Last Will and
I, John Harrell of Shelby county, in the State of Indiana, being of sound and disposing mind and memory do make and publish this, my last will and testament in manner and form following, to wit:
First:- It is my will that my just debts, expenses of my last sickness and funeral expenses shall be fully paid and satisfied.
Second:- I give and devise to my son Ollie Harrell for and during his natural life and at his death to descend in fee simple to his children or their descendents if any survive him, the following described real estate in Shelby County State of Indiana, to wit: - The west half of the Northwest quarter of section thirty four (34) in township twelve (12) North, of range six (6) east, containing eighty acres (80) more or less.
Third:- I give and devise to my daughter Aurilla Zeigler for and during her natural life and at her death to descent in fee simple to her children or to their descendants if any survive her, and if no children or their descendants survive her to descent to my said son Ollie Harrell for and during his natural life and at his death to his children or their descendants if any survive him the following real estate in Shelby County the State of Indiana to wit: The north half of the north west quarter of section twenty seven (27) in township twelve (12) north of range six (6) east except two (2) acres off of the north west corner thereof described as follows, to wit: - Beginning at said north west corner, running thence south sixteen (16) rods; thence west twenty (20) rods; thence north sixteen (16) rods; thence west twenty (20) rods to the place of beginning and also except about one eighth (1/8) of an acre out of the south side of said first described tract immediately west of the gravel road owned by Elsey Osborne, and also devised to said Aurilla and to descendants on the terms and conditions aforesaid, as a part of the tract first above mentioned in this item the following tract, beginning at the southeast corner of the northwest quarter of the northeast qiarter pf sectopm, township and range aforesaid, running thence south seven and ten one hundredths ( 7 10/100) chained; thence west eight and sixty one hundredths (8 60/100) chains to the middle of the Shelbyville and Smithland gravel road; thence north thirty nine 1/4 deg east, nine and seven hundredths (9 7/100) chains; thence east two and seventy five hundredths ( 2 75/100) chains to the place of beginning, containing four acres and containing in all eight two (82) acres more or less, said life estate of said Aurilla in (?) real estate being construed to mean the rents and profits thereof for and during her natural life, shall go, be held, and used and disposed of for her use and benefit of her during her natural life as provided for in the fourth clause of this will and not otherwise.
Fourth:- I hereby give and bequeath all of the personal property of which I may die possessed and own, after the proper execution of the first clause of this will, to my said children Ollie Harrell and Aurilla Zeigler in equal proportions, share and share alike, to have and hold the same as follows, to wit: that part thereof provided for Aurilla Zeigler together with one half of the crops raised on the tracts of parcels of land devised to said Aurilla Zeigler in the third clause of this will shall be taken possession of by my son Ollie Harrell as Trustee for the use and benefit of my daughter Aurilla for and during her natural life. The said Trustee to pay over to said Aurilla such part or portion thereof from time to time for her convenience, comfort and personal use as he may in excersing a sound descretion deem necessary and proper for her to have and enjoy under the circumstances at the time of such payment without with holding from her at any time a generous sum to supply her necessities and wants. Said Trustee out of the funds in his hands as such, to keep said real estate devised to Aurilla in good repair with the necessary and proper improvements thereon and also to pay the annual taxes and insurnace on same. The half of the crops raised annually on the tract of land devised to said Aurilla by this will to go to, be held and owned by William Zeigler the husband of said Aurilla Zeigler as long as he remains the husband of said Aurilla to enable him to properly care for his family and himself provided during said time he occupies with his family said tracts and provided he farms and cultivates the same in good husbandlike manner and properly harvests and gathers the crops he raises thereon and puts in good order the one half thereof to which the said Aurilla is entitled to, in the mow, granary, crib or proper place on the premises, if at any time after this will takes effect the relation of husband and wife ceast to exist between said William Zeigler and Aurilla Zeigler then said half of said crops provided for him in this will shall cease to go to him of any part thereof. In the event my said daughter Aurilla Zeigler shall depart this life without leaving any child or children or the descendents of any child or children surviving her, the property, or funds remaining if any in the hands of such trustee or his successor in office shall go to be held and owned by my son Ollie Harrell for and during his natural life, and at his death to descend to his children or their descendents he leaves surviving but if the said Aurilla Zeigler shall at her death leave any child or descends of any child or children surviving her ; the funds remaining in the hands of such trustee devised from the sources afore said shall descend to them. It is my will that said Trustee shall exercise the right to see that a fair and equal division of all crops raised on the lands herein above and herein after described as given to my said daughter as in this will provided, shall be made, and in order that my will in this respect may be carried out I hereby empower and direct my said trustee to either by himself in person, or by the appointment by him of somebody competent person to help in a division of the same; and I hereby empower and direct said Trustee to superintend the cultivation of said farm to the extent that he shall have the right to say and designate the fields and crops to be put in them.
