Will Book 3, Pages 415, 416, 417
I William Newton, of Shelby County in the State of Indiana, do hereby make and publish this my last will and testament hereby revoking any and all others wills by me heretofore made.
Item 1. It is my will that after my decease all of my just debts and funeral expenses be paid out of my estate.
Item 2. I direct that after my decease a monument be erected at my grave, for myself and wife, Sarah A. Newton, the cost of which shall be at the descretion of my said wife.
Item 3. After the payment of all my just debts and funeral expenses and for the monument mentioned in Item 2 above I give, devise and bequeath to my beloved wife Sarah A.Newton, all the residue of my estate both real and personal to have and hold as long as she shall live, and after her decease, I direct that said property both real and personal shall be divided equally between my children, except my daughter Emma Duty, who shall receive the sum of Five hundred dollars less than either of my other children.
Item 4. I hereby constitute and appoint my wife Sarah A. Newton and Everet E. Stroup
Executors of this my last will and testament and direct that they shall perform their duties as such executors without the execution of any bond for their said trust.
In testimony whereof I have hereunto set my hand and seal this 3rd day of September 1892.
William Newton (seal)
Signed sealed and acknowledged by the said William Newton as his last will
and testament in our presence, and signed by us as attesting witnesses thereto, in his presence and in the
presence of each other.
G. W. F. Kirk
S. P. McCrea
State of Indiana
Be it remembered that on the 29th day of September 1898, G. W. F. Kirk one of the subscribing witnesses to the within and foregoing last will and testament of William Newton, late of said County deceased, personally appeared before John 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 3 day of September 1892, he saw the said William Newton sign his
name to the said instrument in writing as and for his last will and testament, and that
this deponent at the same time, heard the said William Newton, 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 William Newton and with his consent attested and
subscribed by the said G. W. F. Kirk and S. P. McCrea in the presence of said testator, and
in the presence of each other as subscribing witnesses thereto, and that the said William Newton 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.
G. W. F. Kirk
Sworn to and subscribed by the said G. W. F. Kirk before one John M. Powers,
Clerk of said Court, at Shelbyville the 29th day of September 1898.
In attestation whereof, I have hereunto subscribed my name and affixed
the seal of said Court.
J. M. Powers, Clerk
Election of Widow
The undersigned Sarah A. Newton, widow of William Newton deceased, late of
Shelby County Indiana, who died testate on the 20th day of September 1898, at said
County, and whose last will and testament has been duly admitted to probate and recorded
in the Shelby Circuit Court of said County and State hereby makes election as said
widow to take and accept the provisions requested by said will in her favor in lieu of
her statutory rights as such widow in and to the one third of the lands and personal
property of which her said husband died seized and which statutory right in consideration of
the provision of said will, by her accepted as aforesaid, is hereby relinquished and released.
This 20th day of Sept. 1898
Sarah A. Newton
State of Indiana
Shelby County, SS
On this 30th day of Sept. 1898 personally appeared before me the undersigned a Notary Public in and for said County and State, Sarah A. Newton widow of William Newton deceased, and having had fully explained to her the contents of said
foregoing instrument, acknowledged that she executed the same as her voluntary act and
Witness my hand and Notorial Seal this 30th day of Sept. 1898,
Ella M. Stroup
Transcribed by Kathy Ridlen