Last Will and Testament of
I, Elizabeth B. Stewart of the County of Shelby, State of Indiana,
being deeply impressed with the shortness and uncertainty of human life and
desirer of making the best provision for those nearest and dearest to me and
being moreover of sound mind, do make, ordain and publish this my last Will and
I direct after my death, that my Executor hereafter named take charge of
personal property and Real Estate situated in Shelby County, Indiana and apply
the rents and profits to the interest of mortgage on my Real Estate and if he
can pay my funeral expenses and other debts, to do so, and after my death.
I direct my Executor to turn over
one sow and nine pigs to Mattie L.
Stewart, and my executor is to sell all my personal property and real estate
at public or private sale on such terms, time that he may think best after Ralph
E. Stewart became 21 years old; and title in my real estate shall vest in
him for that purpose and from proceeds of sale all my just debts funeral
expenses he pay and mortgage. And
from balance of money from said sales. I
direct that be divided and paid according to the State Law of Indiana, to wit: James
W. Stewart my husband, my daughter Katie S. Conner, my son Hugh
O. Stewart, to my daughter Mattie L. Stewart and my son Ralph E. Stewart.
I do hereby nominate, and appointed Hugh O. Stewart, Executor of this my
last Will and Testament.
Witness my hand and seal this 3rd day of October
Elizabeth B. Stewart ( Seal )
Signed by the said Elizabeth B. Stewart and declared by the
said Elizabeth B. Stewart and declared by her in our presence and hearing to be
her last Will and Testament and signed by us as Witnesses in her presence and at
her request in the presence of each other.
October 3, 1911
Walter B. Collier
Jacob W. Girton
State of Indiana
Shelby County SS
Be It Remembered that on the 27th day of October 1911, AD 1911 the 17th
judicial day of the October Term of the Shelby Circuit Court in said year, came
into open Court Hugh O. Stewart and produces in Court an instrument in writing
purporting to be the last Will and Testament of Elizabeth B. Stewart, deceased,
and now moves the admitted thereof to probate and record, and in proof of said
Will introduces Jacob W. Girton one of subscribing witnesses thereto who being
duly sworn by the Clerk of said Court, on oath, declare and testify as follows:
that is to say: That on the 3rd day of October 1911, he saw the
said Elizabeth B. Stewart sign her name to said instrument in writing as and for
her last Will and Testament, and that this deponent, at the time heard the said
Elizabeth B. Stewart 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 Elizabeth B. Stewart and with her consent attested and
subscribed by the said Elizabeth B. Stewart and with her consent attested and
subscribed by the said Jacob W. Girton and Walter B. Collier and in the presence
of said testator, and in the presence of each other, as subscribing witnesses
thereto and that the said Elizabeth B. Stewart 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.
Jacob W. Girton
Sworn to and subscribed by the said Jacob W. Girton before me Otto L.
Coyle, Clerk of said Court at Shelbyville, Indiana the 27th day of
Otto L. Coyle - Clerk
Whereupon it is ordered, adjudged and decreed by the Court that said
Instrument in writing purporting to be the last Will of Elizabeth B. Stewart,
deceased is the last Will and Testament of Elizabeth B Stewart, deceased and is
hereby admitted to probate and record in this Court.
Otto L. Coyle – Clerk
State of Indiana
I, Otto L. Coyle, Clerk of the Circuit Court of Shelby County, Indiana do
hereby certify that the within annexed Will and Testament of Elizabeth B.
Stewart has been duly admitted to probate, and duly proved by the testimony of
Jacob W. Girton, one of the subscribing witnesses thereto, that a complete
record of said Will, and of the testimony of the said Jacob W. Girton, in proof
thereof, has been by me duly made and recorded in Book 6 at pages 67-68-69 of
the Record of Wills of said County.
In Attestation Whereof, I have hereunto subscribed my and affixed the seal of said Court, at Shelbyville, Indiana, this 27th day of October 1911.
Otto L. Coyle – Clerk Circuit Court Shelby County
Transcribed by Linda Bianchi
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