last Will and Testament of
Matthew R. Montgomery, Dec'd.
Know all men by these presents that I Matthew R. Montgomery, being of sound and disposing mind and memory, do hereby make and declare the following to be my last Will and Testament, hereby revoking any and all former Wills at anytime heretofore made by me.
Item 1, I will and direct that all my just debts and the expenses of administration of my estate under this Will be paid, That all such debts, except mortgage debts on my real estate to the Union Building Association of Shelbyville Indiana, be paid as soon as practicable by my Executor from any money which may come into his hands from my personal Estate not herein otherwise specifically bequeathed by this Will, or from interest dividend and income from such personal estate, and from any rents and profits from my real estate which may be available for such purpose; and that such mortgage debts on my real estate, with the interest thereon be taken care of and said gradually and as fast as the same can be done, from the rents and profits of the real estate so mortgaged as hereinafter provided until the same are fully paid or my estate is discharged therefrom.
Item 2, I will and bequeath to my beloved wife Lulu Montgomery to be her absolute property my library of books and all my household goods and effects of every kind except my piano which I will and bequeath to my beloved daughter Grace Elizabeth Montgomery.
Item Three, I have provided for my said daughter Grace Elizabeth, a life Insurance Policy of $1500.00 in the John Hancock Mutual Life Insurance Company of which my said daughter is the sole beneficiary, and also have made deposits for her name in the Union Building Association of Shelbyville Indiana, in the sume of about $7600.00 Therefore, I will and devise to my beloved son Charles R. Montgomery to make him nearly equal with her in that respect, the following described real estate situate in Shelby County Indiana, towit: Beginning at the North West corner of the North West quarter of Section Four (4) in Township Twelve (12) North of range Seven (7) East, and running thence South 85 rods to the middle of the Michigan Road thence South 70 1/2 degrees East 25 rods; thence North 93 35/100 rods to the North line of said quarter section; thence West 23 57/100 rods to the place of beginning, containing 13 12/100 acres more or less. Also beginning at a point 80 feet and 10 inches North of the South East corner of Section 32 in Township 13 North in Range 7 East, and running thence in a Westerly direction in a straight line 288 feet to a point 74 1/2 feet North of the North East corner of Section 5 in Township 12 North in Range 7 East; thence South 94 1/2 feet to the North East corner of said section 5; thence East along the South line of said section 32, two Hundred and Eighty-eight (288) feet to the South East corner of said section 32, and thence North 80 feet and 10 inches to the place of beginning, containing 47/100 of an acre more or less, subject to a certain mortgage for the sum of Two Thousand dollars, thereon dated February 11, 1913 executed by me to Josephine Byers which my said son shall pay; except that my Executor is directed to pay the interest therein for the period of five years from and after my death as the interest is provided to be paid by him on other mortgage debts on my real estate, but not from the rents of said real estate said Mortgage being payable 5 years from date and bearing six per cent interest payable semi annually unless said mortgage is within that period paid in full by my said son.
It being my intention by the devise to my said son, that he shall have the rents from said real estate herein devised during said period of Five years, and my Executor shall pay the interest on said mortgage from other sources of my estate during said period, unless my said son shall fully pay off said mortgage before said period expires.
Item Four I will and direct that for the period of five years from and after my death, my real estate, Insurance, loan and Rental business shall be continued under the name of the "M.R. Montgomery" Agency; and conducted by Charles F. Benedict as Manager thereof, assisted by Morton Bland; and they shall have the use of the office fixtures, furniture, books and effects in my office, owned by me and used in connection with my said business. Said business to be conducted for the benefit of my said wife Lulu Montgomery and my daughter Grace Elizabeth Montgomery, during said period. In the conduct of said business I direct that the said Charles F. Benedict shall first be paid an annual salary of Nine Hundred dollars, in monthly payments, or at such times as the business justifies from the gross proceeds of the business when such gross proceeds is $5000.00 or less, annually and when the gross proceeds of the business Exceeds $5000.00 annually he shall also receive twenty per cent of the excess of such gross proceeds over $5000.00 annually; and the said Morton Bland shall receive fifty per cent of the remaining gross proceeds of said business to be paid him when and as the cash receipts or profits are realized on said business. After the payment of said salaries and commissions from said business and also the payment of office rent and expenses and other expenses of conducting said business therefrom, the residue of the receipts and profits therefrom shall be accounted for and paid by said Charles F. Benedict, as such Manager to my said wife for the use of herself and my said daughter.
At the end of five years after my death, I will and bequeath to my son, Charles R. Montgomery all the personal property, fixtures and furniture used in said business and connected therewith and also the real estate of loan business of said Agency and the good will connected therewith and I will and bequeath to my friend Charles P. Benedict all the Insurance and Rental business of said Agency and the Good will connected therewith and all papers and books used in and connected with said Insurance and Rental business.
