Last Will and Testament
I, Henry Weingarth, of Union Township of the County of Shelby in the State of Indiana, being fifty-six years of age and of sound mind and of disposing memory, do now make and publish this my last will and testament, hereby revoking all former wills by me at any time heretofore made.
Item first, I devise and bequeath to my beloved wife, Julia (unreadable initial) Weingarth, in lieu of her interest in my estate all of the real estate and personal property that is in my possession at the time of my death, during the term of her natural life. If she survives me, she is to sell any personal property that she may chose. And she is to pay all of my just debts, funeral expenses, and taxes etc.
Item Second, I devise and bequeath to my beloved children, after the death of myself and wife all of the personal property that may be remaining and also all of the real estate of which I may be possessed at the time of my death upon the following conditions namely: That those of my children who having had advancements made to them by me during my life or by my wife after my death from my estate that said advancements shall be added to the value of the whole estate and then the whole estate to be divided into as many equal parts as there may be of my children living and should any of my children be dead and have left heirs then it is to be divided into as many parts as there are both living and dead then the whole is to be divided and distributed into equal shares and whatever advancement may have been made to either one shall be taken from his or her share and from the share of the child or children of those who may be dead to whom advancements had been made while living.
Item Third, To my Grandson, Henry Weingarth, son of Charles H. Weingarth, deceased, I devise and bequeath what would be his father's share if he were living as provided in item second of this will; upon the following condition that he shall receive no part unless he lives to be twenty years of age, should he not live to the age of twenty one years, then I direct that the share he would receive as provided for heretofore in item second of this will, shall be equally divided and distributed to my children or their heirs.
Item Fourth, Should my farm be divided into several parts after my death or after the death of my wife and my children build houses upon their parts to live in then I direct that each one so building and living on his part shall have natural gas free for fuel and lights from the gas well that is located on the farm provided the gas lasts that long.
Item Fifth, I hereby appoint my son George Weingarth executor of this my last will and testament. He is to collect all moneys due and owing to me, and to pay all just debts that I may be owing funeral expenses and expenses of last sickness of my wife should she survive me.
In witness whereof I have hereunto subscribed myname this third day of February A.D. 1900
The above instument was signed by Henry Weingarth, and he declared it to be his last will and testament in our presence and signed by us in his presence and int he presence of each other.
State of Indiana, Shelby county SS:
Be it remembered that on the 5th day of January A.D. 1919 the 1st judicial day of the January Term of the Shelby Circuit Court in said year come into open Court George Weingarth and produces in Court an instrument in writing purporting to be the last will and testament of Henry Weingarth, deceased, and now moves the admittance thereof to probate and record, and in proof of said Will introduces George W. Gross, a subscribing witness, 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 February, 1900 he saw the said Henry Weingarth 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 Henry Weingarth and with his consent attested and subscribed by the said George W. Gross and Jacob Wissing in the presence of said testator, and in the presence of each other, as subscribing witness thereto, and that the said Henry Weingarth 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 and memory, and not under under any coercion or restraint, as the said deponent verily believes and further deponent says not.
Sworn and subscribed by the said George W. Gross before me Gordon Thurston Clerk of said Court, at Shelbyville, Indiana the 5th day of January 1920.
Gordon Thurston, Clerk
Whereupon it is ordered, adjudged and decreed by the Court that said instrument in writing purporting to be the last will of Henry Weingarth deceased, is the last will and testament of Henry Weingarth deceased, and is hereby admitted to probate and record in this court.
Gordon Thurston, ClerkState of Indiana, Shelby County, SS:
I, Gordon Thurston, Clerk of the Circuit Court of Shelby County, Indiana, do hereby certify that the within annexed will and testament of Henry Weingarth has been duly admitted to probate, and duly proved by the testimony of George W. Gross, one of the subscribing witness thereto, that a complete record of said will and of the testimony of the said George W. Gross in proof thereof, has been duly made and recorded in Book 7 at pages 456 and 457 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, Indiana, the 5th day of January 1920.
Gordon Thurston, Clerk
Circuit Court Shelby County.
Transcribed by Jann Rapp DeMeire