Last Will and Testament
of
Jacob Yarling
I Jacob Yarling of Shelby County and State of Indiana, being of sound mind and memory, do make and publish this my last will and testament, hereby revoking all other wills and testaments heretofore by me made.
First. I direct that after my death my executor shall pay all my just debts and funeral expenses and shall provide and pay for a suitable monument to be erected at my grave, out of my money and cash assets on hand and my outstanding accounts, claims and notes held by me at the time of my death; and it is my desire that, unless it is necessary to do so to make the payments named in this item, he shall sell no personal property on my farm or elsewhere, belonging to me.
Second. I give and bequeath to my beloved wife Nancy A. Yarling, in lieu of her rights in my estate as my widow under the laws of the State of Indiana, all the household goods, household furniture and furnishings and provisions on hand, which I may own at the time of my death, to be hers absolutely and forever.
I further give and bequeath to my beloved wife Nancy A. Yarling all the rest and residue of my property both real and personal, of which I may be the owner at my death, for and during the term of her natural life, she to have, hold and control and receive the profit from such personal property and real estate during such term and to keep the buildings on the real estate insured, take care of the land, Keep it improved and in proper repair and pay the taxes thereon during her life time.
Third. After the death of my beloved wife it is my will and desire that the expenses of her last sickness and funeral expenses shall be paid out of my said property, held by her during her life time. I also give and direct to be paid, at the death of my said wife, to each of the children of my sister Eliza Mohr the sum of one hundred dollars as follows:
To John Mohr one hundred dollars.
To Mary Branson one hundred dollars.
To George Mohr one hundred dollars.
To Phoebe Smith one hundred dollars.
To Henry Mohr one hundred dollars.
The bequests and payments named in this item I desire shall be paid from the proceeds of my personal property and if the same are insufficient for that purpose, the real estate as held by my said wife shall be charged with a lien for the balance thereof.
Fourth. After the death of my beloved wife and after the payment of and excepting the bequests above made in this will, the residue of all my estate remaining, both real and personal, I give and bequeath as follows: the same to be divided equally between my brothers, John W. Yarling and Michael Yarling, My sisters Mary Phares and Catherine E. Herthel, and the children of my deceased brother George Yarling – the children of said deceased brother to have one share or one fifth thereof, and each of my said brothers and sisters to have one share or one fifth thereof. If either of my said brothers and sisters, shall not be living at the time of my death, I will and direct that the share so bequeathed to such brother or sister by this item shall go to his or her children. If either of the children of my deceased brother George shall not be living at the time of my death, and shall have left a child or children, then they shall be entitled to the distribution share of their parent so bequeathed by this item.
Fifth. I hereby nominate and appoint John W. Yarling as executor of this my last will and testament.
Witness my hand and seal this 25th day of May 1895.
Jacob Yarling ( SEAL )
Signed and acknowledged by Jacob Yarling as his last will and testament in our presence and signed by us in his presence and in the presence of each other and at his request as attesting witnesses thereto, this 25th day of May 1895.
Albert F. Wray
Matthew R. Montgomery
State of Indiana, Shelby County SS
Be it remembered that on the 31st day of December A.D. 1914 the 40th Judicial day of the November Term of the Shelby Circuit Court in said year, come into open Court Albert F. Wray and produces in Court an instrument in writing purporting to be the last Will and Testament of Jacob Yarling, deceased, and now moves the admittance thereof to probate and record, and in proof of said Will introduces Albert F. Wray one of 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 25th day of May 1895 he saw the said Jacob Yarling sign his name to said instrument in writing as and for his last Will and Testament; and that this deponent at the same time heard the said Jacob Yarling 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 Jacob Yarling and with is consent attested and subscribed by the said Albert F. Wray and Matthew R. Montgomery in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said Jacob Yarling 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.
Albert F. Wray
Sworn to and subscribed by the said Albert F. Wray before me Otto L. Coyle Clerk of said Court at Shelbyville, Indiana the 31st day of December 1914.
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 Jacob Yarling deceased, is the last Will and Testament of Jacob Yarling deceased and is hereby admitted to probate and record in this Court.
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 Jacob Yarling had been duly admitted to probate, and duly proved by the testimony of Albert F. Wray one of the subscribing witnesses thereto, that a complete record of said Will, and of the testimony of the said Jacob Yarling in proof thereof, has been by me duly made and recorded in Book 6 at pages 511-512-513-514 and 515 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, this 31 day of December 1914.
Otto L. Coyle Clerk
Circuit Court Shelby County
The undersigned widow of Jacob Yarling, deceased, late of Shelby County, Indiana, who died testate and whose Last Will and Testament has been duly admitted to probate and was recorded December 31st, 1914 in Will Record Number Six at pages number 511, 512 and 513 of said record in the Shelby Circuit Court of said county of state; hereby makes election, as such widow, to hold or retain her right to one third of the lands of which her said husband died seized, notwithstanding the terms of said will; and she refuses to accept any devise or provision whatsoever made by said will in her favor for, or in lieu of, her said statutory right as widow in and to such real estate. And she hereby further elects to hold and retain her rights and interest as such widow under the statutes of descent in and to the personal estate of my said husband, notwithstanding the terms of said will; and refuse to accept any provisions in said will contained intended to be in lieu of any statutory right as aforesaid in and to the personal property of said decedent.
Nancy A. Yarling
State of Indiana
Shelby County, SS
On this 19th day of January, 1915, personally appeared before the undersigned, a Notary Public in and for said county and state, Nancy A. Yarling, widow of Jacob Yarling, deceased, to me well known, and who having had the contents of the foregoing instrument fully explained to her, acknowledged that she executed the same as her voluntary act and deed.
Witness my hand and notarial seal at Shelbyville, Indiana, this 19th day of January 1915.
Elmer Bassett
( SEAL ) Notary Public
Commissioned to April 13th, 1915
Transcribed by Barb Huff
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