Item 5, Subject to the execution, terms and provisions of the foregoing items of the Will, I will, devise and bequeath all the rest and residue of my property, real, personal and mixed, wherever situate, including all my stocks, bonds, choses in action, contracts and other personal property of whatever Kind, to Albert F. Wray as my Executor hereinafter named, and appointed in trust, for the term of five years from and after my death, and to be held, controlled managed and disposed of in trust by said Executor during said term for the benefit of my Estate and my said wife and children, upon the terms and with the conditions and directions herein stated.
I direct that as to all tracts of real estate for which I have made contracts of sale to various purchasers, my said Executor as such Trustee shall look after the same and see that the payments are made to the Union Building Association according to contracts upon the mortgages against said tracts of real estate, until said mortgages are paid or until the purchasers are entitled to deeds of conveyance of the real estate, at which time my said Executor is hereby authorized to convey said real estate to them according to said contracts under the supervision and orders of the Shelby Circuit Court.
That as to all other tracts of my real estate upon which there are mortgages to said Building Association, according to contracts, upon the mortgages against said tracts of real estate, until said mortgages are paid or until the said purchasers are entitled to deeds of conveyance of the real estate, at which time my said Executor is hereby authorized to convey said real estate to them according to said contracts under the supervision and orders of the Shelby Circuit Court.
That as to all other tracts of my real estate upon which there are mortgages to said Building Association on others, my said Executor shall collect the rents and profits therefrom and apply the same in payment of taxes and Insurance and upon said mortgages to reduce or discharge the same except that this shall not apply to the said tract upon which I have given a mortgage to Josephine Byers, and my said Executor is authorized and directed to sell any of such tracts or lots whenever he deems it for the best interest of my estate, or the same may be done at a profit of my estate shall not sustain loss thereby, and from the proceeds pay and discharge the mortgages thereon, and in such case he is authorized and given power to convey such tract, tracts, or lots, to the purchasers thereof, and make good title in fee simple by such conveyances, under the supervision and orders of the Shelby Circuit Court.
These directions to pay rents and profits on mortgages and the authority and power to sell and convey, shall apply to my real estate located at the South West corner of Kenwood Ave and 33d Street in the City of Indianapolis Indiana and my said Executor is also authorized to sell and convey a vacant lot of not more that 60 feet frontage off of the entire West or rear End of said property and apply the proceeds to reduce or settle the mortgage on said real estate. For any of such sales and conveyances they may be made with or without an appraisment of such property as the Court may deem best, but I specifically direct that the Court shall not require any additional bond from my said Executor for such order to sell and convey and I give and grant full power and authority to him to make such sales and conveyances without giving or being required to give any additional bond.
As to any other of my real estate the rents and profits thereof, after the payment of taxes insurance and necessary repairs therefrom, and the interest, dividends and profits from my personal property, less taxes therefrom, during said period of five years trust so far as they may be available, and as may be necessary for that purpose my said Executor shall pay over to my said wife for the maintainance of herself and my said daughter, but I devise and direct that so far as they can do so they permit the dividends and profits on my Building Association Stock to accumulate and the funds to remain intact. In the discharge of the duties imposed by this Item as well as in the Executions of the provisions of the other items of this Will, I hereby give and grant to my said Executor power to use his discretion in the said matters and in the management of my property and to take such steps, sell any other real or personal property not therefore mentioned under the supervision and orders of said Court upon the same terms and without giving or being required to give any additional bond therefor as set out and directed above on this item and to do such thing as in his best Judgement he shall deem best for the interest of my estate and the interest and advantage of the beneficiaries under this Will so that at the end of said five years period of trusts my property shall be entirely or as nearly as possible free from mortgatge indebtness and in better condition for the division and distribution thereof as directed in this Will.
Item Six, At the end of five years after my death I will and devise that my said Executor shall sell, all the residue of my property real, personal and mixed, wherever situate and other personal property of whatever kind mentioned and described in Item 5 above not already sold during said period and convert all such property into cash, except that my bank stock and Building and Loan Association stock maybe treated as cash without sale thereof, making such sales to the best advantage he can, at private sale if possible and if not then at public sale; all under the supervision and orders of the Shelby Circuit Court upon the same terms as set out and directed in Item 5 above, and I expressly empower my said Executor to make all such sales without giving any additional. bond therefore, and I expressly direct that he be not required to give any additional bond by the Court for any orders in connection with such sales.