Fifth:- That the said Ollie Harrell is hereby authorized to discharge the duties of trustee with out the execution of any bond, but if the said Aurilla Zeigler shall survive the said Ollie Harrell, then his successor in office as such shall be appointed by the Judge of the Shelby Curcuit Court, who may require him to execute bond with freehold securitites in double the sum to be received by him at the time of his appointment, and to be kept at all times in such sum as to provide ample security for the funds in his hands.
Sixth:- I also give and devise to my son Ollie Harrell and my daughter Aurilla Zeigler, to have and hold and enjoy for and during the term of their natural life and for that time only, share and share alike, the following described real estate in Shelbyn County Indiana, to wit: The north west quarter (1/4) of the south west quarter (1/4) of section thirty one (31) township twelve (12) north, range seven (7) east: containg forty three (43) and fifty six hundredths (56/100) acres more or less.
Seventh:- Upon the death of either of my said children (?) the death of the other, the interest of said deceased child shall go to the child or children of said deceased child, and upon the death of my other child his interest shall descend to his child or children to the extent of the life estate and interest would have by virtue thereof and upon the death of both of my said children then it is my will that all my said real estate described in item "sixth" here in shall go to and be the absolute property of the children of the children of my said son and my said daughter, share and share alike.
Eighth:- In the event of my daughter, Aurilla Zeigler shall depart this life before the death of my said son Ollie Harrell, leaving her surviving minor children or the descendents of children who are minors, I hereby appoint my said son as trustee to manage their estates and take charge of all rents and profits thereof descending to said minor children, for and during the period of their minority.
Ninth:- I hereby constitute and appoint my son Ollie harrell as executor of this will.
In witness whereof I have hereunto set my hand this 15th day of December 1913.
Subscribed by the said John Harrell in our presence, and by him declared to be his last will, and attested by us as such in his presence and in the presence of each other, this 15th day of December 1913
State of Indiana, Shelby count SS:
Be it remembered that on the 16th day of April, A. D. 1917 that judicial day of the March tem of the Shelby Circuit Court in said year, come into open court Ollie Harrell and produces in court an instrument in writing purporting to be the last will and testament of John Harrell, deseased, and now moves the admittance thereof to probate and record, and in proof of said will introduces David Smith one of the subscribing witnesses thereof, who being duly sworn by the Clerk of this Court, on oath declare and testifies as follows, that is to say: that on the 15th day of December 1913 he saw the said John Harrell 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 Harrell and with the consent attested and subscribed by the said David Smith and William Pryor in the presence of said Testator, and in the presence of each other, as subscribing wittness thereto, and that the said John Harrell was, at the time of the signing and subscribing of said instrument in writing, as aforesaid, or 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
Sorn to and subscribed by the said David Smith before me Cecil B. Collins Clerk of said Court at Shelbyville, Indiana, the 16th day of April 1917
Cecil B. Collins, Clerk
Whereupon it is ordered, adjudged and decreed by the court that the said instrument in writing purporting to be the last will and testament of John harrell deceased, is the last will and testament of John Harrell, deceased, and is hereby admitted to probate and record in this court.
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 Harrell has been duly admitted to probate, and duly proved by the testimony of David Smith one of the subscribing witnesses thereto, that a complete record of said will, and of the testimony of the said David Smith in proof thereof, has been by me duly made and recorded in book 7 at pages 218, 219, 220 and 221 of the record of wills of said county.
In attestation whreof, I have hereunto subscribed my name and affixed the seal of the said Court, at Shelbyville, Indiana, this 16th day of April, 1917.
Cecil B. Collins, Clerk
Circuit Court, Shelby County
Transcribed by Jann Rapp DeMeire