the last  Will  and  Testament
of
Elvira  Midkiff

          Know all men by these presents, that I  Elvira Midkiff  being of sound and disposing mind and memory do hereby make and declare this to be my last Will and Testament hereby revoking any and all former wills at any time heretofore by me made.

          Item 1.  I will and direct that my Executor hereinafter named, shall sell and convert into cash, all of my personal property except that part thereof hereinafter specifically bequeathed and that from the proceeds of such sale or sales he shall pay all my just debts and expense of administration of my estate under this Will. 

          Item 2.  I will and bequeath to my beloved daughter  Maggie A. Kuhn  my horse named Judge, also all my household goods and effects, provisions in hand at my death and all my poultry, also the sum of Three Hundred ($300.00) dollars in cash.  This bequest is made to my said daughter in consideration and compensation for her Kind and dutiful care of me and service for me rendered and to be rendered during my life time.

          Item 3.  I will and bequeath to the trustee of the Mt. Pisgah Baptist Church in Addison Township, in Shelby County, Indiana, the sum of Two Hundred dollars upon these terms and conditions towit:
That the said Board of Trustees shall perpetually hold said amount as a trust fund, and to be loaned out on mortgage or well secured loans and one half of the net earnings and interest therefrom, to be paid annually on the salary of the pastor of said Church, and the other half to be applied on the expense of Keeping in good condition the Cemetery adjoining said Church.

          Item 4.  I will and direct that my said Executor shall sell at private sale and upon such terms as the Court shall direct, my real estate situate in Shelby County, Indiana and described as follows.  towit: 
Thirty Two (32) acres off of the entire North end of the South West Quarter of the South East Quarter of Section One (1) in township Twelve (12) North range Seven (7) East, for the highest and best price obtainable therefore.
          I will and bequeath the full One half of the amount of the proceeds devised from such sale of said real estate, to my beloved son  Joseph M. Midkiff absolutely, the same being to equalize him with my other children in advancements and property heretofore received by them. 

          Item 5.  I will and bequeath the residue of the proceeds of such sale mentioned on the preceeding Item, and the residue of my estate, after the payment therefrom of the Charges and bequests named and set out in the first three items of this Will to all my children, Joseph M. Midkiff,  Alvin Midkiff,  John R. Midkiff,  Maggie A. Kuhn  and  Bertha A. Mahin equally share and share alike. 

          Item 6.  It is my will and I hereby direct that if any child or children named as my legatees or devises in this Will, shall file and protest against the probate of this Will or commence any suit to contest the will, then in that event the devise or bequest given by the Will to such child or children filing such protest in suit shall be null and void and such child or children shall take and receive nothing under this will and in such event, I will and give the share and bequest so given under this Will to such child or children to my other children above named as their absolute property in equal portions thereof, share and share alike.

          Item 7.  I hereby nominate and appoint my son Alvin Midkiff as the Executor of this my last Will and Testament and specify and direct that he shall receive the sum of One Hundred ($100.00) dollars and no more for his services in acting as such.  In Witness Whereof, I have hereunto set my hand and seal this 22" day of June A.D. 1910.

Elvira Midkiff   ( SEAL )

          The foregoing is this day signed and declared by Elvira Midkiff to be her last Will and Testament in our presence together and is hereby signed by us in her presence and in the presence of each other and at her request as attesting witnesses thereto.
          This 22" day of June A.D. 1910

Joseph Lambert   
Thomas H. Campbell

State of Indiana Shelby County SS:
          Be it remembered that on the 5" day of March A.D. 1913 the 27 Judicial day of the Feby Term of the Shelby Circuit Court in said year, come into open Court Thomas H. Campbell and produced in Court and instrument in writing purporting to be the last Will and Testament of  Elvira Midkiff deceased and now moves the admittance thereof to probate and record and in proof of said Will introudces Thomas H. Campbell the 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 22" day of June 1910 he saw the said   Elvira Midkiff sign her name to said instrument in writing as and for her last Will and Testament; and that this deponent at the same time heard the said Elvira Midkiff declare the said instrument in writing to be her last Will and Testament and that the said instrument in writing was at the same at the request of the said  Elvira Midkiff and with her consent attested and subscribed by the said  Thomas H. Campbell  and  Joseph Lambert in the presence of said testator and in the presence of each other as subscribing witnesses thereto and that the said  Elvira Midkiff was at the time of the signing and subscribing of said instrument in writing as aforesaid 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.

Thomas H. Campbell

Sworn to and subscribed by the said Thomas H. Campbell before me Otto L. Coyle Clerk of said Court at Shelbyville, Indiana the 5" day of March 1913.

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 Elvira Midkiff deceased is the last Will and Testament of Elvira Midkiff deceased and is hereby admitted to probate and record in this Court.

( SEAL )  Otto L. Coyle Clerk 


State of Indiana Shelby County SS:
          I, Otto L. Coyle Clerk of the Circuit Court of Shelby County, Indiana do hereby certify that the within annexed Will and Testament of Elvira Midkiff has been duly admitted to probate and duly proved by the testimony of Thos. H. Campbell one of the subscribing witnesses thereto, that a complete record of said Will and of the testimony of the said Thomas H. Campbell in proof thereof has been by me duly made and recorded in Book 6 at pages 282 of the record of Wills in said County.
          In Attestation Whereof, I have hereunto subscribed my name and affixed the seal of said Court at Shelbyville, Indiana this 5" day of March 1913.

( SEAL )  Otto L. Coyle Clerk 

Transcribed by Barb Huff

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