Last Will and Testament of
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
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
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
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