Andrew J. Tucker
I Andrew J. Tucker of Shelby County, Indiana do make and publish this, my last will and testament and do hereby revoke any and all former wills by me at anytime heretofore made.
Item 1. I do hereby will and devise to my beloved wife Margaret E. Tucker, to have and to hold during the term of her natural life and widowhood, and for that term only, my home farm, consisting of One Hundred and Twenty (120) acres of land more or less in the North East Quarter of Section three (3) in township fourteen (14) north, and range six (6) East, in Shelby County, Indiana;
And I do also will and bequeath to my said wife for the same term of her natural life and widowhood, all house hold goods and furniture belonging to me and in my house at the time of my death (excepting such articles there of belonging to my daughters now at home); also one horse and buggy and harness, two cows one brood saw and litter of pigs, all poultry belonging to me, and sufficient bread stuff, meat and lard for the maintenance of herself and family for one year, all to be chosen by my said wife after my death; and the foregoing bequest and devise shall be taken by my said wife in lieu of all her statutory rights in my estate.
Item II: I hereby nominate my son Thomas Marion Tucker to be the executor of this will.
Item 3: I hereby direct that my said executor shall inventory appraise and sell, in the manor provided by law, all personal property and real estate owned by me at the time of my death, except that devised and bequeathed to my wife, Margaret E. Tucker in the 1st item of this will, for the highest price to be obtained therefore; and my said executor shall collect and convert into money all notes, accounts and choses in action belonging and owing to me at the time of my death; and from the ? ? by ? realized from any estate he shall first pay and discharge all just debts owing by me at the time of my death, my funeral expenses and the costs of the administration of my estate. After the payment of all debts and liabilities against my estate my said executor shall pay to my son William Tucker the sum of One Thousand Dollars, provided I shall not in my life time have given said sum of money to my said son William, as an advancement to make him equal with my said son Thomas Marion Tucker to whom I have already given One Thousand dollars ($1000.00) as an advancement. After payment of all debts and liabilities against my estate and after payment of said sum of one thousand dollars ($1000.00) to my said son, William, if ? shall be required then my ? executors shall divide all remaining moneys of my estate ? ? ? into five equal shares and he shall pay one full share of said remaining moneys to each of my five daughters (now at home) viz: Lillie Tucker, Myrtle Tucker, Nannie Tucker, Edna Tucker, and Mary Tucker.
In case my said son William or any of my said five daughters shall have departed this life before the distribution of the moneys above provided for, the share of such deceased child shall be paid to his or her child or children, or descendant or descendants surviving his or her but should such deceased child leave no issuer or descendant him or her surviving them such deceased childs share shall be paid and distributed equally to those of my said five daughters and my son William then ? (living) and to the issue or descendants of any of them then deceased. I do not, herein, so far, make any provisions for my two daughters now married viz: Rosa Downing and Emma Martin, and I make no provision for them so far in this will, because after their mothers death (their mother being my first wife) all their mothers estate was turned over to my said two daughters, making to them each the full equivalent of the $1000.00 which I wish and will each of the children of my present wife to have first from my estate.
Item 4. It is my earnest desire that my son, Thomas Marion Tucker, shall always act as the helpful adviser and Councellor of his mother, my said wife Margaret E. Tucker, assisting her in all possible ways to care for her estate I leave to her by the provisions of the 1st item of this will until her death; and after her death, my said executor shall inventory and appraise the land devised to her for life, in the 1st item of this will, and also all personal property remaining of that bequeathed to her in said item, and my said executor shall then proceed to sell said land and said personal property in the manner provided by law; and from the proceeds in money arising from such sales my said executor shall first pay all debts and claims created in and by my said wifes last sickness and in her funeral and all costs incurred in the further administration of my estate; and second my said executor shall pay to my five daughters, Lillie Tucker, Myrtle Tucker, Nannie Tucker, and Mary Tucker, each said sum of money as shall be required to make them and each of have equal with my two sons, as provided in the third item of this will, that is to say such sums as shall be necessary to make each of my said five daughters the full sum of One Thousand (1000.00) Dollars.
Should any of my said five daughters have departed this life before this further distribution shall have been made to them, leaving issue or descendant of issue her surviving, the share of each deceased daughters shall be paid to her child or children surviving her, and after payment of the said required sum of money to each of my said five daughters and to the issue of any of there children, my said executor shall pay and distribute all remaining moneys in his hands from said sales, equally share and share alike to all my sons and daughters, Thomas Marion Tucker, William Tucker, Rosa Downing, Emma Martin, Lillie Tucker, Myrtle Tucker, Nannie Tucker, Edna Tucker, and Mary Tucker, then living, and to the issue or descendant or descendants of such of my said children as may be then dead, the child or children or descendant or descendants of any of my said children then deceased to take the share of it or their deceased parent.
It is my desire that my wife shall provide to my said five daughters each at home with her on the lands devised to her in the first item of this will, so long as my said daughters or any of them shall remain unmarried; and on the other hand, I do earnestly urge and enjoin upon my said five daughters and each of them to help their said mother in all possible ways in the management of the said lands and of the estate by me left to their said mother, and to be always kind and helpful to their said mother, and to save and protect her in all possible ways, and I do also earnestly enjoin upon my said five daughters and each of them to be saving careful and industrious to the end that the estate left by me to them, shall be by them preserved and increased.
In witness thereof I have hereunto set my hand and seal this the 11th day of January in the year of our lord 1908.
Andrew J. Tucker
The foregoing instrument was signed and sealed by the above named testator in our presence, and in our hearing declared it to be his last will and testament on this the 11th day of January 1908; and at the same time and place, in the presence of said testator and at his request and in the presence of each other, we the undersigned do hereunto subscribe our names as attesting witnesses to and of said will.
Robert W. Buxton
Edward H. Chadwick
Be is remembered, that on the 10th day of April A.D., 1911, the twenty fifth judicial day of the March term of the Shelby County Circuit Court in said year, come into open court Thomas Marion Tucker and produces in Court an instrument in writing purporting to be the last will and testament of Andrew J. Tucker deceased, and now moves the admittance thereof to probate and record, and in proof of said will introduces, Edward H. Chadwick, one of the subscribing witnesses hereto who being duly sworn by the clerk of said Court, on oath, declare and testify as follows, that is to say that on the 11th day of January, A.D., 1908 he saw the said Andrew J. Tucker sign his name to said instrument in writing as and for his last will and testament and that this deponent, at the same time, heard the said Andrew J. Tucker declare the said instrument in writing was at the same time at the request of said Andrew J. Tucker and with the consent attest and subscribe by the said Edward H. Chadwick and one, Robert W. Buxton, in the presence of said testator and in the presence of each other, as subscribing witnesses thereto, and that the said Andrew J. Tucker, was, at the time of the signing and subscribing of said instrument in writing, as foresaid, 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 verily believes, and further deponent says not.
Recorded in Book 6 at pages 10-13 of the
record of wills of said County.
Transcribed by Lora
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