Last  Will  and  Testament
of
James  B. McFadden

          In the name of the benevolent Father of all, I,  James B. McFadden  do hereby make and publish this my last Will and testament.  It is my Will that all my Just debts and charges be paid out of my estate.
          Item 1.  I give and devise to the First Methodist Episcopal Church of the City of Shelbyville, Indiana all that part of my real estate that was devised to me by the late  Isabella McKenzie,  located on West Washington Street in said City, and directly opposite where the Church building of said Church is now located.  She, the said Isabella at the time of making said devise having expressed to this testator the desire that he make such deposition of the same.  This devise however, is subject to the life Estate of  Adaline Tomlinson McFadden  the beloved wife of this testator.
          Item 2.  I give and devise all the residue of My Estate of which I may die seized, both real and personal to my beloved wife Adaline Tomlinson McFadden.
          In testimony whereof I have hereunto set my hand and seal this 22nd day of November 1909.

J.B. McFadden           ( SEAL )          


          Signed and acknowledged by the said James B. McFadden as his last Will and testament in our presence and signed by us in his presence, this Nov. 22, 1909.
John F. Walker          
U.E. Tindall          



State of Indiana, Shelby County SS
          Be it remembered that on the 4th day of January A.D. the 43rd judicial day of the Nov. Term of the Shelby Circuit Court in said year, come into open Court Donald L. Smith and produces in Court an instrument in writing purporting to be the last Will and Testament of James B. McFadden, deceased, and now moves the admittance of said Will introduces John F. Walker 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 22nd day of Nov. 1909 he saw the said James B. McFadden 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 James B. McFadden 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 James B. McFadden and with his consent attested and subscribed by the said John F. Walker and U.E. Tindall in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said James B. McFadden 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.
John F. Walker          


          Sworn to and subscribed by the said John F. Walker before me Cecil B. Collins Clerk of said Court, at Shelbyville, Indiana, the 4th day of Jan. 1915.
Cecil B. Collins     Clerk          


Codicil  No. 1

          Item 3. I give and bequeath to my beloved nephew  Walter C. McFadden  as a slight testimonial of my appreciation of the many favors and acts of kindness he has bestowed upon me and my dear deceased wife, in addition to his prospective distribution share of my estate as an heir at law thereof $500.00.
          Item 4. I give and bequeath to my friend  Melvin Hayes  who now resides with  Mrs. Sally A. Wright  my sister-in-law at No. 4150 Central Ave. Indianapolis, Indiana, as a slight testimonial of my appreciation of his kindness to me while I was sick at the residence of the said Mrs. Wright, during the fall of 1910, and winter of 1910 and 1911, the sum of Fifty Dollars.           In testimony whereof I have hereunto set my hand and seal this 8th day of April 1911.
J. B. McFadden           ( SEAL )          


          Signed and acknowledged by the said James B. McFadden as his last Will and Testament in our presence, and signed by us in his presence, this 8th day of April 1911.
John F. Walker          
U. E. Tindall            



State of Indiana, Shelby county, SS
          Be it remembered that on the 6th day of January, A.D. 1915 the 43rd Judicial day of the Nov. Term of the Shelby Circuit Court in said year, comes into open Court Donald L. Smith and produces in Court an instrument in writing purporting to be Codicil No. 1 of the last Will and Testament of James B. McFadden, deceased and now moves the admittance thereof to probate and record, and in proof of said Codicil No. 1 of said Will introduces John F. Walker 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 8th day of April 1911 he saw the said James B. McFadden sign his name to said instrument in writing as and for Codicil No. 1 of his last Will and Testament, and that this deponent, at the same time, heard the said James B. McFadden declare the said instrument in writing to be Codicil No. 1 of his last Will and Testament, and that the said instrument in writing was, at the same time, at the request of the said James B. McFadden and with his consent attested and subscribed by the said John F. Walker and U.E. Tindall in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said James B, McFadden 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.
John F. Walker          



