Last Will and Testament
of
Landa H. Clayton
I, Landa H. Clayton, of Shelby County, Indiana, and being of sound and
disposing mind and memory, do make and publish this as and for my last will
and testament:
Item 1. It is my will that all my just debts and funeral expenses be paid
out of my estate.
Item 2. It is my will that my remains shall be buried in the Landon Cemetery
by the side of my second wife.
Item 3. I will and devise to my second daughter the undivided one half part
in value of the North West Quarter of the South West Quarter of Section
Thirty (30) in Township Fourteen North in Range seven East in Van Buren
Township in Shelby County, Indiana, and I will and devise to my
grandchildren, Guy Moore, Roy Moore and Irene Moore, each, the undivided one
sixth part in value of the above described real estate.
Item 4. I will and devise to each of my children, William Clayton, Mary A.
Zell and Ernest Clayton the undivided one fourth part in value of the
following described real estate in Moral Township in Shelby County, Indiana,
towit: The East Half of the North West Quarter of Section Twenty eight in
Township North in Range Six East and the North East Quarter of the South West
Quarter of said section 28 and I will and devise to my grandchildren, Guy
Moore, Roy Moore and Irene Moore, each, the undivided one one hundred
twentieth (1/120) part in value of said above described real estate.
I state that I do not give my said sons, William Clayton and Ernest Clayton
more for the reason that I have heretofore deeded them forty acres of land.
Item 5. I will all the residue of my property to my six children and grand
children named in Item 5 above in the same proportions as the lands given
them in said Item 4 is given them, that is to each of said children I give
the one fourth of said residue and to each of said grand children I give the
one twelfth of said residue.
Item 6. It is my will that my wife, Louisa Clayton, shall take and have no
part of my property and estate for the reason that on the 4th day of May,
1914, my said wife and I entered into a post nuptial agreement and by the
terms of which I made settlement with her for all her rights in my estate.
Item 7. I hereby nominate and appoint Eden H. D. Young as executor of this
will.
In testimony whereof I hereunto set my hand and seal this September 30,
1919.
Landa H. Clayton
Signed, sealed, published and acknowledged by the said Landa H. Clayton as
and for his last will and testament in our presence, who, in his presence and
in the presence of each other and at his request have susbscribed our names
as witnesses thereto:
James C. Campbell
Elmer Basset
State of Indiana, Shelby County, SS:
Be it remembered that on the 12th day of November A. D. 1919 the 33rd judicial day of the October Term of the Shelby Circuit Court in said year,
come into open Court Elmer Bassett and produces in Court an instrument in
writing purporting to be the last Will and Testament of Landa H. Clayton,
deceased, and now moves the admittance thereof to probate and record, and in
proof of said Will introduces Elmer Bassett 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 30th day of September,
1919 he saw the said Landa H. Clayton 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 Landa H. Clayton declare the said instrument in
writing was, at the same time, at the request of said Landa H. Clayton, and
with his consent attested and subscribed by the said Elmer Bassett and James
C. Campbell in the presence of said testator, and in the presence of each
other as subscribing witnesses thereto, and said that the said Landa H.
Clayton, was, at the time of the signing and subscribing of said instrument,
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.
Elmer Bassett
Sworn to and subscribed by the said Elmer Bassett before me
Gordon Thurston Clerk of
Said Court, at Shelbyville, Indiana the 12th day of November 1919.
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 Landa H.Clayton
deceased is the last Will and Testament of Landa H. Clayton deceased, and is
hereby admitted to probate and record in this Court.
Gordon Thurston, Clerk
I, Gordon Thurston, Clerk of the Circuit Court of Shelby County,
Indiana, do hereby certify that the within annexed Will and Testament of
Landa H. Clayton has been duly admitted to probate, and duly proved by the
testimony of Elmer Bassett one of the subscribing witnesses thereto, that a
complete record of said Will, and of the testimony of the said Elmer Bassett
in proof thereof, has been by me duly made and recorded in Book 7 at Pages
443 & 444 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 12th day of November
1919.
Gordon Thurston Clerk Circuit Court Shelby
Transcribed by Pat Lorentzen
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