Last Will and Testament of
Mary C. McDonald
I, Mary
C. McDonald, of Shelby County in the State of Indiana hereby make and
publish this my last Will revoking all former wills made by me.
Item 1I
direct that all my just debts funeral expenses and cost of administering my
estate be paid and that there be erected at my grave a suitable monument with
appropriate inscriptions thereon unless the same be done by me in my lifetime.
Item 2I
give and devise to my daughter, Alice A. Lingenfelter, the full ONE-NINTH
part in value, of all my real estate but in case she shall not be living at the
time of my decease then I give and devise the said ONE-NINTH to James P.
McDonald and Tatta D. Boss, my children, share and share alike.
Item 3I
give and devise unto James P. McDonald and Tatta D. Boss, my son and daughter,
all the residue of my real estate and personal property left after paying my
debts and expenses of administration.
Item 4I
make this division of my property for the reason that James P. McDonald and Tatta
D. Boss deeded to me, without consideration, their two-thirds interest in the
real estate I now own and which they inherited from their father and I desire
that they each receive the part so conveyed to me and share equally with said
Alice A. Lingenfelter, my daughter by former marriage, the remaining one-third
of my real estate inherited by me from the father of the said James P. McDonald
and Tatta D. Boss.
Item 5I
further specially direct that my executor, hereinafter named, shall have
exclusive control over all my real estate herein devised for the period of
eighteen months after my decease and shall rent the same and apply the rents
and profits to the payment of indebtedness if any there be against my estate
and in case any such rents and profits shall remain in his hands after the
payment of said debts such residue shall be divided among my said legatees in
the same proportion as my real estate is devised herein and I further direct
that if any one or more of the devisees named herein shall bring any suit or
make any other attempt to defeat the purpose of this will such person or
persons shall take no interest whatever in my estate provided that if my
children, named herein, as legatees, shall elect, by an agreement in writing,
signed by them all, to take the control of said real estate out of the hands of
said executor before the expiration of eighteen months then each of them shall
have full possession of his or her share of said real estate, so devised, from
and after the signing of said contract.
ItemI
hereby select Charles Owen as executor of this my last will.
In Witness whereof I have hereunto set my hand and seal this
4th day of January A.D. 1909.
Mary C. McDonald (SEAL)
The
foregoing will was signed by said Mary C. McDonald and acknowledged by her to
be her last will and testament in our presence and we hereby attest her
signature thereto in her presence, at her request, and in the presence of each
other this 4th day of January 1909.
Jno. P. Meloy
Anderville Shaw
State of Indiana, Shelby County, SS:
Be it
remembered, That on the 7th day of September 1916 Anderville Shaw
one of the subscribing witnesses to the within and foregoing last Will and
Testament of Mary C. McDonald late of said County, deceased, personally appeared
before Cecil B. Collins, Clerk of the Circuit Court of Shelby County, in the
State of Indiana, and being duly sworn by the Clerk of said Court, upon his
oath, declared and testified as follows, that is to say: That on the 4th day of January
1909 he saw the said Mary C. McDonald sign her name to the said instrument in
writing as and for her last Will and Testament; and that this deponent, at the
same time, heard the said Mary C. McDonald 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 Mary C. McDonald and
with her consent attested and subscribed by the said Anderville Shaw and John
P. Meloy in the presence of said testator
and in the presence of each other, as subscribing witnesses thereto, and
that the said Mary C. McDonald 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.
Anderville Shaw
Sworn to
and subscribed by the said Anderville Shaw before me, Cecil B.Collins Clerk of
said Court, at Shelbyville the 7th day of September 1916.
In
Attestation Whereof, I have hereunto subscribed my name, and affixed the seal
of said Court.
Cecil B. Collins
(SEAL) Clerk Shelby Circuit Court
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 Mary C. McDonald has been duly
admitted to probate, and duly proved by the testimony of Anderville Shaw one of
the subscribing witnesses thereto, that a complete record of said Will and of
the testimony of the said Anderville Shaw in proof thereof, has been by me duly
made and recorded in Book 7 at pages 149 & 150 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, this seventh day of September 1916.
(SEAL) Cecil B. Collins
Clerk Circuit Court, Shelby County
Transcribed by Barb Huff
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