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Shelby County, Indiana
Courthouse Records
Last Will and Testament of
William T. White
Know all men by these presents, that I William T. White of Shelby County, Indiana, being of sound and disposing mind and memory, and mindful of the uncertainty of life, do hereby make and declare the following to be my last Will and Testament, hereby revoking any and all former Wills made by me at any time heretofore.
Item 1. I Will and direct that all my just debts and the costs and expenses of executing the provisions of this will and the purchase of a monument to be erected at my grave, to cost not to exceed three hundred dollars ($300.00) shall be paid as soon as practicable after my death out of my estate by my executor, hereinafter named.
Item 2. I will, devise and bequeath to my beloved wife Ellen White, in lieu of all her rights and interest in my estate under the laws of the State of Indiana, my home residence property, being the following described real estate situate in Shelby County, Indiana towit·Beginning at a point on the North side of Mechanic Street in the City of Shelbyville, running thence North to Pennsylvania Street; thence West 68 feet (68) on the south side of said street thence South to Mechanic Street; thence East on the North side of said street sixty-eight (68) feet to the place of beginning, being a part of lot number three (3) on New York Street in the town now City of Shelbyville; also all my household goods and furniture. stationary and books, my iron safe and all other articles of use in my residence, except my piano; also of my personal property, consisting of money, notes, securities stocks and choses in action or of whatever kind, the sum, and account of Ten Thousand Dollars thereof; also the one-half of any residue of my estate that may remain thereof after the payment of the charges mentioned in Item I above and the bequests named and set out in the succeeding items of this will; and as mentioned & directed in Item 9 of this will;
Item 3. I will and bequeath to my beloved daughter Delsie White, my upright piano, now in my residence in Shelbyville, Indiana. Also of my personal property, consisting of money, notes, stocks & securities and choses in action or of whatever kind, I will and bequeath to my wife Ellen White as Trustee in trust for my said daughter Delsie White until she arrives at the age of twenty three (23) years, the sum and amount of Ten Thousand Dollars ($10,000.00) thereof. I direct that my said wife Ellen White act as said trustee and as such receive, and control and manage said sum above named as a trust fund for my said daughter Delsie White until she becomes twenty-three (23) years of age; and such trustee shall Keep said fund loaned out on good mortgage security and apply the interest and income wherefrom in paying taxes thereon and for the support and maintenance of my said daughter during said period, but said trustee shall not expend or invest for or pay over to my saidchilddaughter any part of the principal of said trust fund during the continuance of this trust, unless and until after she shall have obtained, upon her petition therefor, the order and consent of the proper Circuit Court to do so. Said Trustee shall also control and manage and loan out in like manner and for a like period, as also a part of said trust fund, the sum of Four Thousand Dollars ($4000.00) mentioned in the succeeding Item 4 of this Will, if the same shall come into her hands as such Trustee of my said daughter as provided in said succeeding Item 4, and shall in like manner use and apply the interest and income therefrom for such period as directed and provided to be done with the income from the said first amount if said trust funds in this item. I further will and direct that when my said daughter shall become twenty-three (23) years of age, the trust so created by this item for her shall end and said Trustee shall then settle the same and pay and turn over to my said daughter Delsie White all of said sums, notes, securities and trust funds, and the income therefrom which at that time may remain unexpended or uninvested under the authority and directions of this trust and the succeeding item 4 of this will, and the same shall then be held, owned and controlled by my said daughter as her own separate means and estate. In the event that my said wife, Ellen White shall die before the expiration of the time said trust is to run as above provided, I will and direct that Katherine Stewart, hereafter mentioned in this will, be appointed to succeed my said wife as such trustee to carry out and execute the trust so created and as directed in this Item. In the event that my said daughter Delsie White, shall be twenty-three (23) years of age at the time of my death, then I will and bequeath the said sum of Ten Thousand Dollars ($10,000.00 ) of my personal property to her directly, as her own separate Estate, subject only to the restrictions and changes therein of the payment therefrom of her part of the taxes upon the trust fund created and provided by the succeeding Item 4 of this will during the continuance of said trust as provided by said Item 4 of this will.
