Last Will and Testament
I, John Smith of Shelby County, in the State of Indiana hereby make and publish this my last Will and Testament hereby revoking any and all former Wills by me made.
Item 1. I hereby Will and direct that all of my just debts and funeral expenses be paid.
Item 2. I hereby Will devise and bequeath unto my beloved wife Rachel Smith, all of my personal property, subject to payment of my funeral expenses and the debts and expenses of administration of my estate.
Item 3. I will, devise and bequeath unto my beloved wife, Rachel Smith my farm in Van Buren Township, Shelby County Indiana, being all the real estate which I now own in said Township and being the same real estate this day conveyed by Shelbyville Trust Company to me for and during the term of her natural life and for that term only.
Item 4. Upon the death of my said wife Rachel Smith, I will and direct that my Executor hereinafter named, shall sell and dispose of my said real estate to the best advantage possible. When said real estate shall be sold as above provided, I will and direct that the proceeds from such sale shall be divided as follows:----
I will devise and bequeath the full one nineth part of such proceeds from the sale of said real estate, to each of my following named children to wit -- Flora Rafferty, Fannie Gatewood, Anna Duncan, Josie Nigh, Ray Smith, Julia Smith and Mary Ostermeyer, and to my grandson Carl Stephenson the only child of my deceased daughter, Clara Stephenson, I will devise and bequeath the full one nineth part of such proceeds from the sale of said real estate provided that if any of said children or said children or said grandson shall be dead at the time of the sale of said real as herein provided, I will, devise and bequeath unto the descendants of such deceased person the portion of such proceeds which such deceased person would have received under this Will if living.
Item 5 - I will devise and bequeath unto my Executor hereinafter named in Trust for the use and benefit of my daughter Lizzie Sandefur and her descendants living at the time of her death as hereinafter provided, the full one-ninth part of the proceeds from the sale of said real estate. I will and direct that my said Executor shall purchase for the use and benefit of my said daughter Lizzie Sandefur and her said descendants, with said portion of such proceeds such farm land as my said Executor shall term suitable, and the title to such proceeds such farm land as my said Executor shall deem suitable and the title to such farm land shall be placed in my said daughter for the term of her natural life and for that term only, and the fee simple title shall be placed in her descendants that shall be living at the time of her death.
I have made the provision in this item of my will for the reason that I do not deem it advisable to give to my said daughter any part of my estate in such a way that her husband should have any control over the property left by me to my daughter, and also for the reason that if this provision is carried out as welled by me, my daughter will have no opportunity to waste and dissipate her share of my estate.
Item 6. I hereby appoint Shelbyville Trust Company of Shelby County, Indiana as the Executor of this my last Will and Testament.
The devise to my wife Rachel Smith in Item two and three of this will shall be in full of all of the right title, or interest of my said wife in my said described real and personal estate and in full and in lieu of any and all statutory rights that she would have as my widow in my said describe real and personal estate.
I do not make any provision herein for my son, Ira Smith, for the reasons that I have already conveyed to him by Deed of this date, my said wife joining therein, property in full of his interest on my said estate, as provided in said deed, and he has accepted the terms of said Deed.
In Witness whereof, I have hereunto set my hand and seal this the 19th day of May 1913.
Signed. John Smith ( seal )
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