Last  Will  and  Testament
of
Lydia  M.  McCarty


          I  Lydia M. McCarty  of Shelby County, in the State of Indiana being of sound mind and disposing memory do make and declare this to be my last Will and Testament and I hereby revoke any and all Wills by me heretofore made.

          Item 1.  It is my Will and I hereby direct my Executor hereinafter named to sell and convert into money all of the livestock of which I may die possess and from the same and other funds in my Estate I direct that they pay all of my debts and funeral expenses as soon after my death as possible.

          Item 2.  I will devise and bequeath to my two sons  Isaac McCarty  and  Floyd McCarty  my home farm in Shelby County Indiana, absolutely and in fee simple except that they shall pay to my three daughters  Stella McCarty,  Vernie McCarty  and  Unice McCarty jointly the sum of One thousand ($1,000) Dollars, and I make the same a lien upon said farm for that amount, the same to be paid within one year after my death.

          Item 3.  I will, devise and bequeath to my three daughters  Stella McCarty,  Vernie McCarty  and  Unice McCarty the sum of One Thousand ($1000.00) Dollars and the same being the money referred to at #2, above of this Will and I further Will, devise and bequeath to my said three daughters above named and my daughter  Flora Cochran  all of the furniture, fixtures, dining room sets and Kitchen furniture of which I may died possessed to be divided among them equally share and share alike.  It is clearly understood that said money is to be paid to my three daughters above named by my two sons in lieu of their getting my home farm. 

          Item 4.  After complying with the items from One to Three of this Will inclusive, the balance of my estate after the payment of the costs and expenses of settlement thereof, I will, devise and bequeath to my Eight children Viz;  Henry McCarty,  Charles McCarty,  Flora Cochran,  Isaac McCarty,  Floyd McCarty,  Stella McCarty,  Vernie McCarty  and  Unice McCarty to be divided among them equally, share and share alike.  If any of my said children aboved named shall die before my death I desire that my remaining children living at the time of my death take the interest herein devised to said child or children, if deceased. 

          Item 5.  I hereby nominate and appoint my two sons Isaac McCarty and Floyd McCarty as the executors of this my last Will and Testament.

          In Witness Whereof I have hereunto placed my name and seal this 9" day of April A.D. 1912.

Lydia McCarty   ( SEAL )


          The above named Will was signed, sealed and declared by the above named Lydia M. McCarty to be her last Will and Testament in our presence as witnesses, and signed by us as witnesses upon her request and in her presence and in the presence of each other. This April 9" 1912. Henry Schoelch 

Thomas H. Campbell

State of Indiana, Shelby County SS:
          Be It remembered that on the 1st day of March A.D. 1913 the 24 Judicial day of the February Term of the Shelby Circuit Court in said year come into open Court Henry Schoelch and produces in Court an instrument in writing purporting to be the last Will and Testament of Lydia McCarty deceased and now moves the admittance thereof to probate and record and in proof of said Will introudces Henry Schoelch 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 the 9" day of April 1912 he saw the said Lydia McCarty sign her name to said instrument in writing as and for her last Will and Testament and that this deponent at the same time heard the said Lydia McCarty declare the said intrument in writing to be her last Will and Testament and that the said instrument in writing was at the same time at the request of the said Henry Schoelch and Thomas H. Campbell in the presence of said testator, and in the presence of each other as subscribing witnesses thereto, and that the said Lydia McCarty 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.

Henry Schoelch     

          Sworn to and subscribed by the said Henry Schoelch before me Otto L. Coyle Clerk of said Court at Shelbyville Indiana the 1st day of March 1913. 

Otto L. Coyle   Clerk

          Whereupon it is ordered adjudged and decreed by the Court that said instrument in writing purporting to be the last Will of Lydia McCarty deceased is the last Will and Testament of Lydia McCarty deceased and is hereby admitted to probate and record in this Court.

( SEAL )            Otto L. Coyle Clerk


State of Indiana, Shelby County SS:
          I Otto L. Coyle Clerk of the Circuit Court of Shelby County, Indiana do hereby certify that the within annexed Will and Testament of Lydia McCarty has been duly admitted to probate and duly proved by the testimony of Henry Schoelch one of the subscribing witnesses thereto that a complete record of said Will and of the testimony of the said Henry Schoelch in proof thereof has been by me duly made and recorded in Book 6 at pages 268-269 and 270 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 Ist day of March 1913.

( SEAL )            Otto L. Coyle Clerk 
Circuit Court Shelby County

Transcribed by Barb Huff

 Will Index       Main Page