Shelby  County,  Indiana
Courthouse  Records

Last  Will  and  Testament  of

Leonard  Powell,  Senior

          In the name of the Benevolent FAther of all, I the undersigned  Leonard Powell Senior  of Shelby County and State of Indiana do make and publish this my last Will and Testament.

Item 1   I will and direct that as soon after my decease as practicable all my just debts be paid out of my Estate and all the residue of my Estate both Real and personal that I may own at my decease after the payment of my debts, I will devise and bequeasth to my beloved wife  Catherine P. Powell  for and during the term of her natural life and for that term only and at her decease I will devise and bequeath the same to my adopted daughter  Daisy G. Powell  to be her absolute property in the event and provided only that she shall be living at the death of my wife Catherine P. Powell.  And in the event that she shall not be living at the death of my said wife, I will devise and bequeast the said property to my sisters  Verinda Powers  widow of  Joshua Powers  and  Fannie Chapman  widow of  Nelson Chapman  and to my brothers  Micager Powell  and  Bennett Powell  in equal shares and proportions to be their absolute property, and in the event that any one of more of them shall die, the heirs at law of such of them as shall or may die, shall take the same share that they would take under this Will if living.

In testimony hereof I have hereunto set my hand and seal this 12" day of June 1888.

Leonard Powell     {{ seal }}

Signed and acknowledged by said Leonard Powell Sr as his last Will and Testament in our presence and signed by us in his presence and in the presence of each other.  This 12" day of June 1888.

George A. Rose    
H. C. Morrison    

Codicil I  Leonard Powell  of Shelby County Indiana do make and publish the following Codicil to my last Will and Testament made by me on the 12" day of June 1888 and witnessed by George A. Rose and H. C. Morrison that is to say I do hereby will devise and bequeath to my beloved wife  Caroline P. Powell  to be held by her in fee simple the following Real Estate now owned by me and situated in Todd County in the State of Minnisota towit:  The West half of the North East quarter and Lot one (1) of Section nine (9) and Lot Three (3) of Section Four (4) in Township One hundred and Twenty eight (128) North of range Thirty five (35) according to Government Survey thereof, being all the Real Estate owned by me in said State of Minnesota.  As to the residue of my EState of which I shall die seized both Real and Personal I make no change in my said last Will but desire that the same shall be disposed of in the manner provided by me in an by my said Will.
                In witness whereof I have hereunto set my hand and seal this 13" day of October 1891

Leonard Powell     {{ seal }}

Signed and acknowledged by said Leonard Powell as a Codicil to his last Will and signed by us as attesting witnesses thereto at his request and in his presence and in the presence of each other, this 13" day of October 1891.

George A. Rose    
H. C. Morrison    

State of Indiana     Shelby County ss:
            Be it remembered that on the 7"day of December 1891 in vacation of the Shelby Circuit Court  Harry C. Morrison  one of the subscribing witnesses to the within and foregoing last Will and Testament of Leonard Powell late of said County deceased, personally appeared before   John R. Sedgwick  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 12" day of June 1888, he saw the said Leonard Powell sign his name to said insturment in writing as and for his last will and Testament; and that this deponent at the same time, heard the said Leonard Powell 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 Leonard Powell and with his consent attested and subscribed by the said Harry C. Morrison and George A. Rose in the presence of said Testator and in the presence of each other as subscribing witnesses thereto, and that the said Leonard Powell was at the time of the signing and subscribing of said instrument in writing as aforesaid, of full age (that is more than 21 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

H. C. Morrison

Sworn to and subscribed by the said Harry C. Morrison before me John R. Sedgwick Clerk of said Court at Shelbyville the 7" day of December 1891
In attestation whereof I have hereunto subscribed my name and affixed the seal of said Court

John P. Sedgwick  
Clerk

State of Indiana     Shelby County ss:
          I  John R. Sedgwick   Clerk of the Circuit Court of Shelby County Indiana do hereby certify that the within annexed will and testament of Leonard Powell has been duly admitted to probate and duly proved by the testimony of Harry C Morrison in proof thereof has been by me duly made and recorded in Book 2 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 7" day of December 1891

John P. Sedgwick   Clerk

Proof of Codicil State of Indiana     Shelby County ss:
            Be it remembered that on the 7 day of December 1891 in vacation of the Shelby Circuit, Harry C Morrison one of the subscribing witnesses to the within and foregoing Codicil to the last Will and Testament of Leonard Powell late of said County deceased personally appeared before John P. Sedgwick 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 13" day of Octobert 1891 he saw the said Leonard Powell sign his name to this instrument in writing as and for his Codicil to his last Will and Testament and that this deponent at the same time heard the said Leonard Powell declare the said instrument in writing to be his Codicil to his last Will and Testament and that the said instrument in writing was at the same time at the request of the said Leonard Powell and with his consent attested and subscribed by the said Harry C Morrison and  James B. Thompson  in the presence of said Testator and in the presence of each other as subscribing witnesses thereto and that the said Leonard Powell 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

H. C. Morrison

Sworn to and subscribed by the said Harry C Morrison before me John R Sedgwick Clerk of said Court at Shelbyville the 7" day of December 1891.  In attestation whereof I have hereunto subscribed my name and affixed the seal of said Court

John P. Sedgwick   Clerk

State of Indiana     Shelby County ss:
          I  John R. Sedgwick   Clerk of the Circuit Court of Shelby County Indiana, do hereby certify that the within annexed will and testament of Leonard Powell has been duly admitted to probate and duly proved by the Codicil to the last will and Testament of Leonard Powell has been duly admitted to probate and duly proved by the testimony of Harry C Morrison one of the subscribing witnesses thereto that a complete record of Said Codicil and of the testimony of the said Harry C Morrison in proof thereof has been by me duly made and recorded in Book 2 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 7" day of December 1891

John P. Sedgwick   Clerk
Circuit Court Shelby County

Contributed by Phyllis Miller Fleming

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