Page 568
Will
of
Julius Joseph
County of Shelby
State of Indiana
22 July 1909
I, Julius Joseph, of Shelby County in the State of Indiana do hereby make and publish this my last will and testament.
Item one. For the purpose of protecting the interests of my wife Millie Joseph and also those of my blood relatives, I hereby appoint Albert H. Kahn and Jonas Joseph to be the executors of this will, and in the event that said Albert H. Kahn shall die before my decease, or before this will shall have been fully executed, I hereby appoint in his stead his brother Charles H. Kahn; and in the event that the said Jonas Joseph shall die before my decease, or before this will shall have been fully executed, then I appoint his son Jachiel W. Joseph as executor in his stead, and I hereby give full power to the executors of this will to execute and carry out the same in all respects. If the Court in which my estate shall be settled shall permit the same to be done I hereby empower my said executors to execute the duties of the said trust without being required to give bond, and I hereby provide that they shall serve wholly, without compensation, except the compensations provided for them herein after in this will.
Item two. It is my desire that my body shall be interred in the Clifton Jewish Cemetery in Cincinnati, Ohio; and I hereby will, give, devise and bequeath unto the congregation of Sherith Israel Ahabath Achim of Cincinnati, Ohio, in control of said cemetery, the sum of one Thousand Dollars ($1000.00); this bequest is made upon the condition that said devisee shall keep in repair and in good condition forever the graves of my wife and myself and the monuments and markers on the grave lot where we shall be buried, together with the lot itself, which shall be located in the Jewish Cemetery aforesaid, and in the event of the failure of said devisee to comply with this condition, then the said devise shall revert to my estate, and my said executors are hereby empowered, in such event, to recover the same to my estate, if such devise shall have been paid prior to such default. In the event this devise shall not be accepted, then the same shall become a part of the trust estate in the hands of my executors, hereinafter provided for, and shall be distributed as the other funds of such trust shall be distrubted as hereinafter provided. If said devise shall be accepted the same shall be paid by my executors within one year after my decease.
Item three: I hereby will, order and direct that my executors pay all my just debts, funeral expenses and the expenses of settling my estate out of any funds in their hands available for said purpose.
Item four: I hereby will, devise and bequeath my watch and chateline to my grand-nephew, Julius Joseph, Jr., son of Julius Joseph of New York; my diamond stud to my nephew, Jachiel Joseph, son of my brother, Jonas Joseph; My gold ring to my nephew, Jay C. Kahn, son of Morris Kahn; my diamond collar button to my grand-nephew, Julian Behr, son of Max Behr; my diamond ring to my grand-nephew, Norman Behr, son of said Max Behr, and all of said bequests are ordered to be delivered to said devisees respectively as soon after my deceased as it shall be convenient to make such delivery.
Item five. I hereby will, devise and bequeath unto my beloved wife,
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Millie Joseph, all of the household goods which I shall own at my decease, including all furniture, paintings, silverware, rugs, and bricabrac, all of which shall go to here as her absolute property immediately after my deceased.
Item six: I hereby set apart, will, devise and bequeath unto my said executors for the use and benefit of my sister Mahla Joseph, the sum of Ten Thousand dollars ($10000.00), and my said sister is not to have or own any part of the principal sum of this devise, but my said executors are to loan said amount in the best possible manner, according to their judgment, the same to be secured by a first mortgage lien upon real estate of sufficient value, and all of the net proceeds from said ten thousand dollars shall be paid to my said sister as fast as the same shall come into the hands of my said executors and she shall receive as her own all such net proceeds from the time of my decease until her death. After the death of my said sister it is my will that said ten Thousand dollars shall become a part of the trust estate in the hands of my said executors, hereinafter provided for and the same shall be dealt with by them as the residue of such trust estate until the death of my wife Millie Joseph, at which time the principal sum of said ten Thousand dollars shall go to and become the absolute property of the persons who shall then (meaning at the time of my wife's death), be the executors of my estate, in equal proportions, which shall be their compensation for executing their duties as executors of this will. In the event, that if for any reason said Albert H. Kahn or said Charles H. Kahn shall not serve as executor of this will until the same shall be executed, then I hereby appoint in their stead Louis Joseph son of my brother, Solomon Joseph to be one of my executors; and in the event that the said Jonas Joseph or the said Jachiel W. Joseph, for any reason, shall not serve as executor of this will until the same shall be executed, then I hereby appoint in their stead Henry G. Joseph, son of my brother, Jonas Joseph, to be one of the executors of this will.
Item seven. I hereby set apart, will, devise and bequeath unto the Jewish Orphan's Asylum of Cleveland, Ohio, the sum of One thousand dollars ($1000.00), the same to be paid to the proper persons in control of said asylum by my executors within one year after my decease, said sum to be used and expended for the benefit of said institution and the support thereof.
Item eight. I hereby set apart, will, devise and bequeath unto the Jewish Old Mens' Home, of Cincinnait, Ohio, the sum of five hundred dollars ($500.00), the same to be paid to the proper persons in control of said institution by my executors, within one year after my decease, said sum to be used and expended for the benefit of said institution in the support thereof.
Item nine. I hereby set apart, will, devise and bequeath unto the Jewish Hospital of Cincinnati, Ohio, the sum of five hundred dollars ($500.00), the same to be paid to the proper persons in control of said hospital by my executors, within one year after my decease, said sum to be used and expended for the benefit of said institution and in the support thereof.
