Page 125
Last Will and Testament
of
Lemuel S. Gatewood, Deceased.
County of Shelby, State of Indiana
Book 7 ~ Pages 125 & 126
8 May 1916
I, Lemuel S. Gatewood, of the County of Shelby and State of Indiana hereby make and publish this, my last will and testament.
Item 1. I direct that all of my just debts, funeral expenses and costs and expenses of administration except a mortgage to the School Fund of Shelby County, Indiana, shall be paid out of my person property if the same is sufficient.
Item 2. I will and devise to my grand-son Russell Booher the sum of five hundred dollars ($500.00) as a special bequest to be made a charge upon my real estate.
Item 3. I will, devise and bequeath all the residue of my property, both real and personal, to my five children, John Gatewood, James Gatewood, George Gatewood, Bessie Gordon and Thomas Gatewood, share and share alike, except my son, John shall be charged with the amount of a note now in the hands of Hord and Adams for collection upon which I am surety which shall be taken from his interest in my estate, provided further that all of my said residuary legatees shall pay and discharge a certain school fund mortgage on my real estate paying the same in equal proportions, it being my desire to avoid a compulsary judicial sale of my real estate, thereby saving the costs and expense of the same to my children.
Item 4. If my grandson, Russell Booher, named herein, shall die before he arrives at the age of twenty-one years, then I will, devise and bequeath the special bequest herein made to him to be divided in equal proportions among my children, it being my desire that he shall not receive the benefit of said bequest until he shall arrive at the age of twenty-one years.
Item 5. I hereby nominate and appoint my son Thomas Gatewood as executor of this will to carry out the provisions thereof.
In Witness Whereof, I have hereunto set my hand and seal this June 15th 1915.
/s/ Lemuel S. Gatewood { SEAL }
Signed by the above named Lemuel S. Gatewood in our presence and acknowledged by him to be his last will and testament and signed by us as attesting witnesses at his request in his presence and in the presence of each other this 15th day of June, 1915.
/s/ K. M. Hord
/s/ Herbert C. Jones
State of Indiana, Shelby County SS:
Be it Remembered, That on the 8th day of May 1916 Kendall M. Hord one of the subscribing witnesses to the within and foregoing last Will and Testament of Lemuel S. Gatewood late of said County, deceased, personally appeared before Cecil B. Collins, 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 15th June 1915 he saw the said Lemuel S. Gatewood 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 Lemuel S. Gatewood 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 Lemuel S. Gatewood and with his consent attested and subscribed by the said K. M. Hord & Herbert C. Jones in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said Lemuel S. Gatewood 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.
/s/ Kendall M. Hord
Sworn to and subscribed by the said Kendall M. Hord before me, Cecil B. Collins Clerk of said Court, at Shelbyville, the 8th day of May 1916.
Page 126
IN ATTESTATION WHEREOF, I have hereunto subscribed my name, and affixed the seal of said Court.
/s/ Cecil B. Collins Clerk Shelby Circuit Court
State of Indiana, Shelby County, SS:
I, Cecil B. Collins Clerk of the circuit Court of Shelby County, Indiana, do hereby certify that the within annexed Will and Testament of Lemuel S. Gatewood has been duly admitted to probate, and duly proved by the testimony of Kendall M. Hord one of the subscribing witnesses thereto, that a complete record of said Will, and of the testimony of the said Kendall M. Hord in proof thereof, has been by me duly made and recorded in Book 7 at Pages 125 & 126 of the record of Wills of said County.
/s/ Cecil B. Collins
Clerk Circuit Court, Shelby County
Submitted by Antoinette Waughtel Sorensen
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