Last  Will  and  Testament
of
Edward  Small,
deceased

I,  Edward Small, a resident of the City of Shelbyville, Shelby County in the State of Indiana do hereby make, publish and declare this to be my last will and testament, hereby revoking any all former wills by me heretofore made.

Item 1.   I direct that as soon as possible after my decease all of my just debts and funeral expenses be paid out of my personal estate, by my executrix hereinafter named.

Item 2.   It is my will and I do hereby order and direct that as soon as possible after my decease, my executrix hereinafter named, shall collect all notes and accounts due me, and shall collect all moneys due me in the hands of any Building and Loan or Building Association, and out of such amounts so collected I devise and bequeath to each of my grand-children, living at the time of my decease, the sum of Two Hundred Dollars, in cash, and all of the moneys so remaining in the hands of my executrix from the above mentioned sources, after the payment of the above mentioned bequests to my said grand-children, I give, devise and bequeath to my six children, vis:  Wilber Small,  Charles Small,  Frank Small,  George Small,  John Small  and  Estella Small  to have and to hold the same as their individual pre-party share and share alike.  In the event either of my said children shall die before my decease leaving a child or children, then the share that would have gone to the deceased parent, if living, shall go to the child or children so surviving.  In the event either of my said children shall die before my decease leaving no child or children then in that event the share that would have gone to such deceased child, is living, shall go to my remaining children living at the time of my decease and to the survivors of such as may be dead.

Item 3.   I give, devise and bequeath to my beloved wife,  Mary Small  all of the household goods and kitchen furniture as of any and all kinds, owned by me at the time of my decease, and also all shares of stock owned by me in the Citizens Natural Gas Oil and Water Company of Shelbyville Indiana, and the Shelby County Joint-Stock Agricultural Association, to hand and to hold as her individual property forever.

I further give, devise and bequeath to my beloved wife Mary Small Lots numbered Seventy Seven (77) and three hundred and six (306) in the Industrial Addition to the City of Shelbyville Indiana to have and to hold as her individual property forever in fee simple. All of which I bequeath and devise to my said wife, Mary Small, in lieu of her rights by descent or otherwise in my real and personal estate under the laws of the State of Indiana.

The reason I have not made a larger bequest to my said wife is that I have heretofore given to her in fee simple certain real estate on Mechanic and West Streets in the City of Shelbyville Indiana of a value which I estimate to be from $8000.00 to $10000.00.

Item 4.   It is my will and I do hereby order and direct that the bonds held and now owned by me in the Forest Hill Cemetery, In Shelby County Indiana be sold by my Executrix herein after named and the proceeds derived therefrom be invested towards the purchase of a family monument to be erected on my lot in said cemetery.

Item 5.   It is my will and I do hereby order and direct that my executrix hereinafter named shall sell and convert into cash all of the real estate to which I may die seized, except the real estate herein above in item three bequeathed, upon such conditions, orders and terms as may be made by the Shelby Circuit Court of Shelby County Indiana, and all of the proceeds derived from the sale of said real estate, after the payment of all of the costs and expenses incurred therein, I give, devise and bequeath to my six children, vis:  Wilber Small,  Charles Small,  Frank Small,  George Small,  John Small  and  Estella Small,  share and share alike, taking into consideration and deducting from the share so given and bequeathed to each of my said children any and all advancements made by me to them upon their prospective interest on shares in my estate, and also deducting from the share of each of them the amount of any and all moneys due me from them.

In the event either of my said children shall die before my decease leaving a child or children then he share which would have gone to the deceased parent, if living shall go to the child or children as surviving.

In the event either of my said children shall die before my decease having no child or children then the share which would have gone to such deceased child, if living, shall go to my remaining children living and to the survivors of such as may be dead.

Item 6.   It is my will and I do hereby direct that in the event either of my children or heirs shall desire to purchase any portion of the real estate of which I may die seized, then and in that event they shall have the privilege of so doing by paying there for a price equal to that bid by any other bone fide purchase near or bidder

Item 7.   I do hereby direct that upon the sale of my real estate as hereinabove in item five provided, that the occupant or tenant of the real estate so sold shall not be required to deliver up the possession thereof until after a notice of ninety (90) days from the date of the sale of said real estate shall be given to him.

