Book 9 Page 107
I, Oliver Swain, of Shelby County Indiana, do make and publish this, my last will and testament, hereby revoking any and all former wills by me at any time heretofore made.
Item. 1st: It is my will and I do hereby direct that all my just debts and the expenses of my funeral shall be paid out of the personal estate which I shall leave at my death, as soon as practicable after my death.
Item. 2nd: Subject to the payment of my debts and funeral expenses, as provided in Item 1st of this will, I give and bequeath unto my wife, Almira Swain, my entire personal estate, including all household furniture, stock, grain and other chattels and all moneys on hand or on deposit, accounts and debts owing to me, at the time of my death, to be taken and held by her absolutely, except as hereinafter differently expressed and directed.
I will, give and bequeath to my said wife all stock which I may own at the time of my death in the Manilla Natural Gas Company, known as the Mull and Hester Gas Plant, said stock and all my interest in said company and plant to be held and taken by my said wife as her absolute property.
I will, give and bequeath to my said wife, Almira Swain, the one half part of all stock owned by me in the Morristown Fuel and Light Company at the time of my death, and the other half part of said stock I will, give and bequeath to my daughter, Aura E. Pitts, each half to be liable for its proportion of taxes, and of whatever assessments may come upon the same for improvements, additions, repairs and running expenses.
It is my further will that as to the certain debt owing to me from my son-in-law, J. Milton Pitts, evidenced by his written obligation, dated April 1st 1890, and calling for the sum of Fifteen hundred and fifty dollars ($1550.00), at my death the same shall receive, exclusive of credits entered upon the back of said obligation, a credit of one thousand and fifty dollars ($1050.00), the same to be entered upon the back of said written obligation. The remainder of said debts shall rum[sic] during the remainder of the life of my said wife, and interest, at the rate of six per cent per annum, shall be
paid annually upon said remainder, towit: Five hundred dollars, by my said son-in-law to my said wife during her natural life, and at the death of my said wife said remainder of said debt shall be deemed extinguished and thereafter shall not exist as an obligation against my said son-in-law or his estate.
Item. 3rd: I do hereby will, give and devise to my wife, Almira Swain, all my real estate, consisting of eighty-five (85) acres of land in Union Township, Shelby County, Indiana, to be taken and held by her for and during the term of her natural life, and for that term only: She shall have full possession and control of said real estate during the term of her natural life, and shall have and take all rents and revenues arising in any way from said farm as her absolute property: but at her death the said real estate shall go to and vest in my daughter, Aura E. Pitts and her husband, J. Milton Pitts, to be held by them in fee-simple as tenants by entireties as husband and wife.
Item. 4th: I do hereby nominate and appoint to be the executor of this, my last will and testament, my friend, Jasper Hester, of Shelby County Indiana.
In witness whereof I have hereunto set my hand and seal this 25th day of April A. D. 1899.
Witnesses Oliver Swain (Seal)
Joseph H. Akers.
Edward H. Chadwick.
On this, the 25th day of April 1899, Oliver Swain, the above named testator, in our presence and hearing signed the above instrument of writing and sealed the same, and declared the same to be his last will and testament: and at the same time we, the undersigned, in his presence and at his request, and in the presence of each other have hereunto subscribed our names as witnesses to said will.
J. H. Akers,
Edward. H. Chadwick.
State of Indiana.
Shelby County ss:
Be it remembered that on the 5 day of April 1901, the 23 judicial day of the March Term of the Shelby Circuit
Court in said year, came into open Court, J. Milton Pitts and produces in Court an instrument in writing purporting to be the last will and testament of Oliver Swain 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, who being duly sworn by the Clerk of said Court, on oath, declare and testify as follows, that is to say: that on the 25th day of April 1899 he saw the said Oliver Swain sign his name to the instrument in writing as and for his last will and testment: and that this deponent at the same time heard the said Oliver Swain declare the said instrument in writing to be his last will and testament, and that the said instrument in writing was at the same time, at the request of the said Oliver Swain and with his consent attested and subscribed by the said Edward H. Chadwick, and also Joseph H. Akers in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto and that the said Oliver Swain 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.
Edward H. Chadwick
Sworn and subscribed by the said Edward H. Chadwick before me, Frank Glessner Clerk of said Court, at Shelbyville Indiana, the 5" day of April A.D. 1901.
Frank Glessner Clerk
Whereupon it is ordered, adjudged and decreed by the Court that said instrument in writing purporting to be the last will of Oliver Swain deceased, is the last will and testament of Oliver Swain deceased, and is hereby admitted to probate and record in this Court.
State of Indiana. Shelby County. SS.
I, Frank Glessner, Clerk of the Circuit Court of Shelby County, Indiana, do hereby certify that the within annexed will and testament of Oliver Swain has been duly admitted to probate and duly proved by the testimony of Edward H. Chadwick
one of the subscribing witnesses thereto, that a complete record of said will, and of the testimony of the said Edward H. Chadwick in proof thereof, has been by me duly made and recorded in Book No. 4 - at pages 107-108-109 & 110, of the Records 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 5th day of April A. D. 1901.
Frank Glessner, Clerk
Circuit Court Shelby County
Transcribed from a copy of the Will Record in the Shelby Co Clerk's office by Teresa McPherson
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