Will  and  Testament
of
Henry  Lemasters  Sr.


In the name of the Eternal Father of all, I  Henry Lemasters Sen.  of Shelby County and state of Indiana being of lawful age and of sound mind and memory do make and publish this my last will and testament

1st    I devise bequeath and will all my property, real and personal chares in action and property of whatsoever kind I have and hold to my beloved wife  Susan Lemasters  to have and to hold to use and enjoy during her widowhood and during her natural life if she shall so long remain my widow Susan Lemaster
but in case  she shall marry another man I then devise my property aforementioned equally to my eleven children if living viz:   John Lemaster   Samuel Lemasters   Sauvire Thompson  alias  Sauvire  Lemasters   Lewis Lemasters   Edward Lemasters  Henry Lemasters   William Lemasters   Marshall D Lemasters  Arminta Fenn  alias  Arminta Lemasters,   Jacob Lemasters  and  James Otis Lemasters  and to  the descendants of any who may be dead but before said equal division is made.
        I give to my said son  Jacob  and  James Otis Lemasters  One thousand dollars each in money and other personal property of the kinds and value, not already received by my other nine children above mentioned

2nd    I request my dear wife  Susan  to first pay all my just debts

3rd    I request that my dear wife  Susan  care for, keep up, maintain and keep in as good condition as the same now is all the buildings and improvements now situate, and on the land by us conveyed by warranty deed of November 29" 1877 to our two sons  Jacob Lemasters  James Otis Lemasters  wherein we reserved the use and control of said lands therein mentioned during each of our naturel[sic] lives, as long as she may live.

4th    I request that my dear wife  Susan  care for  raise up  send to school and educate our two minor sons  Jacob  and  James Otis Lemasters; and that she give them such an education as she in her said discresion[sic] shall deem proper and right, she being the sole Judge as to the education they shall receive.

5th    As I have already given to all my children respectively, save the two last named the following property as an advancement to them of my estate upon final settlement, and they having accepted the same as such advancement, towit:  to each one two horses, one saddle, bridle and halter, one cow, six head of sheep, one freedan suit, household and kitchen furniture of the value of $50.00 and Bed and bedding of the value of = 75.00
and mony[sic] to the value or sum of $100.00 and all the above enumerated articles of the aggregate value of $1534
or an equivolent[sic] of the above articles or any of them in money
I therefore request my dear wife to give to each of my two sons Jacob and James Otis Lemasters any or all the property of like kinds and value above mentioned in this clause of my will, or its such parts as she in her Judgment believes they require it and aught to have the same and I request further that she charge each of them with each article of property for with so much money therefor mentioned in this clause above when given them as an advancement to them of my estate upon final settlement and said property, thus given and named herein shall be and include all the property referred to in the first clause of this will, in the property of the kinds and value now already received by my other nine children above mentioned.  and when the two last  named sons shall have received all property in this clause mentioned or its equivolent thereof in money, and the one thousand dollars each as provided for, in clause one herein, then, my eleven named children shall receive the remainder of all my property equally at the marriage of my widow Susan and in case she shall not marry again then at her death they shall have the same

6th    I request my dear wife in case she shall marry another man and the distribution be made of my property as above provided, to receive the One thousand dollars each provided for my two sons Jacob and James Otis Lemasters  and hold the same for them until they shall have arrived at the ages respectively of twenty one years at which time I request she pay said sums of money to each of them and in case she shall not marry again then I request likewise that she do not pay to them said sums of money untill[sic] they have arrived at said ages respectiveli[sic]

7th    I request my dear wife to set apart and alot the sum of fifteen hundred dollars in money belonging to me and hereby bequeathed to her to be used in paying and defraying all expences[sic] of the last sickness funeral expences and to pay for the purchase of tombstones for te graves of myslef and my dear wife Susan and I request that mywife use such a portion of said sum of 1,500$ as may be required to defray the expences of my last sicknesses and funeral expense:  and that she use such other portion of said sum of money for the purchase of Tombstones for the grave of myself, as she desires, and as she in her judgment deems proper and right

8th    I hereby revoke any and all former will here to for made by me

9th    I request that my executor do not be required to gaive[sic] any bond, nor to file any inventory of my property

10    I hereby nominate and appoint my dear wife Susan Lemaster sole executor of this my last will and testament


                In witness whereof I hereunto set my hand and seal this 10" day of December A.D. 1877
Henry Lemasters {{seal}}

We the undersigned witnesses in the presence of the testator herein, and at his special instance and request, and in the presence of each other do hereby witness and attest the signiture[sic] and singning[sic] of the will herein by the testator thereof and do hereby sign the same as said attestor witness in the presence of each other this 10" day of December AD. 1877
Robert Caudell {{seal}}
David L. Wilson {{sea;}}

The state of Indiana Shelby County ss:
        Be it remembered that on the 26" day of July 1894 David L Wilson one of the subscribing witnesses to the within and foregoing last will and testament of Henry Lemasters late of said county, deceased personally appeared before John R. Sedgwick clerk of the Circuit court of Shelby County in the state of indiana and being duly sworn by the clerk of said court upon this oath declared and testified as follows that is to say that on the 10" day of December 1877 he saw the said Henry Lemasters Sr 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 Henry Lemasters Sr 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 Henry Lemasters Sr and with is consent  attested and subscribed by the said David L Wilson & Robert Caudell in the presence of each other as subscribing witnesses thereto, and that the said Henry Lemasters Sr was, at the time of the signing 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
David L. Wilson        

Sworn to and subscribed by the said David L Wilson before me John R. Sedgwick clerk of said court at shelbyville the 26" day of July 1877
John R. Sedgwick clerk    

                    In attestation whereof I have hereunto subscribed my name and affixed the seal of said court
John R. Sedgwick    

State of Indiana  Shelby county ss:
                    I John R. Sedgwick clerk of Circuit Court of shelby county Indiana do hereby certify that within annexed will and testament of Henry Lemasters Sr has been duly admitted to probate and duly proved by the testimony of David L Wilson one of the subscribing witnesses thereto that a complete record of said will and of the testimony of the said David L Wilson in proof thereof has been by me duly made and recorded in Book 3 at page  [170, 171, 172, 173 and 174]  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 26" day of July 1894
John R. Sedgwick                                
Clerk Circuit Court Shelby County

Transcribed by Phyllis Miller Fleming

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