Codicil No. 2

          Know all Men by these presents that I, James B. McFadden of the City of Shelbyville and State of Indiana hereby make and publish the following Codicil to my Will which was made and published on the 8th day of April A.D. 1911.
          Item 1.  It is my desire that my friend Melvin Hayes who is now a resident of Indianapolis who is mentioned in my said former Will as a beneficiary thereof, shall receive the sum of ($100) One Hundred dollars out of the first moneys realized out of my Estate, instead of ($50.00) Fifty dollars as in my said former will provided, as I feel that said latter named sum is entirely inadequate for the great kindness and service it was intended to reward, and I therefore hereby give and bequeath the same to him.
          Item 2.  It is my desire that all my law library not already disposed of shall go to my nephew  Donald Smith  husband of my niece  Edna Smith (Nee) McFadden,  now of Rushville, Ind.  And I therefore hereby give and bequeath the same to him.
          Item 3.  It is my desire that all my literary and miscellaneous library and the cases in which they are kept shall go to my nephew  Hays McFadden  and I therefore hereby give and bequeath the same to him.
          Item 4.  It is my desire that the large Oil painting of  Mrs. McFadden painted by  Willie Woodward  and also the Oil painting of my little daughter  Anna, also painted by Willie Woodward go to my niece  Anna M. Wright  now of 4150 Central Ave. Indianapolis Ind.  And I therefore hereby give and bequeath the same to her.
          Item 5.  It is my desire that My Mother's picture which now hangs in the North room of my residence, and which I know to be a very accurate likeness of her, go to my niece Mrs. Edna Smith now of Rushville Ind.  And I also give and bequeath to her all the rest of my pictures not hereinbefore provided for and I therefore hereby give and bequeath all the same to her.
          Item 6.  It is my desire that my long gold chain that I had given to Mrs. McFadden for an Anniversary present go to my niece Anna M. Wright now of 4150 Central Ave. Indianapolis and I therefore hereby give and bequeath the same to her.
          Item 7.  It is my desire that my Gold watch and also the Gold Chain I wore with it, go to my niece Mrs. Edna Smith of Rushville, Ind.  And I therefore hereby give and bequeath the same to her.
          Item 8.  It is my desire that an iron or wire setee[sic] of sufficient capacity to seat at least two persons comfortly[sic] at once and the same time, shall be placed at my family grave, and also that a neat Urn of sufficient capacity and suitable for use in planting flowers shall be placed at said grave and kept well filled with suitable flowers and the same kept in good growing condition during the flowering season of the year.
          Item 9.  It is my desire that all the residue of my estate not herein otherwise provided for, both real and personal shall be disposed of in accordance with the Statute in force in this State at the time of settlement thereof.
          Item 10.  I hereby nominate and appoint my nephew Donald L. Smith Esq. Of Rushville, Indiana Executor of this my last Will and testament.
          In testimony whereof I have hereunto set my hand this 4th day of March 1914.
J.B. McFadden          


          Subscribed by the said James B. McFadden in our presence and by him declared to be the Codicil to his last Will and Testament and attested by us as such in his presence and in the presence of each other this 4th day of March 1914.
George H. J. Raymond          
Jennie O. Connor              



State of Indiana, Shelby County SS
          Be it remembered, that on the 4th day of January A.D. 1915 the 43rd judicial day of the Nov. Term of the Shelby Circuit Court in said year, come into open Court Donald L. Smith and produces in Court an instrument in writing purporting to be Codicil No. 2 of the last Will and Testament of James B, McFadden, deceased, and now moves the admittance thereof to probate and record, and in proof of said Codicil No. 2 of said Will introduces George H. J. Raymond 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 4th day of March 1914 he saw the said James B. McFadden sign his name to said instrument in writing as and for Codicil No. 2 to his last Will and Testament; and that this deponent at the same time, heard the said James B. McFadden declare the said instrument in writing to be Codicil No. 2 of his last Will and Testament, and that the said instrument in writing was, at the same time, at the request of the said James B,. McFadden and with his consent attested and subscribed by the said George H. J. Raymond and Jennie O'Connor in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said James B, McFadden was, at the time of the signing and subscribing of said 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.
George H. J. Raymond          


          Sworn to and subscribed by the said George H. J. Raymond before me Cecil B. Collins Clerk of said Court at Shelbyville, Indiana the 4th day of January 1815.

Cecil B. Collins   Clerk          



Codicil No. 3

          By way of still another Codicil to the Will heretofore executed by me and which remains unrevoked, I wish to here express my desire that Mrs. Alice Raymond my present house-keeper and her family, shall be permitted to remain in possession of my residence at No. 239 West Broadway Shelbyville, Indiana where I now reside as also of the furniture therein, free from rent for a period of One Year from the date of my death, And also that she, Mrs. Raymond be paid the sum of ($100.00) One Hundred dollars and of the first monies realized out of my Estate.
          In testimony Whereof I have hereunto set my hand this 8th day of June 1914 and Anniversary of my birth.
J. B. McFadden          


          Subscribed by the said J. B. McFadden in our presence and by him declared to be his last Will and attested by us as such in his presence, and in the presence of each other this 8th day of June 1914.
John E. Montgomery          
Laura Montgomery          



State of Indiana, Shelby County SS
          Be it remembered, that on the 4th day of January A.D. 1914 the 43 judicial day of the Nov. Term of the Shelby Circuit Court in said year, come into open Court Donald L. Smith and produces in Court an instrument in writing purporting to be Codicil No. 3 of the last Will and Testament of James B. McFadden, deceased, and now moves the admittance thereof to probate and record and in proof of said Codicil No. 3 said Will introduces John E. Montgomery 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 8th day of June 1914 he saw the said James B. McFadden sign his name to said instrument in writing as and for Codicil No. 3 of his last Will and Testament, and that this deponent, at the same time, heard the said James B. McFadden declare the said instrument in writing to be Codicil No. 3 of his last Will and Testament and that the said instrument in writing was, at the same time, at the request of the said James B. McFadden and with his consent attested and subscribed by the said John E. Montgomery and Laura Montgomery in the presence of each other, as subscribing witnesses thereto, and that the said James B. McFadden 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.
John E. Montgomery          


          Sworn to and subscribed by the said John E. Montgomery before me Cecil B. Collins, Clerk of said Court at Shelbyville, Indiana, this 4th day of Jan. 1915.

Cecil B. Collins   Clerk          


Copied by Vickie Gorby

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