Last Will and Testament of

Albert  McCrea

I, Albert McCrea of Shelby County, Indiana being of lawful age and sound mind and memory do make and publish this my last Will and Testament. 

Item 1.  It is my will and I direct that all my just debts and funeral expenses be first paid out of any money or property I may possess at my death. 

Item 2.  I give and bequeath to my beloved wife, if she shall survive me, all my personal and real property, after the payment of my just debts, for and during the term of her natural life with full power to sell or exchange any of the personal property she shall desire to sell or exchange during her life term. 

Item 3.  At the death of my beloved wife I give devise and bequeath all my property as follows: 

First   I devise to my daughter Annis McCrea the North half of the East half of the North- east quarter of section Twenty-Eight (28) in Township twelve (12) North in Range six (6) East containing 40 acres more or less. 

Second.  I devise to my son Harry McCrea the South half of the East half of the North-east quarter of section 28 in Township twelve (12) North in Range 6 East, containing 40 acres more or less.

Third.  I devise to my son John F. McCrea 23 acres of land off the entire East side of the East half of the South-east quarter of section 21 in Township 12 North in Range 6 East.  I also bequeath to my said son John F. McCrea the sum of eight hundred ($800.00) dollars in money.

 

Item 4.  I bequeath all the residue of my property of whatsoever kind not herein above disposed of to my daughter Annis and my son Harry share and share alike, each to have the full one half part thereof.  Item 5.If at the death of my beloved wife there should not be sufficient money on hands to pay my said son John F. the $800.00 given him in term 3 above then I direct that there shall be sold enough personal property to raise a sufficient sum to pay said John F. in full the $800.00 given him in Term 3 above. Item 6.Should any of my children and legatees above named, die without issue before receiving the property given him or her in this will mentioned then and in that event, the share above given shall go to the survivor or survivors in equal proportions. Item 7.I do not nominate an Executor of this my last will, because it is my desire that the will shall be duly probated to show title to the legatees therein named but that no other Court proceedings be had in the premises, and that the property be divided by my said children as herein given, devised and bequeathed to them respectively.

            In Witness Whereof I have hereunto subscribed my name and affixed a seal this 29th day of October 1903.

Albert McCrea (Seal)

Signed by Albert McCrea as his last Will and Testament in our presence and by each of us as witnesses thereto in his presence and at his special instance and request this 29th day of October 1903.

Charles E. Amsden 
Robert W. Harrison
Witnesses          

State of Indiana
Shelby County SS
          Be it remembered that on the 27th day of September “Charles E. Amsden”, one of the subscribing witnesses to the within and foregoing last Will and Testament of Albert McCrea late of said County, deceased, personally appeared before Otto L. Coyle 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 29th day of October 1903, he saw the said Albert McCrea 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 Albert McCrea 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 Albert McCrea, and with his consent attested and subscribed by the said Chas. E. Amsden, Robert W. Harrison and in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said Albert McCrea 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.

Charles E. Amsden

          Sworn to and subscribed by the said Charles E. Amsden, before me, Otto L. Coyle, Clerk of said Court, at Shelbyville, the 24 Day of September 1911.

          In Attestation Whereof I have hereunto subscribed my name and affixed the seal of said Court.

Otto L. Coyle – Clerk Shelby Circuit Court

State 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 Albert McCrea has been duly admitted to probate and duly proved by the testimony of Charles E. Amsden, one of the subscribing witnesses thereto that a complete record of said will and of the testimony of the said Chas. E. Amsden in proof thereof, has been by me duly made and recorded in Book 6 at pages 52-55 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 27 day of September, 1911.

Otto L. Coyle – Clerk Circuit Shelby County

Transcribed by Linda Bianchi


ELECTION OF WIDOW

State of Indiana
Shelby County SS:

          The undersigned widow of  Albert McCrea, deceased, late of Shelby County, Indiana who died testate and whose last Will and Testament has been duly admitted to probate and record in the Shelby Circuit Court of said county and state, here by makes election as such widow, to hold and retain her right to take and accept the provisions made by the said will in her favor in lieu of her statutory right as such widow in and to one third of the lands of which her husband died seized; also under the statutes of descent in and to the personal estate of my said husband; and in consideration of the provisions of said will, my rights under the statutes of descent in and to the personal property and the real estate of said decedent are hereby relinquished and released, Dated this 17 day of October, 1911.

Lillie McCrea - Widow

State of Indiana Shelby County SS:
          On this 17th day of October, 1911, personally appeared before me the undersigned a Notary Public in and for said County and state came __________ widow of Albert McCrea, deceased to me well known and having fully explained to her the contents of the foregoing instrument, acknowledged that she executed the same as her Voluntaty act and deed.
          Witness my hand and Notarial seal at Shelbyville, Indiana this the date last above written.
David L. Wilson
Com. to Sept 5" A.D. 1915                Notary Public S.C.

Transcribed by Barb Huff

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