I, Martha E. Murphy, of Shelby County Indiana, do make and publish this, my last Will and Testament, revoking hereby any and all other Wills by me at any time heretofore made.
Item 1. I do hereby nominate and appoint my brother, George S. Murphy to be the Executor of this Will.
Item 2. It is my Will and I do hereby direct that as soon after my death as practicable all debts by me then owing, shall be paid by my executor: He shall also pay the expenses of my funeral, and of my last sickness, and shall erect at my grave a monument at a cost not to exceed Two Hundred and Fifty Dollars ($250.00) and shall pay the cost of the settlement of my estate.
Item 3rd. I do hereby will, give and bequeath to my nephew, Frank Murphy, the sum of One Hundred Dollars ($100.00) and to my niece, Mary E. Clayton, the sum of One Hundred Dollars ($100.00) and to my niece, Orpha Vanarsdall, the sum of One Hundred Dollars ($100.00) and to my friend and cousin, Gertie Toner, the sum of Fifty Dollars ($50.00), said bequests to be paid as soon after my death as may be practicable.
Item 4th. It is my Will and I do hereby direct that my said Executor shall take possession of all my property, both real and personal, and shall dispose of my personal property (except my clothing and personal trinkets which shall go to my sister Nellie R. Murphy), in the manner deemed by him most advantageous to my estate; and he shall lease and rent my real estate for such period of time as will enable him, out of the rents and profits thereof, to pay all my indebedness and all claims against my estate, and the bequests named and expressed in Item 3rd of this Will; but, it is my will that that such rents and profits shall be so appropriated to supply the deficiency of my personal property to meet and pay my indebtedness and claims against my estate, and said bequests.
Item 5th. After the payment of all indebtedness of my estate, and all lawful claims against the same, and the payment of said bequests in the manner directed in Item 4th of this Will, then it is my Will and I do hereby give, devise and bequest all the rest and residue of my estate, as follows, that is to say.
All moneys remaining in the hands of my said Executor shall be paid by him in equal shares to my four brothers and sisters viz: John Thomas Murphy, Mary E. Bryan, George S. Murphy and Nellie R. Murphy; and all real estate owned by me at the time of my death shall be divided into four (4) equal shares in value: One equal share shall go to and vest in my brother John Thomas Murphy and his wife Emma B. Murphy for and during the term of their natural lives and the life of the survivor of them, and upon the death of my said brother and his said wife said equal share of my said real estate shall to and vest in fee simple in the children of my said brother by his first and second wives, share and share alike, and in the descendants of such of said children as may be then deceased; One equal share of my said real estate shall go to and vest in my sister, Mary E. Bryan and her husband, George W. Bryan, for and during the term of their natural lives, and the life of the survivor of them, and upon the death of my said sister Mary and her said husband said equal share shall go to and vest in fee simple in the child or children of my said sister then living and in the descendants of such as may be then deceased, share and share alike. The third equal share of my said real estate shall go to and vest in my sister, Nellie R. Murphy, for and during the term of her natural life, and at the death of my said sister Nellie, said equal share shall go to and vest in fee simple in her children and the descendants of such as may be then deceased, share and share alike; but, should my said sister Nellie, die without issue, then and in that event it is my will that the share of my said real estate, so alloted to her, shall go to and vest in her surviving brothers and sister above named and the descendans of such as may be then deceased, in fee simple, share and share alike, and the fourth and remaining equal share of my said real estate shall go to and vest in my brother, George S. Murphy, and his wife, Mary E. Murphy, for and during the term of their natural lives and the life of the survivor of them, and upon the death of my said brother George, and of his said wife, then said equal share, so allotted to my said brother George and his said wife, shall go to and vest in the children of my said brother and the descendants of such as may be then deceased, in fee simple, share and share alike. In the division of the real estate of which I shall die seized as above directed, it is my will that such division shall be made in such manner as will insure equality of shares and a perfect title, under this will, in said equal shares to the said devisees respectively.
Item 6th. I do hereby will and direct that my said brother George S. Murphy, shall not be required by any Court to give bond as the Executor of this Will, but he shall serve as such Execturor and discharge all the duties of his trust without giving bond.
In Witness Whereof I have hereunto set my hand and seal this 19th day of August 1897.
signed ~ Martha E. Murphy (seal)
William F. Handy
Edward H. Chadwick
The above named Testatrix, this 19th day of August 1897, in our presence and hearing, declared the above instrument to be her Last Will and Testament, and then in our presence sealed and signed the same; and we, the undersigned, in the presence of said Testatrix and at her request and in the presence of each other have hereunto set our hands and subscribed our names, as attesting Witnesses of said Will.
/s/ William F. Handy
/s/ Edward H. Chadwick
State of Indiana
Shelby County, ss
Be it remembered, that on the 9th day of July 1898, the 42nd judicial day of the May Term of the Shelby Circuit Court in said year, came into open Court George S. Murphy and produces in Court an instrument in writing purporting to be the last Will and Testament of Marha E. Murphy deceased, and now moves the admittance thereof to probate and record and in proof of said will introduces Edward H. Chadwick, 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 19" day of August 1897, he saw the said Martha E. Murphy sign her name to the said instrument in writing as and for her last Will and Testament: and that this deponent, at the same time heard the said Martha E. Murphy declare the said instrument 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 Martha E. Murphy and with her consent attested and subscribed by the said Edward H. Chadwick and by one, William F. Handy in the presenece of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said Martha E. Murphy 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/ Edward H. Chadwick.
Transcribed by Antoinette Waughtel Sorensen