Item 4. I will and direct that the sum of Four Thousand Dollars ($4,000.00) be set aside from my personal estate as a trust fund to be loaned out on good mortgage security, and that the full interest and income therefrom be paid to my aged and beloved father, John White of Lawrence, Indiana, for and during the term of his natural life, in the event he shall survive me, and at his death there shall be used of said fund by the trustee thereof a sufficient amount to provide for him a respectable and proper burial. After this trust has been fully carried out as above stated and directed, all the residue of said fund of four Thousand Dollars shall be paid to my beloved Daughter Delsie White, if she then be twenty-three (23) years of age, and if she shall then be under the age of twenty-three (23) years the same shall be paid and turned over to her trustee, Ellen White hereinabove named in Item 3 of this will to be held, controlled and managed for her by said trustee as directed to be done in trust by said Item 3 of this Will. I appoint my wife, Ellen White as trustee to take charge of and manage the said sum of four Thousand Dollars in the trust created by this item, and I desire and direct that my said trustee so manage and loan the said fund as above directed, if she shall be able to do so, that said income there from shall be paid to my said father, quarterly in each year, and in any event shall be paid to him annually, during the remainder of his natural life. I desire and direct that the principal of said trust fund above named be kept intact during the continuance of said trust, and that the taxes on said fund shall be paid from the income of that part of my estate, other than the said fund, hereinabove mentioned and bequeathed by Items 2 and 3 of this will to my said wife and my said daughter. In addition to the provisions of this will for my said wife and daughter, I have caused them to be made equal beneficiaries of my life Insurance Policy.
Item 10. I hereby nominate and appoint my wife, Ellen White, as the executrix of this my last will and testament and hereby direct that letters testamentary to execute the same be issued to her without bond by the proper Court or Clerk; and that as such executrix of this will she not be required to execute or file any bond thereon or for the settlement of my estate.
I witness Where of I have hereunto set my hand and seal this 31 st day of August 1909...
XXXXXXX
x Seal x William T. White
xxxxxxxxThe above and foregoing instrument is this day signed and declared by the above named William T. White to be his last will and testament in our presence together and at the same time is hereto signed by us in his presence and in the presence of each other and at his request as attesting witnesses thereto. This 31 day of August, 1909.
M.R. Montgomery
Albert F. WrayState of Indiana, Shelby County ss:
Be it remembered, that on the 2d day of may, 1911, Albert F. Wray one of the subscribing witnesses to the within and foregoing last will and Testament of William T. White late of said County, deceased, personally appeared before me, Otto L. Coyle, 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 31st day of August 1909 he saw the said William T. White, 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 T. White 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 T. White, and with his consent attested and subscribed by the said Albert F. Wray and M. R. Montgomery in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said William T. White 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 Advises* and further deponent says not, which instrument aforesaid still remains the Last will of said William T. White as affiant verily believes.
Albert F. Wray
Sworn to and subscribed by the said Albert F. Wray before me, Otto L. Coyle, Clerk of said Court, at Shelbyville, the 2d day of May, 1911.
In attestation Whereof, I have hereinto subscribed my name, and affixed the seal of said Courtxxxxxx
x Seal x Otto L. Coyle, Clerk
xxxxxxState of Indiana, Shelby County SS
I, Otto L. Coyle, Clerk of the Circuit Court of Shelby County, Indiana, do hereby certify that the within annexed Will and Testament of William T. White has been duly admitted to probate, and duly proved by the Testimony of Albert F. Wray, one of the subscribing witnesses thereto, that a complete record of said will, and of the testimony of the said Albert F. Wray in proof thereof, has been by me duly made and recorded in Book 6 at Pages 20.21,22,23 and 24 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 2nd day of May, 1911Otto L. Coyle
Clerk Cir. Ct. Sh. Co.
Election of Ellen White
In the matter of the Estate
of
Election To Take
William T. White, Deceased-
Under the Will
-Ellen White, Executrix -
I, Ellen White the surviving widow of William T. White, late if
Shelby County, Indiana, deceased, and a devisee and legatee under and by the
provisions of the last will and testament of my said deceased husband William
T. White, which last will and testament has been admitted to probate and is
now recorded in the Record of wills in the said clerks office of said County,
hereby elect to take under said last will and testament of my said deceased
husband, and hereby accept the provisions, devises and bequests made to and for
me in said last will in lieu of any and all statutory and other rights I might
have and take under the laws of the state of Indiana in the real and personal
estate if my said deceased husband as his surviving widow, and hereby elect to
accept and take the devises and bequests made to me by the provisions if said
last will in full of all my rights and interest in the real & personal
estate if my said deceased husband as his surviving widow which
I might have or take under and by virtue of the laws of the State of Indiana.
This 8" day of May, 1911
Ellen White
State of Indiana, Shelby Co. - SS.
Before me, the undersigned, a Notary
Public in and for Shelby County, Indiana, personally appeared Ellen
White, surviving widow of William T. White deceased, and acknowledged
the signing and execution of the foregoing election and acceptance, as the
devisee and legatee and as the Widow of said Decedent William T. White
under his last will and testament.
Witness my hand and
notarized seal the 8th day of May 1911.
My Commission
expires March 1st 1913.
xxxxxx
x Seal
x
Albert F. Wray
xxxxxx
Notary Public
Notes
* unsure of spelling.
There appears to be pages missing, as
there does not appear to be Items 6 through 9.
RML3
Will transcribed by Richard McLester Leland III
17 July 2001