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Will of
Benjamin J. Keaton
I Benjamin J Keaton of the county of Shelby and State of Indiana Being of sound and [sic] memory but knowing
the uncertainty of life and desiring before my death to make some disposition of my property do make ordain and
Publish this as and for my last Will and Testament
To wit.
1st I will and Bequeath to my two daughters Eliza
A. Keaton and Zelda A. Keaton all the west half 1/2, of the North East quarter 1/4 of Section Seven (7) Township
Fourteen (14) Range Eighth [sic] (8) East and after my just debts are all paid the Ballance to be
equally divided as follows to the Heirs of Maria C.* Eaton one equal share to wit James C.
Eaton and Mary A. Eaton and to John T. Keaton as Agent for Lydia
E. Whtsids [sic] and her Heirs one Shear Less two hundred and fifty nine dollars($259.00) which
has been paid to her as advancements and to Lucind J Cracraft one full share and to James
D. Lafayett Keaton one shear Less one hundred and fifty two dollars $152.00 and to
Walter R. Keaton one shear Less one hundred and thirty dollars which has been paid
heretofore as advancements and I further will and bequeath to my son Albert R. Keaton one
full share this is to include all my property Real and personal after my Just debts are paid I also will
and bequeath out of the above named property to my son John T. Keaton one full share
without any advancements.
I now make, constitute and appoint my son Albert R. Keaton as executor of this my Last and [sic] Testament. In
testimony where of I hereunto subscribe my name and affix my seal in said County of Shelby and Sate of Indiana
this 5th day of May One Thousand and Eight Hundred and Eighty Eight
Witness
John M Davis Benjamin
J. Keaton {Seal}
Witness A.C.
Handy an
F.H.
Spurrier
State of Indiana ss}
Shelby County } Be it known that on this
5th day of May 1888 personally came before the undersigned a Notary Public within and for said County and State
Benjamin J. Keaton who acknoledged [sic] the Execution of the Annexed Instrument of writing to be his voluntary
act and deed for the purposes therein named
Witness my hand and Notorial Seal
This 5th day of May 1888
John M. Davis
Notary Public
State of Indiana Shelby County ss:
Be it remembered that on the 19th day of October 1895 the 18th judicial day of the October Term of the Shelby Circuit
in said year, came into open court Albert R Keaton and produced in court an instrument in writing purporting to
be the last Will and Testament of Benjamin J. Keaton deceased and now moves the admittance thereof to probate and
record, and in proof of said will introduced Frank H. Spurrier one of the subscribing witnesses there to, who,
being duly sworn by the Clerk of said Court on oath, declares and testifies as follows, that is to say: That
on the fifth day of May 1888 he saw the said Benjamin J. Keaton sign his name to said instrument in writing as
and for his last Will and Testament and that the said instrument in writing was at the same time, at the request
of the said Benjamin J. Keaton and with his consent attested and subscribed by the said Frank H. Spurrier and Augustus
O. Handy in the presence of said testator, and in the presence of each other as subscribing witnesses thereof,
and then the said Benjamin J. Keaton 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. He
further says that said Augustus O. Handy is now dead That said testator died Sept 24th 1895 as affiant is informed
and believes, Frank H. Spurrier Sworn to and subscribed by the said Frank H. Spurrier before me John W. Powers
clerk of said Court at Shelbyville Ind the 1st day of October 1895.
J.W. Powers Clerk
Thereupon it is ordered, adjudged and decreed by the court that said instrument in writing purporting to be
the last Will of Benjamin J. Keaton deceased, and is hereby admitted to probate and record in this court.
State of Indiana Shelby County, SS.
I, J.W. Powers clerk of the Circuit Court of Shelby County Indiana do hereby certify that the within annexed Will
and Testament of Benjamin J. Keaton has been duly admitted to probate and duly proved by the testimony of Frank
H. Spurrier one of the subscribing witnesses thereto that a complete record of said Will and of the said Frank
H. Spurrier in proof thereof has been by me duly made and recorded in Book 3 at pages _____ of the Record of Wills
of said County.
Attestation thereof, I have hereunto subscribed my name and affixed the seal of said Court at Shelbyville this
19th day of October 1895.
J. W. Powers Clerk
Circuit Court Shelby County
____________
* could be "E."
Transcribed from the Clerk's Will Book E, pp 244-246,
Shelby County Court House, Shelbyville, IN, by Phyllis Miller Fleming.
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