Last Will and Testament
I, John McCain, at this time a resident of Shelby County, Indiana, do hereby make and publish this my last Will and Testament.
Item 1. I direct that as soon as possible after my decease all of my Just debts and funeral expenses be paid out of my estate.
Item 2. I give devise and bequeath to my beloved wife Effie A. McCain, All of the house hold goods of which I may die siezed to have and to hold as her individual. property forever.
I further give devise and bequeath to my beloved wife Effie A. McCain - Lot number Sixteen (16) in Haymonds Second Addition to the town of Waldron, Shelby County, Indiana, to have and to hold for and during the term of her natural life, and after her death the same shall descend to my children living and to the descendents of any who shall die before my decease; the descendents of such deceased child to take the share their parent would have taken if living.
The above bequests I give and bequeath to my said wife, and to be received by her as and for her full statutory rights as my widow in my estate under the laws of the State of Indiana.
Item 3. I give, devise and bequeath to my children all of the residue of my estate of any and all kinds, Wherever situate, to have and to hold as their undivided property, share and share alike in fee simple. In the event either of my children should die before my decease leaving a child or children, then such child or children shall take the share the parent would have taken if living.
Item 4. I do hereby revoke any and all wills by me heretofore made.
In Witness Whereof I have hereunto set my hand and seal this 22nd day of August 1908.
John McCain ( SEAL )
Signed, sealed and acknowledged by the above named John McCain as his last Will and Testament in our presence, and signed by us as attesting witnesses thereto at his request in his presence and in the presence of each other this August 22" 1908.
Robert W. Buxton
Everet E. Stroup
State of Indiana, Shelby County SS
Be It Remembered, That on the 30" day of April Robert W. Buxton one of the subscribing witnesses to the within and foregoing last Will and Testament of John McCain, late of said County, deceased personally appeared before Otto L. Coyle Clerk of the Circuit Court of Shelby County in the State of Indiana, and being duly sworn by the Clerk of said Court upon his oath, declared and testified as follows, that is to say: That on the 22" day of August 1908, he saw the said John McCain sign his name to the said instrument in writing as and for his last Will and Testament, and that this deponent, at the same time, heard the said John McCain, 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 John McCain and with his consent attested and subscribed by the said Robert W. Buxton and Everett E. Stroup in the presence of said testator, and in the presence of each other as subscribing witnesses thereto, and that the said John McCain 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.
Robert W. Buxton
Sworn to and subscribed by the said Robert W. Buxton before me, Otto L. Coyle, Clerk of said Court at Shelbyville, the 30" day of April 1914.
In Attestation Whereof, I have hereunto subscribed my name and affixed the seal of said Court.
( SEAL ) Otto L. Coyle Clerk
Shelby Circuit Court
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 John McCain has been duly admitted to probate and duly proved by the testimony of Robert W. Buxton in proof thereof, has been by me duly made and recorded in Book 6 at paged 454-455 and 456 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 30" day of April 1914.
(SEAL) Otto L. Coyle Clerk
ELECTION OF WIDOW
The undersigned widow of John McCain deceased late of Shelby County, Indiana, who died testate and whose last Will and Testament has been duly admitted to Probate and record in the Shelby Circuit Court of said County and State, hereby make election, to take and accept the provisions made by said Will in my behalf in lieu of my Statutory right as such widow, in and to the one-third of the lands of which my said late husband died seized and which statutory right in consideration of the provisions of said Will by me accepted, is hereby released and relinquished.
Dated this 19" day of May A.D. 1914.
Effie A. McCain Widow
State of Indiana Shelby County SS.
On this 19" day of May A.D., 1914, personally appeared before me the undersigned Notary Public in and for said County and State Effie A. McCain, widow of John McCain deceased to me well known and having fully explained the contents of the foregoing instrument, acknowledged that she executed the same as her voluntary act & deed.
Witness my hand and Notorial Seal at 19" Indiana this the date last above written.
David L. Wilson
Com Ex. Sept. 1915
( SEAL ) Notary Public S.C.
Transcribed by Barb Huff