Last  Will  and  Testament  of

 Lydia  Stewart

           I,  Lydia Stewart, being of sound mind and disposing memory, do make this, my last Will
and Testament. and

Item One.  It is my will that all of my just debts and burial expenses shall be paid out of my estate.

Item 2.  It is my will and I hereby direct that all of the land of which I may die possessedshall be sold and the proceeds thereof reduced to cash by the executer of my last Will andmy said executer is hereby given the power to executer a deed or deeds of  canveyance said lands to the purchaser or purchasers thereof.

Item 3.  I hereby give and will to my beloved son Riely Stewart the sum of Ten Dollars.  I state that I do not give my said son an equal share with my other children hereinafter named for the reason that all of the property which I have I held by vertie of the Last Will of My deceased husband  Solomon Steward, and that in his life time he gave to my said son more than an equal share in his other children hereinafter named, and more than I will give my other children by this will.

Item 4.  It is my will and I hereby will, devise and bequeath to my beloved daughters,  Nancy Ellen Huffman,  Louisa Anna Hahn,  Emma Caroline Oldham,  Rachel Viola Alexander,  Martha Lydia Huffman,  Meg Nela Arnold,  Dereatha Armstrong,  Mary Olive Malery;  and  Millie Tillesen  all of the residue of my property after the payment of my debts and the bequest at number three of this will, share and share alike, but it is my will that, whereas my deceased husband, Solomon Stewart, at the time of this death held certain notes of my said daughters for sums of money advanced to them by him that said notes shall be considered and treated as advancements made to them by me and that the said notes shall be deducted from the bequest to my said daughters, respectively.

Item 5.  I hereby nominate and appoint Milton M. Wells as executer of this my last Will and Testament.

        In witness whereof I hereunto set my hand and seal this 10th day of January 1917.                                                                                                                                        

Witness to Mark                                  Lydia     X    Stewart    ( SEAL )
           Elmer Bassett                                        mark                              

          Signed, sealed and acknowledged by said Lydia Stewart as her last will and testament in our presence and signed by us at here request as attesting witnesses in her presence andin thepresence of each other this January 10th, 1917.                                                                  

Elmer Bassett
Walter Bassett

           Be it remembered that on the 8th day of February, A. D., 1917, the 34th judicial day of the January Term of the Shelby Circuit Court in said year, came into open court Milton W. Wells and preduces in court an instrument in writing purperting to be the last Will and Testament of Lydia Stewart, deceased, and now moves the admit  ?? thereof to probate and record, in proof of said Will introduces Elmer Bassett and Walter Bassett the subscribing witnesses thereto, who being duly sworn by the Clerk of said Court, on oath, declare and testafy as follows, that is to say:  That on the 10th day of January, 1917 hesaw the said Lydia Stewart sign her name to said instrument in writing and as for her LastWill and Testament, and that the said instrument in writing was, at the same time at the request of said Lydia Stewart and with her consent attested and subscribed by the said Elmer Bassett and Walter Bassett in the presence of said testater, and in the presence of each other, as subscribing witnesses thereto, and that the said Lydia Stewart was, at thetime of the signing and subscribing of said instrument in writing as aforesaid, of full age(that is, more than twenty one years if age) and of sound and disposing mind and memory, and not under any coercien or restraint, as the said deponent verily believes, and further deponent says met.                                                                        

Elmer Bassett

        Sworn to and subscribed by the said Elmer Bassett and Walter Bassett before me Cecil B. Collins, Clerk of said Court, at Shelby county, Indiana the 8th day of February, 1917.

Cecil B. Collins, Clerk.

        Whereupon it is ordered, adjudged and decreed by the court that said instrument in writing purporting to be the last will of Lydia Stewart, deceased, is the Last will and Testament of Lydia Stewart, deceased, and is herevy admitted to probate in this Court.                                                                         

Cecil B. Collins, Clerk.

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  Lydia Stewart has been duly admitted to probate and record and duly proved by the testmony of  Elmer Bassett and Walter Bassett the subscribing witness thereto, that a complete record of said will, and ofthe testimony of the said Elmer Bassett and Walter Bassett in proof thereof, has been by me duly made and recorded in Book 7 at pages 198 and 199, 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 8th day of February, 1917.

Cecil B. Collins, Clerk.
Circuit Court, Shelby County

For information on this family and pictures of family headstones, please contact Joni Oct Curtis
Transcribed by Jeanette Crane

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