Item ten. I hereby set apart, will, give and devise unto my executors for the use and benefit of the worthy poor people of Shelbyville, Indiana, the sum of five hundred dollars ($500.00), the same to be expended by my executors for the benefit of such poor, at such times and in such manner as in their judgment they shall deem best, and to this end I suggest that my said executors shall confer with the King's Daughters of Shelbyville,
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Indiana, as to such expenditures, if such organization shall then be in existence.
Item eleven. I hereby set apart, give, will, devise and bequeath unto my said executors for the use and benefit of the municipal corporation of the city of Shelbyville, Indiana, the sum of Five thousand dollars ($5000.00) this devise being subject to the following limitations and conditions towit: The said five thousand dollars shall be expended by my executors in the erection of a fountain to be placed in the center of the Public Square of said city. My said executors in conjunction with a committee to be appointed by the Council of said City shall become a purchasing committee for the purpose of purchasing said fountain. Before the same shall be purchased said Council may by ordinance accept this bequest upon the terms and conditions hereof and afteer my said executors and said purchasing committee shall have selected and purchased such fountain the same shall be paid for in the said amount of five thousand dollars by my said executors. This bequest is also made upon the condition that the said City by its Council shall by a proper ordinance set apart and dedicate in the center of said square a space of sufficient size to receive said fountain and for the use thereof forever, and also shall by ordinance provide for the maintenance of said fountain forever, and that when the same shall be erected and completed said fountain shall be known and inscribed as the "Josephs Fountain". The said amount shall be so set apart by my executors within one year following my death, and, after the said fountain shall have been completed, my said executors shall by a proper, formal proceeding transferr said fountain to said City as a free gift from me. In the event that this devise shall not be accepted by said City upon the conditions and limitations above set out, then said five thousand dollars shall also become a part of the trust estate in the hands of my executors, hereinafter provided for, and shall be managed and distributed as the residue of said trust estate, and in accordance with this will.
Item twelve. Whereas, I am the owner of Seventy five shares of stock in "The Harry Joseph Clothing Company", of Evansville, Indiana, and it is my desire that said business shall be continued without interruption after my decease, and whereas, it is my desire to substantially remember Fannie Joseph, Rosa Joseph, and Julius C. Joseph, children of my brother Harry Joseph of said City, therefore I hereby give, will, devise and bequeath unto my said nieces and Nephew the said seventy five shares of stock in said corporation, share and share alike, the same to be owned by them absolutely and to be delivered to them by my executors as soon as convenient after my decease.
Item thirteen. I give, will, devise and bequeath unto Fannie Joseph, Rosa Joseph, Julius C. Joseph, Lillie Cohn, Mark Joseph and Jeanette Sonneborn, children of my brother Harry Joseph, all my interest in the tract of land located on Green River Road in Vanderburg County, Indiana, being all my interest in thirty acres, more or less, said devisees to have the said tract absolutely upon my death share and share alike. In the event that either of said devisees shall die without issue or their descendants surviving them, then the survivors
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of said devisees shall share in equal proportions such deceased brother's or sister's share in said tract so given by this devise.
Item fourteen. Whereas, I own one third of the stock of the Hodell Furniture Company in Shelbyville, Indiana, and there is a contract among the stock holders to the effect that in the even that either stock holder shall die within five years from the date of said agreement, the survivors shall have the option of taking over to themselves all of such deceased person's stock at the fixed price of fifteen thousand dollars ($15000.00), thereof in the event of my decease before the expiration of said term of five years, and of a refusal on the part of the surviving stock holders in said company to take over suck stock at such fixed price, then I hereby will, devise and bequeath all of my stock in said corporation to my nephew, Henry G. Joseph, to be his property absolutely, but this devise to him is upon thecondition that he shall pay annually to my said executors from the time he shall receive said stock to the time of the death of my wife Millie Joseph, the sum of one thousand dollars. In the event said surviving stock holders shall elect to take said stock, on my decease, within said five years, at the said price of said fifteen thousand dollars, then the money so paid for the same shall go into the hands of my said executors as a part of the trust estate hereinafter provided for and shall be delt with by them in the same manner as the residue of said trust estate and upon the death of my wife shall be disposed of as part of said trust estate as hereinafter provided.
Item fifteen. I hereby will, devise and bequeath unto my said executors for the use and benefit of the persons hereinafter named and as hereinafter stated all of the residue of my property real and personal, left after paying, providing for and discharging all of the foregoing special devisees, all of such property to constitute what I now term a trust estate, the same to be held by my said executors in trust for the persons, purposes and uses and under the conditions hereinafter specially designated. All personal property of every kind so constituting a part of such trust estate shall be reduced to cash by my executors by selling such stocks, personal property, bonds, and by the collection of all demands as shall come into their hands under this item of this will, they selling the parts thereof to be sold, from time to time, and for such prices as they shall deem to the best interests of my estate, to the end that all of the personal property constituting a part of such trust estate as shall go into the hands of said executors, shall be reduced to cash at as early a period after my decease as shall be practical, without sacrificing the same by any hast sale thereof. After any or all of such personal property shall have been reduced to cash the same shall not be reinvested, but shall be loaned continuously until the death of my wife, Millie Joseph, in good safe loans, secured by good, first mortgage liens on ample real estate to secure the repayment thereof, and the principal sum thereof shall be finally distributed and disposed of upon the death of my wife as hereinafter stated, the net income therefrom to be paid to her as hereinafter provided.