And I will and dispose of the proceeds and cash is obtained from said property and from my property therefore sold during said five year period of trust under this Will by my said Executor and remaining in his hands as follows:
I will and bequeath to my beloved wife Lulu Montgomery, first the sum of five Hundred Dollars thereof, Second, I will and bequeath to her the full one third of all the remaining part thereof; the provisions made for my said wife in this and other items of this Will are in lieu of all her interest in my Estate under the law, and I will and bequeath to my beloved daughter Grace Elizabeth Montgomery the full one third part of all of said proceeds and property less said sum of Five Hundred dollars first taken therefrom, and I will and bequeath to my beloved son Charles R. Montgomery the full One Third part of all said proceeds and property less said sum of Five Hundred dollars first taken therefrom if he shall then be living at the end of the five years after my death but if he shall be not then living, I will and bequeath of the same amount and shall so bequeath to him by this item the sum of One Thousand dollars to my sister Joanna Montgomery if she then be living and single, and the sum of One Thousand dollars thereof to my sister Martha E. Montgomery if she then be living and single, and the residue of said amount and share to the child or children of my said son then living, and if either or both of my said sisters be then married or not living, then in that event the sum given to such sister, married or dead, shall go to such child or children of my said son.
I have made certain advancements to my said son Charles R. and hold his notes for the same and I will and direct that he be charged with the principal of said advancements and the same be accounted for to my estate out of the bequest so made to him by this Item of my will.
Item Seven, I have heretofore given to my wife, in her name alone, a residence property in the City of Indianapolis; upon which there is a mortgage debt, and we are also the owners by entireties of a residence property situate on Broadway Street in Shelbyville Indiana, and looking to her future welfare and interest I advise and request that she sell the Broadway Street residence in Shelbyville and from the proceeds therefrom pay and discharge the mortgage debt on the Indianapolis property and invest the residue so that it will bring her an income, which I advise would be better that holding an expensive residence property; and I also advise and request that she consult and advise with my attorney Albert F. Wray concerning any matters of business in which she is interested and about any matters of business in which she is interested and about any matters connected with my Estate and as far as possible and consistent with her good judgement be governed by his advise in all such matters.
Item Eight, I hereby nominate and appoint my friend Albert F. Wray as the Executor of this my last Will and Testament.
In Witness Whereof I have hereunto set my hand and seal this 18 day of February 1913.
( SEAL ) Matthew R. Montgomery
The foregoing Instrument is this day signed and acknowledged and declared by Matthew R. Montgomery to be his Last Will and Testament in our presence together and is hereto signed by us in his presence and in the presence of each other and at his request as attesting witnesses thereto. This February 18" 1913
Chas P. Sindlinger
State of Indiana Shelby County SS:
Be it remembered that on the 3d day of April A.D. 1913 the 52d judicial day of the February Term of the Shelby Circuit Court in said year, come into open Court Albert F. Wray Atty and produces in Court an instrument in writing purporting to be the last Will and Testament of Matthew R. Montgomery deceased and now moves the admittance thereof to probate and record and in proof of said Will introduces Elisha Sexton one of the subscribing witnesses thereto, who being duly sworn by the Clerk of said Court on oath declares and testifies as follows, that is to say: That on the 18" day of February 1913 he saw the said Matthew R. Montgomery sign his name to said instrument in writing as and for his last Will and Testament and that this deponent at the same time at the request of the said Matthew R. Montgomery and with his consent attested and subscribed by the said Elisha Sexton and Charles P. Sindlinger in the presence of said testator, and in the presence of each other, as subscribing thereto and that the said Matthew R. Montgomery 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.
Sworn to and subscribed by the said Elisha Sexton before me Otto L. Coyle Clerk of said Court at Shelbyville Indiana the 3rd day of April 1913.
( SEAL ) 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 Matthew R. Montgomery deceased, is the last Will and Testament of Matthew R. Montgomery deceased and is hereby admitted to probate and record in this Court.
( SEAL ) Otto L. Coyle Clerk
( SEAL, ) Otto L. Coyle Clerk
Circuit Court Shelby County
Transcribed by Barb Huff
Election of Widow "Lulu Montgomery, widow"
Estate of Matthew Montgomery
In the matter of the estate of Matthew Montgomery deceased
Albert A Wray, executor
Widow Election to take under will to the Clerk of Shelby Circuit Court of
Shelby County, Indiana.
I, Lulu Montgomery, surviving widow of Matthew R. Montgomery late of Shelby County, Indiana, deceased, and a devisee and legatee under and by the provisions of the last will and testament of my said deceased husband Matthew R. Montgomery, which last will and testament has been admitted to probate and is now recorded in the record of wills in said clerk's office of said county hereby elect to take under said last will and testament of my said deceased husband and hereby accept the provisions devised and bequests made to and for me, by devise and bequest in said last will and testament and hereby accept such provisions made to and for me in said last will in lieu of any and all statutory and other rights I might have and take, by and under the laws of the State of Indiana in the real and personal estate of my said deceased husband and his surviving widow and hereby elect to accept and take the said provisions made to and for me by the terms of said last will in full of all my rights and interest in the real and personal estate of my said deceased husband which I might have on take under and by virtue of the laws of the State of Indiana this 12th day of April 1913.
Com. Exp. Mar 3rd 1914 (with seal below) Albert A. Wray Notary PublicTranscribed by Cynthia Snyder