Last Will
of

David  Compton

Page 208

State of Indiana, County of Shelby

Pages 208, 209, 210, 211 & 212

9 May 1904

I, David Compton of Shelby County in the State of Indiana being of sound mine and memory do make publish and declare this to be my last Will and testament, towit:

            First - All my just debts and funeral expenses shall be first fully paid.

            Second - All my estate both real and personal shall be divided equally between my eight children, Viz:   John Compton,  Leonard Compton,  Johan Willett,  Mary Nading,  Flora Steinbergers  daughter  Nettie Miller,  Walter Compton,  Edward Compton  and  Frank Compton,  John Compton has been paid by me Two Thousand Dollars,  Leonard Compton has been paid by me Two Thousand Dollars and  Johan Willett has been paid by me Three hundred dollars which same amounts shall be deducted from their several shares of my estate.  

            Third - I nominate and appoint my sons  John and  Leonard to be the Executors of this my last Will and Testament hereby revoking all former Wills made by me.

            In Witness Whereof I have herunto set my hand seal this the 9" day of May 1904.

David Compton ( seal )   

Signed sealed published and declared as and for his last will and testament by the above named testator in our presence, who have at his request and in his presence and in the presence of each other signed our names as witnesses thereto.

Earl Treese      
W. Alfred McEwen

 

State of Indiana, Shelby Co., S.S.

            Be It Remembered, that on the 13th day of November, A.D. 1912 the 33 judicial day of the October Term of the Shelby Circuit Court in said year, come into open Court, W. Alfred

                                                                                                                                                Page 209

McEwen and produces in open Court an instrument inwriting purporting to be the last Will and Testament of David Compton deceased and now moves the admittance thereof to probate and record and in proof of said Will intrduces W. Alfred McEwen the subscribing witnesses thereto who being duly sworn by the Clerk of said Court, on oath declare and testify as follows, that is to say, That on the 9 day May 1904 he saw the said David Compton 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 David Compton 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 David Compton and with his consent attested and subscribed by the said W. Alfred McEwen and Earl Trees, in the presence of said testator, and in the presence of each other as subscribing witnesses thereto and that the said David Compton 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.

W. Alfred McEwen

 

Sworn to and subscribed by the said W. Alfred McEwen before me Otto L. Coyle, Clerk of said Court, at Shelbyville, Indiana, the 13th day of November 1912.

Otto L. Coyle, Clerk  ( seal ) 

 

            Whereupon it is ordered adjudged and decreed by the Court that said instrument in writing purporting to be the last will of David Compton, deceased, is the last Will and Testament of David Compton deceased and is hereby admitted to probate and record in this Court.

Otto L. Coyle, Clerk

  Page 210

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 David Compton has been duly admitted to probate and duly proved by the testimony of W. Alfred McEwen one of the subscribing witnesses thereto that a complete record of said Will, and of the testimony of the said W. Alfred McEwen in proof thereof has been by me duly made and recorded in Book 6 at pages 208-209-210 of the records of Wills of said County.

            In Attestation Whereof, I have hereunto subscribed my name and affixed the seal of said Court at Shelbyville, Ind., this 13 day of November, 1912.

(seal)                                                                            Otto L. Coyle, Clerk   
Circuit Court Shelby Co.

Codicil:

            I, David Compton, do hereby make and publish this codicil to my last Will and testament hereto annexed bearing date the 9th day of May 1904 in the manner following, towit: ~ I hereby nominate constitute and appoint my said sons Walter Compton & Frank Compton Executors to act with and in connection with John Compton and Leonard Compton mentioned as executors in my last Will and testament of the above date they to act all without pay except for money paid out by them for their individual and other expenses which is to be paid back to them out of my estate.  I do also charge my son Edward Compton with the payment of a One Thousand (1000.00) Dollar note to John Nading for which I paid in full for him, the payment of said note by me not being mentioned in my last Will of May the 9th 1904 Hereby Ratifying and

 Page 211

confirming by said last will in all other respects I declare this to be a codicil to my last Will and testament.

            In Witness Whereof, I have hereunto subscribed my name and affixed my seal this 27th day of November, 1911.

David ( x ) Compton  ( seal )
(his mark)                      

J. A. Conger  ( seal )

State of Indiana, Shelby County, SS

            Be it remembered, that on the 13th day of November A.D. 1912 the 33rd Judicial day of the October Term of the Shelby Circuit Court in said year come into open Court Frank Compton and produces in Court an instrument in writing purporting to be a codicil to the last Will and Testament of David Compton deceased and now move the admittance thereof to probate and record and in proof of said Will introduces John A. Conger the subscribing witnesses thereto being duly sworn by the Clerk of said Court, on oath declare and testify as follows, that is to say, That on the 27th of November 1911 he saw the said David Compton sign his name to said instrument in writing as and for his codicil to last Will and Testament and that this deponent at the same time heard the said David Compton delcare the said instrument in writing to be a codicil tohis last Will and Testament and that the said instrument in writing was, at the same time at the request of the said John A. Conger and in the presence of said testator and in the presence of each other as subscribing witnesses thereto and that the said David Compton 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

Page 212

 

any coercion on restraint as the said deponent verily believes and further deponent says not.

John A. Conger   

Sworn to and subscribed by the said John A. Conger, before me, Otto L. Coyle, Clerk of said Court at Shelbyville, Indiana the 13th day of November 1912.

(seal)                                                                 Otto L. Coyle, Clerk

            Whereupon it is ordered, adjudged and decreed by the Court that said instrument in writing purporting to be be last Will of David Compton deceased is the last Will and Testament of David Compton deceased and is hereby admitted to probate and record in this Court.

Otto L. Coyle, Clerk

 

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 David Compton has been duly admitted to probate and duly proved by the testimony of John A. Conger, one of the subscribing witnesses thereto, that a complete record of said Will and of the testimony of the said John A. Conger, in proof thereof, has been duly made and recorded in Book 6, at pages 208-209-210-211-212 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, Indiana the 13th day of November 1912.

(seal)                                                                Otto L. Coyle        
Clerk of Shelby Co. Court

Transcribed by Antoinette Waughtel Sorensen

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