All of my real estate that shall go into the hands of my said executors under this item of this will, as a part of the trust estate created by this item, shall be taken charge of by my executors, rented out by them, kept in repair by them, the rents therefrom to be collected by them and the taxes thereon to be paid by them all from such rents
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and they shall so continue to manage, control and look after such real estate, continuously, from the time of my decease until the death of my said wife, Millie Joseph, and all of the net income that shall accrue from such real estate from the time of my decease until the death of my said wife shall be paid to her by my executors as hereinafter stated. Within one year after the death of my said wife all of my real estate so held by my executors in trust as aforesaid, shall be sold by them to the best advantage to my estate with this exception and limitation namely: that they shall appraise at its fair value all of my interest in the real estate owned by my brother Jonas Joseph and myself, as tenants in common, and my said brother, or if he then be dead his heirs at law, shall have the right to purchase my said interest at such appraised value, paying my executors therefor. If my executors fail to agree as to the value of my said interest in appraising the same, or fail to agree as to the value of any part thereof, then they shall select a third appraiser, who shall be wholly disinterested, not realted to my wife's family or mine, and who shall be a person of good judgment and acquainted with the value of real estate, and such three appraisers shall appraise and fix the valueof such parts of my said real estate as my said executors shall fail to agree upon, and the decision of two of such three appraisers in such case or cases shall be final. If my said brother Jonas Joseph, if he be living at the death of my wife, or if his heirs, provided he then be dead, shall refuse to purchase said real estate or any part thereof at its appraised value fixed in the manner aforesaid, then my executors shall sell the real estate which my said brother or his heirs shall so decline to purchase, to any person and for such price as they may deem to the best interests of my estate, the utimate purpose being to reduce all of my real estate to cash within one year after the decease of my said wife and such cash together with that derived from my personal estate to constitute the total trust fund to be divided and distributed after the death of my wife as hereinafter provided.
Item sixteen. I hereby give, devise, wil and bequeath tomy beloved wife Millie Joseph, to be hers absolutely, all of the net incomes from all of my estate, real and personal, that shall not be taken up, consumed or required in paying and discharging all of the foregoing special devises mentioned in items two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen and fourteen of this will, and my said executors are hereby ordered and directed to settle with my said wife monthly, paying to her from the time of my decease until her death all such net incomes from said trust estate as shall be and remain in their hands at the end of each calendar month, and this devise is intended to include all net income that may come to my executors from the ten thousand dollars set apart for the use of my sister in item six of this will, from the time of her death until the death of my said wife, and this devise also includes the net income from any and all of my property that for any reason shall lapse to my estate prior to my wife's death, or that shall remain in the hands of my executors as part of said trust estate after deducting and discharging the special bequests mentioned in said items from two to fourteen
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inclusive as aforesaid. It is my purpose by this item to give to my wife absolutely the net incomes aforesaid but not to devise to her absolutely any part of the trust estate hereinabove created.
Item seventeen. Within one year after the death of my said wife, Millie Joseph, and after my said trust estate shall have been reduced to cash by my executors in the manner aforesaid, then it is my will that all of said estate shall be divided and distributed by my said executors, and to that end I hereby give, will, devise and bequeath all of said trust funds to the persons in the several amounts as follows:
To Bertha Behr, daughter of my brother, Solomon Joseph, two thousand dollars ($2000.00); to Fannie Clark, daughter of my said brother, one thousand dollars ($1000.00) to Flora Carson, daughter of my said brother one thousand dollars ($1000.00); to Harry Joseph, son of my said brother Two Thousand dollars ($2000.00); to Julius Joseph, son of my said brother one thousand dollars ($1000.00); to Louis Joseph, son of my said brother, One Thousand dollars ($1000.00); to Estella Solomon, daughter of my said brother, one thousand dollards ($1000.00).
To Hattie Baer, daughter of my sister, Fannie Kahn, one thousand dollars ($1000.00) to Emma Cohn, daughter of my said sister, three thousand five hundred dollars ($3500.00); to Harry Kahn, son of my said sister, five Hundred Dollars ($500.00); to Lee Kahn, son of my said sister, one Thousand dollars ($1000.00); to Ruth Marks, daughter of my said sister, fifteen hundred dollars ($1500.00);
To Fannie Joseph, daughter of my brother, Harry Joseph, one thousand dollars ($1000.00); to Rosa Joseph, daughter of my said brother, one thousand dollars ($1000.00); to Julius C. Joseph, son of my said brother one thousand dollars ($1000.00); to Lillie Cohnn, daughter of my said brother, one thousand ($1000.00); to Mark Joseph, son of my said brother one thousand dollars ($1000.00); To Jeanette Sonneborn, daughter of my said brother, one thousand dollars (1000.00);
To Mamie Levinson, daughter of my sister, Rosa Gumberts, two thousand dollars ($2000.00).
