Will of
William S. Ensley.
Know all men by these presents that I William S Ensley being
infirm in body but sound in mind do hereby make and publish this my last Will and
Testament
Item 1st I will and devise to my son Willie Ensley
a certain three year old bay colt now on my farm near Flat Rock Indiana.
Item 2nd I will and bequeath to my son Eddie Ensley
the sum of sixty dollars as an amount equal in value to said above mentioned
colt.
Item 3rd I will and devise to my daughter Ellie M.
Ensley my piano now in the house where we reside. Also I will to
said Ellie one red cow, and spotted calf belonging to a different cow, both now
on my said Flat Rock farm.
Item 4" I will and devise unto my son Andrew J
Ensley on two horse wagon, and one set of wagon harness now in his
possession, also all balances due me on accounts for service of my stallion
"Stockbridge-Chief" for the year 1880, also the free use for the
year1881 of Twenty acres of my said farm and the house situate on said farm
wherein he now resides, said 20 acres being the same land occupied by him during
last year. All rent free as aforesaid.
I also give to said Andrew my gold headed cane heretofore presented to me by the
citizens of Shelby County.
Item 5' I will and devise to my
wife Elizabeth K Ensley all the remainder of my property both
real and personal of every kind, character and description whatever, and hereby
appoint her as my executrix, to serve as such without giving bond & under
the following directions: [1"] I direct that my body be
properly interred, and that all expenses of my last sickness and interment be
paid by my said executrix out of the said property bequeathed to her.
2" I direct that my executrix pay out
of the first moneys that come into her hands of said property bequeathed to her
to, Mrs. Mary Stine all of my indebtedness to said Mary
Stine, said indebtedness being evidence by a note now held by her against me.
3" To the end that my debts all be
speedily paid I hereby authorize my said executrix to sell any portion of my
Real Estate or personal property without application to court for an order for
such sale, and I would prefer that my pike stock in the Shelbyville Flat-Rock,
and Norristown Turnpike company be sold first, and the proceeds paid on
indebtedness now due and not secured by mortgage and also to be applied to
interest due and to become due on my mortgaged indebtedness.
4" I desire that my debts to become
due should be paid as they mature if possible.
5" I direct that the sale of my real
and personal property be made by my executrix public or private sale as her
sound discretion may dictate & she is hereby authorized to make, execute and
deliver deeds of Conveyance to all or any portion of my Real Estate that may be
sold by her for the purpose of paying my just debts the same as I could do if I
were living. I hereby revoke all former Wills. In witness whereof I
hereunto set my hand seal this 15' day of January 1881.
Wm S Ensley {{seal}}
Signed in the presence of each of the undersigned witnesses by William S Ensley
and signed by said witnesses in his presence and in the presence of each other
this 15" day of January 1881.
| Ed K Adams |
|
witness |
| Edwin P Ferris |
|
|
| Hugh Dobbins |
|
|
State of Indiana Shelby County ss
Be it remembered that on the 18' day
of April 1881 the 37 judicial day of the March Term of the Shelby Circuit Court
in said year, come unto open Court Elizabeth K Ensley and produces in Court an
instrument in writing purporting to be the last Will and Testament of William S
Ensley deceased and now moves the admittance thereof to probate and record and
in proof of said Will introduces Ed K Adams and Hugh Dobbins 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 15' day
of January 1881 he saw the said William S Ensley sign his name to said
instrument in writing as and for his last Will and Testament; and declare the
said instrument in writing to be his last Will and Testament, and that the said
instrument in writing was at the same time, at the request of the said William S
Ensley and with his consent attested and subscribed by the said Hugh Dobbins and
Ed K Adams in the presence of said testator, and in the presence of each other,
as subscribing witnesses thereto, and that the said William S Ensley 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 and coercion or restraint, as the said
deponent verily believes and further deponent says not.
Ed K Adams
Hugh Dobbins
Sworn to and subscribed by the said Deponents before me
Fred H Chueden Clerk of said Court, at Shelbyville the
18" day of April 1881
Fred H Chueden clerk
Whereupon it is ordered, adjudged and decreed by the Court, that said instrument
in writing purporting to be the last Will of William S Ensley deceased, is the
last Will and Testament of William S Ensley deceased, and is hereby a admitted
to probate and record in this Court
State of Indiana Shelby County SS:
I Fred H Chueden, Clerk of the Circuit Court of Shelby County, Indiana, do
hereby certify that the within annexed Will and Testament of William S Ensley
has been duly admitted to probate and duly proved by the testimony of Ed K Adams
& Hugh Dobbins, the subscribing witnesses thereto, that a complete record of
said Will and of the testimony of the said Deponents in proof thereof, has been
by me duly made and recorded in Book 1 at Page 583, 584, 585 of the Record of
Wills of said County
In attestation whereof, I have hereunto subscribed my name, and affixed the seal
of said Court at Shelbyville this 18" day of April 1881.
Fred H. Chueden Clerk
Circuit Court of Shelby County
Transcribed by Phyllis Miller Fleming
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