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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