To Jachiel Joseph, son of my brother, Jonas Joseph, one thousand dollars ($1000.00); To Henry G. Joseph, son of my said brother, one thousand dollars ($1000.00); to Marguerite Joseph, daughter of my said brother, two thousand dollars ($2000.00); to Harriet Joseph, daughter of my said brother, two thousand dollars ($2000.00).
To Hattie N. J. Kahn, daughter of Joseph Kahn, one thousand dollars ($1000.00) and to J. C. Kahn son of Morris Kahn, one thousand dollars ($1000.00).
Item eighteen. All of the residue of said trust funds and of my estate I give, devise and bequeath as follows:
The full one fourth part thereof to Julius Joseph, son of my brother, Solomon Joseph; the full one fourth part thereto to Jachiel W. Joseph, son of my brotherr, Jonas Joseph; the full one fourth part thereof to Henry G. Joseph, son of my said brother; the full one eighth part thereto to Fannie Joseph, daughter of my brother, Harry Joseph, and the full one eighth part thereof, being the residue thereof, to Rosa Joseph, daughter of my said brother, Harry Joseph.
Item nineteen. The foregoing provisions made for the benefit of my said wife, if she shall accept the same, are, and shall be, in full and in lieu of all her rights and interests in my estate as my widow or heir, and in the event she shall decline to take the
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provisions made for her in this will and instead shall elect to make under the law, then it is my will, that immediately upon such election, and thereafter, there shall be but one executor of my estate. In such event I nominate and appoint my brother, Jonas Joseph, as said executor. If he be not living, or if for any reason shall not take such trust upon himself, then I nominate and appoint his son, Jachiel W. Joseph, to be such executor. If he be not living, or if for any reason he shall not accept such trust, then I nominate and appoint my nephew, Henry G. Joseph, to be such executor; and in case of such election by my widow to take under the law, then neither said Albert H. Kahn, nor said Charles H. Kahn, nor said Louis Joseph shall act as executor of this will.
In the event that my said widow shall elect to take under the law, instead of under this will, it is my will that my estate be closed as speedily as possible and within one year after my decease, if practical to do so, and in such event my executor shall have as his sole compensation for executing this will the sum of twenty-five hundred dollars ($2500.00), to be retained by him from my estate on the final settlement thereof.
In the event my said widow shall elect to take under the law, then it is my will that my executor, within one year after my decease, if he can do so without sacrificing my property, shall sell, dispose of and reduce to cash all of my property real and personal, left after my said wife shall have taken her part therefrom under the law, except my jewelry which shall go to the persons and be disposed of by my executor in the respects as set out in item four of this will, and, except that my stock in the Harry Joseph Clothing Company shall go to the persons and be disposed of by my executor in all respects as set out in item twelve of this will, and except, also, that the thirty acre tract of land more or less, disposed of in item thirteen of this will shall go to the persons and in proportions in accordance with the provisions of said item thirteen.
In the event that my said wife shall take under the law, then it is my will that all of the property mentioned in item five of this will, not taken by my widow under the law, shall be disposed of by my executor and reduced to cash.
If my said wife shall take under the law, my executor as soon as convenient after my death shall sell all of my interest in all of my real estate except said thirty acre tract and any part thereof that may be taken by my widow under the law, and he shall reduce the same to cash, with this limitation, namely; that as to the real estate held by my brother Jonas Joseph, and myself as tenants in common, the same shall be appraised by three disinterested men of good judgment not realted to me or my people, one of which appraisers shall be selected by Julius Joseph, son of my brother Solomon Joseph, one by Jachiel Joseph, son of my brother Jonas Joseph and one by Fannie Joseph and Rosa Joseph daughters of my brother Harry Joseph, and the values fixed by such appraisers on such real estate shall be the purchase price thereof to my to my brother Jonas Joseph, or, if he be not living, to his heirs, and my executor is ordered and directed to sell to my said brother or to his heirs as the case may be, if he
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or they shall desire to purchase the same, all or any part of such real estate at the price so to be fixed by such appraisers and he or they shall pay for the same in cash to my executor.
In the event my said brother or his children shall decline to purchase said real estate at such price, then my executor is ordered to sell the same to any person paying the highest price therefor.
Item twenty. In the event my widow shall take under the law, and after my real and personal property, so to be sold, shall have been disposed of by my executor and reduced to cash as aforesaid, it is my will that my said executor shall from such funds pay, discharge and fully carry out all of the provisions in each of the following items in this will, towit: Items two, three, seven, eight, nine, ten and eleven.
If my said widow shall take under the law, then in such event, my stock in the Hodell Furniture Company of Shelbyville, Indiana, shall not go to or become the property of Henry G. Joseph, but the same shall be sold by my executor and the proceeds shall become a part of the general fund to be finally distributed by my executor.
If my widow shall take under the law, then it is my will that item six of this will shall not be in force in any way, but instead thereof I, in such event, give devise and bequeath unto my sister Mahla Joseph the sm of Seven Thousand Five Hundred dollars ($7500.00), the same to be hers absolutely and to be paid to her by my executor as soon after my decease as he can reasonably do so.
In the event, the provisions of this will containing stipulations for a continuing trust estate, shall not be in force, but it is my desire, if my wife shall take under the law, to have my whole estate settled as soon after my decease as possible as hereinabove indicated.
