Last Will
and Testament
of
Martin Bird
I, Martin Bird of Rush County, Indiana , being of sound and disposing mind and memory do hereby make Publish and declare this my last Will and Testament and revoke all former wills by me made.
Item I. I direct that my body be decently buried and the expenses of my funeral and all of my just debts be paid by my Executor out of the first monies that may come into his hands.
Item II. I authorize and direct my Executor to sell at public or private sale, at such time and upon such notice and terms of sale as he shall deem best, all my real estate of every description whatever and wherever situate, as a whole or in parcels and out of the proceeds thereof, together with other funds coming into his possession as Executor. I hereby bequeath unto my daughter Maggie Louden, and direct my Executor to pay unto her, the sum of One Thousand Dollars ($1000.000) and divide the remaining property in his hands after such payment to my daughter, Maggie Louden, into six equal parts, which he shall distribute as follows.
One part to my daughter Maggie Louden.
One part to the children of my son John Bird, deceased, or the survivors of them;
One part to the children of my son Jacob Bird, deceased, or the survivors of them;
One part to the children of my daughter Mary Dewester, deceased, of the survivors of them;
One part to Harry Kuntz, child of my daughter Caroline Kuntz, deceased.
One part to the children of my son Frederick Bird, deceased, Viz: Roy Bird and Ray Bird or the survivors of them; provided however that in the event they both survive me, said share shall be divided between them so that Roy Bird shall receive Two Hundred Dollars ($200.00) more than Ray Bird.
Item III. I hereby appoint Thomas K. Mull of Rush County, Indiana Executor of this my last Will and Testament.
In Witness Whereof, I have hereunto set my hand and seal in the presence of Samuel Kennedy and Geo. F. Mull, and have requested them in my presence to attest and subscribe the same as my last Will and Testament this 27th day of January 1906.
Martin Bird ( SEAL )
Signed, sealed and declared by the above named Martin Bird in our presence to be his last Will and Testament and at his request and in his presence and in the presence of each other attested and subscribed by us as attesting witnesses this 27th day of January 1906.
Attesting Witnesses Samuel Kennedy
Geo. F. Mull
State of Indiana Shelby County SS
Be It Remembered, that on the 16th day of September A.D. 1914, the 9th Judicial day of the September Term of the Shelby Circuit Court in said year, came into open Court, Thomas K. Mull, and produces in Court an instrument in writing purporting to be the last Will and Testament of Martin Bird, deceased, and now moves the admittance thereof to probate and record an in proof of said Will introduced Samuel Kennedy and Geo. F. Mull, 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 27th day of January 1906, they saw the said Martin Bird, sign his name to said instrument in writing as an for his last Will and Testament and that this deponent, at the same time heard the said Martin Bird declare the said instrument in writing to be his last Will and Testament and that said instrument in writing was, at the same time, at the request of the said Martin Bird and with his consent attested and subscribed by the said Samuel Kennedy and George F. Mull in the presence of said testator and in the presence of each other as subscribing witnesses thereto and that the said Martin Bird 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.
Samuel Kennedy
Geo. F. Mull
Sworn to and subscribed by the said Samuel Kennedy and George F. Mull before me a Notary Public, of said County at Shelbyville Indiana the 16th day of September 1914.
My Comm. Ex. April 16, 1917 ( SEAL ) K.M. Hord Notary Public
Whereupon it is ordered and decreed by the Court that said instrument in writing purporting to be the last Will of Martin Bird, deceased, is the last Will and Testament of Martin Bird deceased, and is hereby admitted to probate and record in this Court.
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 annex Will and Testament of Martin Bird, has been duly admitted to probate, and duly proved by the testimony of Geo. F. Mull one of the subscribing witnesses thereto that a complete record of said Will and of the testimony of the dais George F. Mull, in proof thereof has been by me duly made and recorded in Book 6 at pages 492-493-494 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 16th day of September 1914.
( SEAL ) Otto L. Coyle Clerk
Circuit Court Shelby County
CODICIL
I Martin Bird of Shelby County Indiana being of sound and disposing mind and memory and having heretofore executed my last Will and Testament bearing date of January 27th 1906, do make and publish this a codicil thereto. I hereby give and bequeath absolutely unto my daughter Maggie Louden the share by me bequeathed in my last Will and Testament to Harry Kuntz, son of my daughter Caroline Kuntz, since Harry Kuntz having died. But this bequest shall not reduce the interest by me bequeathed unto my daughter Maggie Louden, in my said last Will and Testament and shall not be in payment satisfaction or release or lien of any claims held or assisted by Maggie Louden against me or my estate.
In all other respects I reaffirm the provisions of my said last Will and Testament.
Witness my hand and seal this 31st day of May 1913.
Martin Bird
Signed, sealed and declared by the said Martin Bird to be his Codicil to his last Will and Testament and we at his request and in his presence and in the presence of each other subscribed same as attesting Witnesses, this 31st day of May 1913.
Geo. F. Mull
Geo. Blackburn
State of Indiana, Shelby County SS
Be It Remembered that in the 16th day of September A.D. 1914 the 9th Judicial day of the September Term of the Shelby Circuit Court in said year, came into open Court, Thomas K. Mull and produces in Court an instrument in writing purporting to be a codicil to the last Will and testament of Martin Bird, deceased and now moves the admittance thereof to probate and record and in proof of said Will introduces George F. Mull one of 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 31st day of May 1913 he saw the said Martin Bird sign his name to said instrument in writing as and for his codicil to his last Will and Testament which will bear date January 27, 1906, and that this deponent at the same time, heard the said Martin Bird, declare the said instrument in writing to be his codicil to his said last Will and Testament, and that the said instrument in writing towit, said codicil was at the same time at the request of the said Martin Bird, and with his consent attested and subscribed by the said George F. Mull and George W. Blackburn as Geo, Blackburn in the presence of said testator and in the presence of each other as subscribing Witnesses thereto and that the said Martin Bird was at the time of the signing and subscribing of said instrument in writing as aforesaid towit said codicil, 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.
Geo. F. Mull
Sworn to and subscribed by the said George F. Mull before me a Notary Public of said County at Shelbyville Indiana the 16th day of September 1914.
( SEAL ) K.M. Hord
Comm. Ex. Apr 16, 1914 Notary Public
Whereupon it is ordered, adjudged and decreed by the Court that said instrument in writing purporting to be the Codicil to the last Will of Martin Bird deceased is the Codicil to the last Will and Testament of Martin Bird, deceased, and is hereby admitted to probate and record in this Court.
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 Codicil to the annexed Will and Testament of Martin Bird has been duly admitted to probate and duly proven by the testimony of Geo. F. Mull, one of the subscribing witnesses thereto, that a complete record of said Codicil to said Will and of the testimony of the said Geo. F. Mull in proof thereof has been by me duly made and recorded in Book 6 at pages 494-495-496 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 16th day of September 1914.
( SEAL ) Otto L. Coyle Clerk
Circuit Court Shelby County
Transcribed by Barb Huff
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