Last Will and Testament
Elizabeth S. Atwood
[The typist of the original will made many strike-overs, misspellings,
etc. -- PL]
Be it known that I Elizabeth S. Atwood of the City of Shelbybille, Shelby County, Indiana, being of sound mind, do hereby make, declare and publish the following as my last Will and Testament, hereby revoking any and all former Wills at any time hereuntofore made by me.
Item 1. I will and direct that all my just debts, funeral expenses and the Expense of the administration of my estate be paid by my Executrix hereinafter named out of any moneys that may come into her hands from my estate.
Item 2. I will and bequest to my daughter Minerva J. Howery the sum of Four Thousand Dollars ($4000.00).
Item 3. I will and devise to my daughter Elizabeth A. Williams the following described real estate situated in Shelby County Indiana, to wit: The East Half of the following described real estate to-wit: a part of the south west quarter of section twenty six (26) in Township twelve (12) north in range five (5) east beginning at a point on the west side of said section 12 (?) poles south of the half section line of said section, thence running south 66 poles, thence east 162 poles to the east line of said quarter section thence north on said east line 66 poles thence west to the place of beginning, containing 66 acres more or less, and containing in the tract devised by this item 33 acres more or less. I also will and bequeath to my said daughter Elizabeth A. Williams the sum of Seven Hundred Dollars ($700.)
Item 4. I will and devise to my son James S. Atwood the following described real estate situated in Shelby County in the State of Indiana, to-wit: The eighty one One Hundred and Sixtieth (81/160) part of the north half of the south east quarter of section two (2) in township eleven (11) north in range five (5) east, to be taken off of the north side of said half quarter section, containing forty and one half acres (40 1/2) acres more or less.
Item 5. I will and bequeath to my daughter Amanda J. Facemire the sum of Four Thousand Dollars ($4000.00)
Item 6. I will and devise to my daughter Martha A. Atwood the following real estate situated in Shelby County Indiana, to-wit: Beginning at a stone 6 chains and 32 links east of the north west corner of the east half of the north west quarter of section thirty five (35) in Township twelve (12) north in range five (5) east, running thence east 14 chains to the north east corner of said tract, thence south 40 chains and 25 links to the south east corner of said tract, thence west 14 chains to a stone and thence north 40 chains and 36 links to the place of beginning, except a small tract of about 3 acres more or less, out of the north west corner thereof, which small tract with other real estate I heretofore, on the 19th day of March 1906, conveyed to my said daughter, reserving a life estate to myself therein, Also the following described real estate in Shelby County Indiana to-wit: beginning at the north west corner of the west half of the north-east quarter of section thirty five (35) in township twelve (12) north to range five (5) east and running thence east 3 chains and 65 links to a stone, thence south 40 chains and 10 links to a stone, on the south line of said tract, thence west 3 chains and 65 links to the south west corner of said tract, thence north 40 chains and 25 kinks (sic) to the place of beginning, containing 14 64/100 acres more or less. The real estate described in this item is so willed and devised to my said daughter subject to the payment by her of the sum of Three Thousand Dollars ($3000.00) to my estate within 60 days after the probate of this Will, and the same is made a charge and lien upon the real estate so devised by this item for the benefit of my estate; and I expressly direct my said daughter to so pay said sum of money into the funds and personal assets of my estate to become a part thereof. I also will and bequeath to my daughter Martha A. Atwood all of the household and kitchen furniture, pictures, ornaments, bed clothing and other household effects owned by me in the residence where I now live on West Broadway Street in the City of Shelbyville Indiana, and in the residence on what is known as the Atwood farm in Hendricks Township in Shelby County, Indiana.
Item 7: I will and direct that all other personal property owned by me at my death, not otherwise disposed of by this will, shall be sold by my Executrix at public or private sale and upon such terms as she may think best and the same, to-gether with all notes, stocks and other personal effects owned by me at my death, be converted into cash; and after the payment, from the money so obtained and the $3000.00 to be paid to my estate by my dauther Martha A. Atwood of the debts and charges named in Item 1 and the bequests names in Items 2 - 3 - and 5 of this Will, I will and bequeath the residue thereof, if any remains, to my five children, Minerva J. Howery, Elizabeth A. Williams, James S. Atwood, Amanda J. Facemire and Martha A. Atwood, equally share and share alike.
I have given to my daughter Martha A. Atwood and desire her to have more of estate than either of my other children, because of the many years of faithful and affectionate service, care and attention she has rendered to and for me and which have been of great value and comfort to me.
Item 9. It is my will and I hereby direct that if any of my children shall commence any proceedngs to contest or prevent the probate of this will or to set aside the deed of conveyance executed by me to my daughter Martha A. Atwood on the 19" day of March, 1906, that such child or children who shall commence such proceedings shall forfeit all rights to any part of my estate under this Will or otherwise and shall take no interest therein but the share of such child or children so making such trouble shall go to my other children in equal proportions.
Item 10. I hereby noninate (sic) and appoint my daughter Martha A. Atwood as Executrix of this my last will and Testament.
In Witness Whereof I have hereunto set my hand and seal this 21" day of February 1912.
Elizabeth S. X Atwood ( SEAL )
Signed, sealed and declared by the said Elizabeth S. Atwood as her last will and Testament in our presence together and is hereto signed by us in her presence and in the presence of each other and at her request as attesting witnesses thereto. This 21" day of Febryary (sic) 1912.
M. R. MontgoMery (sic)
STATE OF INDIANA, SHELBY COUNTY, SS:
BE IT REMEMBERED, that on the 11" day of September 1917, Samuel Kennedy one of the subscribing witnesses to the within and foregoing last Will and Testament of Elizabeth S. Atwood late of said County, deceased, personally appeared before Cecil B. Collins, Clerk of the CircuitCourt of Shelby County, in the State of Indiana, and being duly sworn by the Clerk of said Court, upon oath, declared and testified as follows, that is to say: That on the 21" day of Febryary (sic) 1912 he saw the said Elizabeth S. Atwood 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 Elizabeth S. Atwood declare the Said instrument in writing was, at the same time, at the request of the said Elizabeth S. Atwood and with her consent, attested and subscribed by the said Samuel Kennedy and W. R. montgomery (sic) in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto and that the said Elizabeth S. Atwood was, at the time of the signing and subscribing of said instrument in writing as aforesdaid, of full age (That is, more than twentyone 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.
Sworn to and subscribed by
the said Samuel Kennedy before me, Cecil B. Collins, Clerk of the said
Court, at Shelbville, the 11" day of September 1917.
IN ATTESTIATION WHEREOF, I have hereunto subscribed my name, and affixed the seal of said Court.
CeCil (sic) B. Collins,
Clerk Shelby Circuit Court.
STATE OF INDIANA, SHELBY COUNTY, SS;
I, CeCil (sic) B. Collins Clerk of the Circuit Court of Shelby County, Indiana, do hereby certify that the within annexed Will and Testament of Elizabeth S. Atwood has been duly admitted to probate, and duly proved by the testimony of Samuel Kennedy one of the subscribing witnesses thereto that a complete record of said Will and of the testimony of said Samuel Kennedy in proof thereof, has been by me duly made and recorded in Book 7 at Pages 248, 249 and 260 (sic) of the record of Wills of said County.
IN ATTESTATION WHEREOF, I have hereunto susscribed my name and affixed the seal of said court at Shelbyville, this 11 day of September, 1917.
CeCil (sic) B. Collins,
Clerk Circuit Court, Shelby County.
Transcribed by Pat Lorentzen
Will Index Main Page