In the event my said wife shall take under the law, then it is my will, that after my said executor shall have discharged, paid and carried out all of the special devises as are mentioned in this item and those mentioned in item nineteen of this will, he shall dispose of and distribute the residue of my estate in his hands to the persons and in the amounts as follows: To the children of my brother, Solomon Joseph, named in item seventeen of this will, my executor shall pay the several, respective amounts as devised to each in said item; to the children of my sister Fannie Kahn, named in said item seventeen, he shall pay the several respective amounts as devised to each in said item; to the children of my brother Harry Joseph, named in said item seventeen, he shall pay the several, respective amounts as devised to each in said item; to Mamie Levinson, daughter of my sister Rosa Gumbert, named in said item seventeen, he shall pay the sum of two thousand dollars ($2000.00) and to the children of my brother Jonas Joseph, named in said item seventeen, he shall pay the several, respective amounts as devised to each in said item
In the event my said widow shall take under the law, it is my will that neither Hattie N. J Kahn, nor J. C. Kahn, named in said item seventeen shall take any part of my estate, because in such event I presume my said widow will care for their interests in a proper way.
Item twenty-one. In the event my said widow shall take the law, then I give, devise and bequeath all of the residue of my estate, left after my executor shall have
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carried out the provisions aforesaid, to the following persons and in the following proportions towit: To Julius Joseph, son of my brother Solomon Joseph, the full one fourth part thereof; to Jachiel W. Joseph, son of my brother Jonas Joseph, the full one fourth part thereof; to Henry G Joseph, son of my said brother, the full one fourth part thereof; to Fannie Joseph, daughter of my brother Harry Joseph the full one eighth part thereof and to Rosa Joseph, daughter of my said brother, the residue, being the full one eighth part thereof.
Item twenty-two. In the event that my said wife shall accept the provisions made for her in this will, and shall not elect to take under the law, then items nineteen, twenty and twenty one in this will shall have no force in the disposition of my estate or any part thereof. It is my will and desire that my said wife shall accept the provisions in this will in lieu of all her rights in my estate, and if she shall do so, then my estate shall be settled and disposed of as though said items nineteen, twenty and twenty-one in this will had not been written.
Item twenty-three. I hereby cancel and revoke all former wills made by me. This will is written, by the use of a typewriter, on thirteen pages of paper of uniform size, and each page has been identified by my signature upon the margin thereof.
In witness whereof I have hereunto set my hand and seal this 22nd day of July, 1909.
Julius Joseph
The foregoing will was signed by the said Julius Joseph, and acknowledged by him to be his last will, in our presence and we hereby attest his signature thereto, at his request, in his presence and in the presence of each other.
Dated this 22nd day of July, 1909.
Louis Hoover
Edd. K. Adams
State of Indiana, Shelby County, ss
Be it rememberd that on the 10" day of June, A. D., 1921, the 23 Judicial day of the May Term of the Shelby Circuit Court in said year, come into open Court Jonas Joseph and Albert Kahn and produces in Court an instrument in writing purporting to be the last will and testament of Julius Joseph, deceased, and now moves the admittance thereof to probate and record, and in proof of said will introduces Ed K. Adams, and Louis Hoover, 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 July 22, 1909, they saw the said Julius Joseph sign his name to said instrument in writing and as and for his last will and testament; and that this deponent, at the same time, heard the said Julius Joseph 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 Julius Joseph and with his consent attested and subscribed by the said Ed K. Adams and Louis Hoover in the presence of said testator and in the
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presence of each other, as subscribing witnesses thereto, and that the said Julius Joseph 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.
Ed. K. Adams
Louis Hoover
Sworn to and subscribed by the said Ed K. Adams and Louis Hoover before me Gordon Thurston, clerk of said Court, at Shelbyville, Indiana the 10" day of June, 1921.
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 Julius Joseph deceased, is the last will and testament of Julius Joseph, deceased, and is hereby admitted to probate and record in this court.
Gordon Thurston, Clerk.
State 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 Julius Joseph has been duly admitted to probate, and duly proved by the testimony of Ed. K. Adams and Louis Hoover, the subscribing witnesses thereto, that a complete record of said will, and of the testimony of the said Ed K. Adams and Louis Hoover, in proof thereof has been by me duly made and recorded in Book 7 at pages 568 - 577 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 10" day of June, 1921.
Gordon Thurston, Clerk
Circuit Court, Shelby County.
(SEAL)
(First Codicil)
I, Julius Joseph, of the City of Shelbyville, and State of Indiana, make and publish this as a codicil and modification of my last will and testament signed and executed by me, on the 22nd day of July, 1909, and attested before Louis Hoover and Ed. K. Adams, which Codicil I attach to said original will as part thereof.
Item one. Having conveyed the property named in item thirteen of said will whereby I willed, devised and bequeathed unto fannie Joseph, Rosa Joseph, Julius C. Joseph, Lillian Cohn, Mark Joseph and Jeanette Sonneborn children of my brother Harry Joseph all my interest in the tract of land, located on the Green River Road in Vanderburg County, Indiana, is hereby revoked.
Item two. I hereby revoke item fourteen of this will whereby I willed, devised and bequeathed to Henry G. Joseph to be his property absolutely, fifteen thousand Dollars of the stock of the Hodell Furniture Company. That since the execution of said will, I have sold and disposed of said stock, and am no longer the owner thereof.
