Last Will and Testament of

John  Robertson

            I  John W. Robertson, of Shelby County Indiana, being now of sound mind and memory, but frail in health and mindful of the uncertainty of life, do make and Publish this my last Will and Testament, hereby revoking any and all other Wills by me at any time heretofore made.

Item 1st         I will and direct that after my decease all my just debts including expenses of last sickness, funeral expenses, the cost of a suitable monument for my grave, and expense of administration of my Estate be paid by my Executor to be hereinafter named. I further direct that all who wait upon me in my last sickness shall be well paid for all their trouble.

Item 2nd         I will and give unto the Mt. Pisgah Church of Shelby County Indiana the sum of One Thousand Dollars and I direct that Five Hundred Dollars of this bequest shall be applied to the improvement Beautifying and Maintenance of the Grave Yard connected with and adjoining said Church and the remaining Five Hundred Dollars shall be appropriated to the maintenance of Gospel preaching in said church; all to be done by the trustees of said Church in the exercise of their best judgment.

Item 3rd         I will give unto the Baptist State Convention of Indiana the sum of One Thousand Dollars $1000.00

Item 4th         I will, give and bequeath to my sister  Mary McCabe, all my household furniture and all other personal property of which I shall die possessed; Except Notes, Accounts, Choses in Action and Moneys and all grain, hay the produce of my Real Estate in hand at my death (which notes, accounts Choses in Action and moneys and all grain, Hay the produce of my Real Estate on hand at my death) are reserved for the payment of my debts and the bequests contained and Expenses in this Will.

Item 5th         I will and bequeath unto my nephew  James E. McCabe, my gold watch.

Item 6th         I will and bequeath unto Thomas Moberly the sum of One Thousand Dollars, the same to be as a Mark of my Esteem and friendship for him as a full compensation to him for his services in the settlement of my Estate, it being my will that said Thomas Moberly shall serve as the Executor of this my last Will and Testament.

Item 7th         It is my Will that all the above bequests, as well as all my just debts and all Claims against my Estate shall be paid out of my personal Estate, towit; the Notes, accounts, Chose in action and Moneys Hay & grain of which I shall die possessed; but in case there shall not be sufficient of said personal Estate to pay and discharge said bequests and debts and the Expenses herein above mentioned, then it is my will and I hereby direct that my Executor shall sell such of my real Estate as may be necessary to Supplement my Personal Estate in the payment and discharge of said bequests and debts.

Item 8th         After the payment of all my just debts and obligations and the payment of all bequests hereinabove expressed and of all expenses hereinabove mentioned, then it is my will and I do hereby devise all my Real Estate, of which I shall die seized unto my sister Mary McCabe; James H. Fisher, child of my deceased sister,  Melvina Fisher;  James F. Cooper  and  Isaac N. Cooper, children of my deceased sister,  Susan Cooper; and to  Thomas Devining,  John Devining,  Anna Winkler,  Mollie Blasť,  Laura McCarty  and  Nancy P. Parkinson, children of my deceased sister  Parmelia Devining,  that is to say; All my Real Estate left after the payment and discharge of all my debts, and all the liabilities against my Estate under this Will and otherwise, shall be divided into four (4) Equal Shares in value, and one Equal Share shall go in fee simple unto my said sister Mary McCabe, or if she be not living at the time of my death, then to her children, share and share alike; and one Equal share shall go in fee simple to my nephew  James H. Fisher  of Minnesota, or in case of his prior death then to his children and heirs; and One Equal share of my said Real Estate shall go in fee simple to my said nephews, James F. Cooper and Isaac N. Cooper or in case of the death of either before my own then the share of such deceased nephew shall go in fee simple to his children and heirs; and the remaining One Fourth Equal Share of my said Real Estate shall go in fee simple to the said children of my sister, Permelia Devening, viz: Thomas Devening, John Devening, Anna Winkler, Mollie Blasť, Laura McCarty and Nancy P. Parkinson, share and share alike, and in the event of the prior death of any of my said nieces and nephews before my own, then and in such case the share that would have gone to such deceased shall go to his or her children if any survive and if no child or children survive such deceased then his or her share shall go to the remaining nieces and nephews, children of my said sister Permelia Devening, share and share alike.

Item 9th         I do hereby nominate, Constitute and appoint my friend Thomas Moberly, to be the Executor of this, my last Will and Testament, and reposing the most implicit confidence and faith in his honor and good judgment, I do hereby Will and Direct that no bond shall be required at his hands by any Court, for the faithful discharge of his duties as such Executor, but Letters Testamentary for the Administration of my Estate under this Will shall be issued to him without bond.

And in Witness of this, my last Will and Testament, I have hereunto set my hand and Seal this 14th day of January A.D. 1896
John W. Robertson            
Witnesses:     Edward Chadwick     Henry Doble

            In our presence and hearing, this 14th day of January A.D. 1896, John W. Robertson, to us well known, Signed and Sealed the above and foregoing Instrument and Declared the same to be his last Will and Testament; and We, the undersigned in his presence, and in the presence of each other, and at his request, have hereunto subscribed our names as Witnesses to and of said Last Will and Testament, this 14th day of January 1896.
Edward Chadwick     Henry Doble        



State of Indiana
Shelby County, SS
            Be it remembered that on the 19th day of February 1896 Edward Chadwick one of the subscribing witnesses to the within and foregoing last Will and Testament of John W. Robertson late of said County, deceased, personally appeared before J. W. Powers Clerk of the Circuit Court of Shelby County in the state of Indiana, and being duly sworn by the Clerk of said Court upon his oath, declared and testified as follows, that is to say: That on the 14th day of January 1896 he saw the said John W. Robertson sign his name to said instrument in writing as and for his last Will and Testament, and that this deponent, at the same time, heard the said John W. Robertson 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 John W. Robertson and with his consent attested and subscribed by the said Edward H. Chadwick & Henry Doble in the presence of said testator, and in the presence of each other, as subscribing witnesses hereto, and that the said John W. Robertson 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 and coercion or restraint, as the said deponent verily believes, and further deponent says not.
Edward H. Chadwick

            Sworn to and subscribed by the said _____________ before me J.W. Powers Clerk of said Court at Shelbyville the 19th day of Feb 1896
J. W. Powers Clerk

            In attestation whereof, I have hereunto subscribe my name, and affixed the seal of said Court

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State of Indiana
Shelby County, SS
            I, J. W. Powers Clerk of the Circuit Court of Shelby County Indiana do hereby certify that the within annexed Will and Testament of John W. Robertson has been duly admitted to probate 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 deponent in proof thereof, has been by me duly made and recorded in Book 3 at pages 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 this 19th day of February 1896.
J. W. Powers     Clerk of Circuit Court Shelby County       

Transcribed by Barb Huff

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