installments as provided
said other sums shall be paid.
Seventh:
I will provide and specially direct that if and in the event any one
or more of my children and heirs herein named shall become dissatisfied with the
terms and conditions of this my will and shall institute or cause to be
instituted, bring or cause to be brought any suit or action at law or equity in
any Court whatever for the purpose of varying the terms of this my will or any
one of the terms of this my will, or conditions of this my will or to resist the
probate thereof or to set aside the probate thereof after probated or cause the
same to be done directly or indirectly then in any such event or either of such
events the entire portion and part of my property and estate of any such child
or heir children or heirs so doing shall each be reduced on account thereof to
the sum of one hundred dollars ($100.00) Each in full of their distributive
share each in my said estate to be payable without interest within three years
next after the violation of this my provision in item seventh, and the residue
that such dissatisfied heir or heirs in excess of one hundred dollars ($100.00)
Each is hereby willed and given share and share alike to said other heirs herein
named not violating the provisions in this the seventh item of my will to be
paid said other heirs not dissatisfied as original provided to have been paid to
those heirs provided they had not violated the provisions in this seventh item
of my will.
Eighth:
I hereby will and specially direct and select my two sons, Landa H.
Ensley, and Peter B. Ensley immediately upon my death to take control and charge
of the property left by me and distribute the same in all instances as provided
in this my will, and my said sons or either of them on account of taking charge
of the property belonging to my said estate and in carrying out the terms and
conditions of my said will shall not in any event be required to give or execute
any bond or other obligation, nor to make any inventory and file the same as
required by law nor to make any report as to the settlement of my said estate to
any Court as required by law, but on the Contrary shall proceed to settle my
estate under this will as herein provided.
In Witness whereof I have made, published and declared the foregoing as and
for my last Will and Testament, hereby revoking any and all former wills
heretofore at any time made by me, and have hereunto set my hand and seal in the
City of Columbus, Indiana on this 1st day of April 1899, in the presence of the
subscribing witnesses each of whom at my request and in my presence and in the
presence of each other did attest my execution of this Will at the same time and
place.
Benjamin F. Ensley (SEAL)
Attesting Witneses: Clarence C. McCullough
Francis E. Stevens
W.H.G. Butler
State of Indiana
Bartholomew County SS
I, Wm. F. Barrett, Clerk of the Circuit Court of said County and State
aforesaid, do hereby certify that the above and foregoing contains a full, true
and complete copy of the last Will and Testament of said Benjamin F. Ensley,
together with the proof and probate thereof as the same appears of record in
Will Book E of said Court.
Witness my hand and the seal of said Court this 1st day of August A.D. 1903.
Wm. F. Barrett Clerk
In The Matter of the Probate of the Last Will and Testament of Benjamin F.
Ensley, Deceased
Comes now, Clarence C. McCullough and presents an instrument in writing
purporting to be the last will and testament of Benjamin F. Ensley, deceased and
Clarence C. McCullough being first duly sworn, testifies as follows, which
testimony is reduced to writing and signed by him, and reads as follows:
In Vacation, personally came Clarence C. McCullough one of the subscribing
witnesses to the foregoing instrument of writing, who being by me first duly
sworn, upon oath deposes and says that Benjamin F. Ensley late of Bartholomew
County and state of Indiana, deceased now having assets in said Bartholomew
County, and state of Indiana, the testator named in the instrument of writing
purporting to be his last Will and Testament did sign, seal, publish and declare
the same to be his last Will and testament, on the day of the date thereof, that
the said testator was at the same time of the full age of twenty-one years, and
of sound and disposing mind and memory, and that he was no under coercion,
compulsion or restraint, and that he was competent to devise his property; and
that the said testator so signed, sealed, published and declared the same to be
his last Will and Testament in manner and form as aforesaid, in the presence of
affiant and of Francis E. Stevens and W.H. G. Butler the other subscribing
witness thereto, and that they each attested the same and subscribed their names
as witnesses thereto in the presence and at the request of said testator and in
the presence of each other.
Clarence C. McCullough
Subscribed and sworn to before me, in witness of which I hereunto affix the
seal of said Court and subscribe my name at Columbus this 1st day of August A.D.
1903.
Wm. F. Barrett, Clerk
State of Indiana
Bartholomew County SS:
I, Wm. F. Barrett, Clerk of the Circuit Court of Bartholomew County, Indiana,
do hereby certify that the within annexed Will and Testament of Benjamin F.
Ensley has been duly admitted to probate, and duly proved by the testimony of
Clarence C. McCullough one of the subscribing witnesses thereto, that a complete
record of said Will and of the testimony of the said Clarence C. McCullough in
proof thereof, has been by me duly made and recorded in Book E, at pages 205 to
211 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 Columbus, this 1st day of August 1903.
Wm. F. Barrett Clerk Circuit Court of Bartholomew County
Transcribed by Barb Huff
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