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In lieu of said bequests I will, devise and bequeath, to the said Henry G. Joseph forty-five (45) shares of the capital stock of the Root Furniture Company of Shelbyville, Indiana, owned by me, which stock the said Henry G. Joseph shall hold absolutely, but as a condition to this bequest, the said Henry G. Joseph shall pay to my widow, the sum of one thousand dollars, each year, during the lifetime, of my said widow, the said sum of One Thousand Dollars, so to be paid by the said Henry G. Joseph, shall be the primary lien upon said stock, and no sale or disposition of said stock shall relieve the same of sid lien. And at the death of my said widow, the said stock shall pass to the said Henry G. Joseph, free and discharged from any liens or encumbrance thereon.
In witness whereof, I, Julius Joseph, of the County of Shelby, have hereunto set my hand and seal this 26th day of July, 1912.
Julius Joseph
Signed and acknowledged by Julius Joseph, to be a codicil to his last Will and Testament, in our presence, and at his request, attested by us as attesting witnesses in his presence and in the presence of each other this 26th day of July, 1912.
K. M. Hord
Louis Hoover
State of Indiana, Shelby County, ss:
Be it remembered that on the 10" day of June, 1921, the 23 judicial day of the May Term, of the Shelby Circuit Court in said year, come into open court Jonas Joseph and Albert Kahn and produces in Court an instrument in writing purporting to be the first codicil to the last will and testament of Julius Joseph, deceased, will dated July 22, 1909, and now moves the admittance thereof to probate and record, and in proof of said codicil introduces Louis Hoover, one of the subscribing witnesses thereto, who being duly sworn by the clerk of said Court, on oath, declares and testifies as follows, that is to say: That on the July 26, 1912 he saw the said Julius Joseph sign his name to said instrument in writing as and for the first codicil to his last will and testament; and that this deponent, at the same time, heard the said Julius Joseph declare the said instrument in writing to be a codicil to his last will and testament, and that the said instrument in writing was, at the same time, at the request of the said Julius Joseph and with his consent attested and subscribed by the said Louis Hoover and K. M. Hord, in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said Julius Joseph 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.
Louis Hoover
Sworn to and subscribed by the said Louis Hoover before me Gordon Thurston, Clerk of said Court, at Shelbyville, Indiana, the 10" day of June, 1921.
Gordon Thurston, Clerk
Whereupon it is ordered, adjudged and decreed by the court, that said instrument in writing purporting to be the first codicil to the last will of Julius Joseph, deceased, is the first codicil to the last will and testament of Julius Joseph
Page 579
deceased and is hereby admitted to probate and record in this court.
Gordon Thurston, Clerk
State of Indiana, Shelby County, ss.
I, Gordon Thurston, Clerk of the Circuit Court of Shelby County, Indiana, do hereby certify that the first codicil to the within annexed will and testament of Julius Joseph, has been duly admitted to probate and duly proved by the testimony of Louis Hoover one of the subscribing witnesses thereto, that a complete record of said first codicil to said will, and of the testimony of the said Louis Hoover in proof thereof, has been by me duly made and recorded in
Book 7 at pages 577, 578, 579 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 10" day
of June, 1921.
(SEAL) Gordon Thurston, Clerk
Circuit Court, Shelby County.
Codicil Number Two to Will of
Julius Joseph
I, Julius Joseph, of the City of Shelbyville Shelby County, Indiana, hereby make and publish this as a codicil and modification of my last will and testament signed and executed by me on the 22nd day of July 1909, and attested before Louis Hoover and Ed. K. Adams, which codicil I hereby attach to said original will as a part thereof.
Item one. I hereby revoke, abbrogate annull and set aside item ten of said will of date July 22nd, 1909, and each and all of the provisions thereof, and in lieu thereof I hereby set apart, give, will and devise unto Security Trust Company of Shelbyville, Indiana, as Trustee, the sum of one Thousand ($1000.00) Dollars, the same to be and remain a perpetual fund in the hands of said trustee, and in the event that said trustee shall decline said trust or fail to act therein, then to is successor to be appointed by the Shelby Circuit Court. My said trustee shall loan said fund or purchase securities therewith, which shall be absolutely solvent and well secured, and after retaining five dollars from the income thereof for the services of said trustee, per annum, shall deliver the residue of the income from said One Thousand Dollars to the Federated Charities Organization of the City of Shelbyville, Indiana, to be by them expended for the benefit of the deserving poor of the city of Shelbyville, Indiana. In the event that said organization shall be out of existance at any time or for any reason cannot and does not receive and disburse said income as above stated, then, my said trustee is empowered to pay said ____, ____ the said amount for services, to the successor to said Charitable organization to be expended by it as aforesaid, or to such other organization or person in said city as shall be engaged in work similar to the said organization known as the Federated Charities Organization aforesaid. Said payments of income shall be made on the 1st day of each September after my decease.
Item two. To make more specific the language of item one of my first
Page 580
codicil to my said will of date July 22, 1909, I hereby revoke, cancel and annul item thirteen of my said will of said date for the reasons mentioned in said item one of said codicil, they being that since the making of said will I have conveyed to the devisees mentioned in said item thirteen, all of my interest in the property mentioned in said item.
Item three. I hereby revoke, cancel, abbrogate and set aside item eighteen of my will of date July 22, 1909, and in lieu thereof provide as follows:
All the residue of said trust funds and of my estate I give, devise and bequeath as follows:
The full one fourth part thereof to Stanley Joseph, Julius Joseph Jr., and Richard Joseph, children of Julius Joseph, a son of my brother Solomon Joseph, said named devisees to have and own said one fourth part of such residue share and share alike; the Jachiel W. Joseph, son of my brother Jonas Joseph, the full one fourth of such residue, To Henry G. Joseph, son of my said brother, the full one fourth part of said residue; to Fannie Joseph, daughter of my brother Harry Joseph, the full one eighth part of said residue and to Rosa Joseph, daughter of my said brother Harry Joseph, the other full one eighth part of said residue. This item in this codicil shall be enforced as written, in lieu and instead of said item eighteen of my said will of date July 22, 1909, to the same extent as if the same had been said item number eighteen in said will, and had been written therein in the place of that which is, and which composes, said item eighteen.
Item four. In addition to the charity devise, mentioned in items seven, eight and nine of my will of July 22, 1909, I hereby give will and devise unto National Jewish Hospital of Denver, Colorado, the sum of Five Hundred ($500.00) Dollars, the same to be paid to the proper persons in control of said hospital, by my executors, within one year after my decease, said sum to be used and expended for the benefit of said institution, and the support thereof. And I also give, will, devise and bequeath unto Jewish Federation of Indianapolis an institution of the state of Indiana, the sum of five Hundred ($500.00) Dollars the same to be and become a part of a sinnking fund of said institution, and to be paid to the proper persons in control of said institution, by my executors within one year after my decease.
IN WITNESS WHEREOF, the said Julius Joseph has hereunto set his hand and seal this the 12th day of October, 1917.
Julius Joseph (SEAL)
The foregoing codicil was signed by the said testator, Julius Joseph and acknowledged by him to be his codicil to his said will of date July 22, 1909, in our presence, and we now at his request, and in his presence and in the presence of each other, hereby attest his said signature to said codicil.
Dated this 12th day of October, 1917.
Louis Todd
Ed. K. Adams
Page 581
State of Indiana, Shelby County, ss.
Be it remembered that on the 10" day of June, A. D., 1921, the 23 judicial day of the May Term, of the Shelby Circuuit Court in said year, come into open court Jonas Joseph and Albert Kahn and produces in court an instrument in writing purporting to be codicil no. 2 to last will and testament of Julius Joseph, deceased, will dated July 22, 1909, and now moves the admittance thereto to probate and record, and in proof of said codicil introduces Ed. K. Adams, one of the subscribing witnesses thereto, who being duly sworn by the clerk of said Court on oath, declare and testify as follows, that it to say: That on Oct. 12, 1917, he saw the said Julius Joseph sign his name to said instrument in writing as and for his codicil No. 2 to his last will and testament; and that this deponent, at the same time, heard the said Julius Joseph declare the said instrument in writing to be his second codicil to his last will and testament and that the said instrument in writing was, at the same time, at the request of the said Julius Joseph and with his consent attested and subscribed by the said Ed K. Adams and Louis Todd in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, that the said Julius Joseph 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.
Ed. K. Adams.
Sworn to and subscribed by the said Ed. K. Adams, before me Gordon Thurston, Clerk of said Court, at Shelbyville Indiana the 10" day of June, 1921.
Gordon Thurston, Clerk
Whereupon it is ordered, adjudged and decreed by the Court that said instrument in writing purporting to be the second codicil to the last will of Julius Joseph, deceased, is the second codicil to the last will and testament of Julius Joseph, deceased, and is hereby admitted to probate and record in this court.
Gordon Thurston, Clerk
State of Indiana, Shelby County, ss:
I, Gordon Thuston, Clerk of the Circuit Court of Shelby county, Indiana, do hereby certify that the second codicil to the within annexed Will and Testament of Julius Joseph has been duly admitted to probate, and duly proved by the testimony of Ed. K. Adams, one of the subscribing witnesses thereto, that a complete record of the second codicil to said will, and of the tesitmony of the said Ed K. Adams in proof thereof, has been by me duly made and recorded in book 7 at pages 579, 580, 581 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 10" day
of June, 1921.
Gordon Thurston, Clerk
Circuit Court, Shelby County
Page 582
Third Codicil to Will of Julius Joseph.
I, Julius Joseph, of the City of Shelbyville, in Shelby County, Indiana, hereby make and publish this as a codicil to and modification of my last will and testament, signed and executed by me on the 22nd day of July, 1909, and attested by Louis Hoover and Ed. K. Adams, and also make and publish this codicil to and modification of the first codicil made by me to said will, dated the 26th day of July, 1912, and witnessed by K. M. Hord and Louis Hoover, this codicil being as follows:
Item one. By reason of the fact that my neice, Fannie Joseph, mentioned in Item eighteen
of my will of date July 22, 1909, has since the execution of said will departed this life, I hereby revoke that part of said item eighteen, which gave to said Fannie Joseph, the one eighth part of my residuary estate mentioned in said item, and instead thereof I hereby give, devise and bequeath unto Rosa Joseph, daughter of my brother, Harry Joseph, the one eighth part of my residuary estate, which in said item eighteen I had devised to said Fannie Joseph, it being my will, purpose and intent by said remaining part of said item eighteen and this codicil to give said Rosa Joseph the full one fourth part of the residuary estate bequeathed in said item eighteen and all of the residue of said item eighteen except as herein modified shall be in full force and effect as to the devisees made therein.
Item two. I hereby revoke, set aside and annul Item twelve of my said will of date July the 22nd 1909, and in lieu and instead thereof I hereby state that I now own but fifty shares of stock in the "Harry Joseph Clothing Company" of Evansville, Indiana, and I now hereby give, devise and bequeath unto Rosa Joseph, my niece, twenty five shares of said stock, to be hers absolutely, and I hereby give, devise and bequeath the other twenty-five shares of said stock which I now own, to the children of my nephew, Mark Joseph, towit: Mary Joseph, Flora L. Joseph, Harry Joseph and Caroline Joseph, they to have and own said twenty five shares, absolutely, and in equal proportions and share and share alike.
Item three. Whereas in and by the provisions of item number two of the first codicil which I made to my foregoing mentioned will, said first codicil bearing date of 26th day of July, 1912, I devised to my nephew, Henry G. Joseph, forty-five shares of the capital stock of the Root Furniture Company (since re-named the Albert Furniture Company) upon certain conditions mentioned in said item two, and
Whereas since said time I have transferred and conveyed unto said Henry G. Joseph, in a proper legal manner, all of said forty-five shares of stock in said Albert Furniture Company, and he and I have by written contract stipulated all of the conditions of said transfer, and all of his obligations by reason thereof -
Now therefore, by reason of the premises, I hereby revoke, annul, set aside and declare of no force, each and all of the provisions of said item two in my said codicil of date July the 26, 1912.
In witness whereof I have herunto set my hand and seal this the
Page 583
19th day of May, 1919.
Julius Joseph (SEAL:)
The foregoing codicil to the original will of said Julius Joseph and to the codicil referred to hereinabove, was signed by the said testator, Julius Joseph, in our presence, and we now at the same time and in his presence and in the presence of each other and at his request, hereby attest this said signature to said codicil, this the 19th day of May, 1919.
Louis Todd (SEAL)
Ed. K. Adams (SEAL)
State of Indiana, Shelby County, ss:
Be it remembered that on the 10" day of June, A. D., 1921, the 23 judicial day of the May Term of the Shelby Circuit Court in said year, come into open Court Jonas Joseph and Albert Kahn and produces in court an instrument in writing purporting to be the third codicil to the last will and testament of Julius Joseph, deceased, will dated July 22, 1909, and now moves the admittance thereof to probate and record, and in proof of said codicil introduces Ed. K. Adams, one of the subscribing witnessess thereto, who being duly sworn by the Clerk of said Court, on oath, declares and testifies as follows, that is to say: That on May 19, 1919, he saw the said Julius Joseph sign his hand to said instrument in writing as and for the third codicil to his last will and testament; and that this deponent, at the same time, heard the said Julius Joseph declare the said instrument in writing to be the third codicil to his last will and testament, and that the said instrument in writing was, at the same time, at the request of the said Julius Joseph and with his consent, attested and subscribed by the said Ed. K. Adams, and Louis Todd, in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said Julius Joseph 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.
Ed. K. Adams
Sworn to and subscribed by the said Ed. K. Adams, before me Gordong Thurston, Clerk of said court, at Shelbyville, Indiana, the 10" day of June, 1921,
Gordon Thurston
Clerk.
Whereupon it is ordered, adjudged and decreed by the Court that said instrument in writing purporting to be the third codicil to the last will of Julius Joseph deceased, is the third codicil to the last will and testament of Julius Joseph deceased, and is hereby admitted to probate and record in this Court.
Gordon Thurston,
Clerk.
State of Indiana, Shelby County, ss:
I, Gordon Thurston, Clerk of the Circuit Court of Shelby County, Indiana, do hereby certify that the third codicil to the within annexed will and testament of
Page 584
Julius Joseph has been duly admitted to probate, and duly proved by the testimony of Ed. K. Adams, one of the subscribing witnesses thereto, that a complete record of the said third codicil to said will, and of the testimony of the said Ed. K. Adams, in proof thereof has been by me duly made and recorded in book 7 at pages 582, 583 and 584 of the record of wills of said County.
IN ATTESTATION WHEREOF, I have hereunto subscrobed my name
and affixed the seal of said Court at Shelbyville Indiana, this 10" day
of June, 1921.
(SEAL) Gordon Thurston, Clerk
Circuit Court, Shelby County.
ELECTION OF WIDOW
.
State of Indiana, In the Shelby Circuit Court
County of Shelby, SS:
In the Matter of the
Estate of Julius Joseph Election by Widow to take
deceased. under the law.
Comes now Millie K. Joseph, widow of Julius Joseph, deceased, and hereby renounces here right under the will of Julius Joseph, deceased, and the provisions therein made for her and hereby elects to retain the right to one-third of the land of her late husband and one-third of the personal estate of her late husband, subject to its share of the indebtedness of said estate and Five Hundred ($500.00) Dollars, as provided by law.
Millie K. Joseph.
Signed and acknowledged before me the undersigned, a Notary Public, in and for said county and state this 1st day of September, 1921.
(SEAL)
John H. Boyle
My Commission expires Notary Public
Jan. 17, 1924.
Copied by Antoinette Waughtel Sorensen
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