Item 8.   I do hereby constitute and appoint my wife Mary Small as executrix of this my last will and testament, to serve as such without the execution of any bond.

Item 9.   I do hereby revoke any and all other wills by me heretofore made.

In Witness whereof I have hereunto set my hand and seal this 10th day of May 1910.

Edward Small   ( SEAL )

Signed sealed and acknowledged by the above named Edward Small as his last will and testament in our presence and signed by us as attesting witnesses thereto at his request in his presence and in the presence of each other this May 10, 1910.

Charles W. Culbertson
Everet E. Stroup.


State of Indiana, Shelby County, SS:

Be it remembered, that on the 6th day of January, A.D., 1917 the sixth judicial day of the January Term of the Shelby Circuit Court in said year, come into open court Mary Small and produces in court an instrument in writing purporting to be the last Will and Testament of Edward Small, deceased, and now moves the admittance thereof to probate and record, and in proof of said Will introduces Everet E. Stroup one of 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 10th day of May 1910 he saw the said Edward Small 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 Edward Small 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 Edward Small and with his consent attested and subscribed by the said Everet E. Stroup and Charles W. Culbertson in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said Edward Small 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.

Everet E. Stroup.

Sworn to and subscribed by the said Everet E. Stroup before me Cecil B. Collins Clerk of said Court, at Shelbyville Indiana, the 6th day of January 1917.

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

Cecil B. Collins Clerk.


State of Indiana, Shelby County, SS:

I, Cecil B. Collins Clerk of the Circuit Court of Shelby County, Indiana, do hereby certify that the within annexed Will and Testament of Edward Small has been duly admitted to probate, and duly proved by the testimony of Everet E. Stroup one of the subscribing witnesses thereto, that a complete record of said Will, and of the testimony of the said Everet E. Stroup in-proof thereof, has been by me duly made and recorded in Book 7 at Pages 185, 186 and 187 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, this 6th day of January 1917.

Cecil B. Collins, Clerk    
(SEAL) Circuit Court Shelby County.




CODICIL.

I, the undersigned, Edward Small, a resident of the city of Shelbyville, Shelby County in the State of Indiana, having heretofore on the 10th day of May 1910 duly made and executed my last will and testament of that day, and being desirous of making some changes therein and in regard thereto, I the undersigned Edward Small, do hereby make, publish and declare this to be a codicil to my said will, and make the same a part thereof, and attach the same thereto, and I do hereby will and direct that the same in all things be so taken.

Item 1.   I give, devise and bequeath to my beloved wife  Mary Small  the following described real estate in the City of Shelbyville, Shelby County, Indiana, towit:   Beginning at a point on the North line of Mechanic Street sixty one and one half (61 1/2) feet east of a point where the North line of Mechanic Street intersects the East line of West street in the city of Shelbyville Indiana, and running thence East along the North line of said Mechanic Street to the south east corner of Lot Number four (4) on New York Street in James Davidsons Addition to the town (now city) of Shelbyville, Indiana, thence North along the East line of said Lot number four, one hundred and forty six (146) feet; thence West sixty one and one half (61 1/2) feet; and thence South to the place of beginning, to have and to hold the same for and during the term of her natural life, or so long as she shall remain my widow, and upon her death or upon her marrying again, then and in either of said events it is my will and I do hereby order and direct that said real estate above described shall be sold upon the order of the Shelby Circuit Court of Shelby County Indiana, and all of the proceeds derived from the sale of said real estate which shall remain after this payment of all of the cost and expenses incurred therein, I give, devise and bequeath to my children living and to the descendants of such as may be dead, such descendants to take the share the parent would have taken if living.

Item 2.   In all other respects I reaffirm all of the other provisions contained in my said last will and testament.

In witness whereof I have hereunto to set my hand and seal this 27th day of January A.D. 1916.

Edward Small     ( SEAL )

Signed, sealed and acknowledged by the above named Edward Small as a codicil to his last will and testament in our presence, and signed by us as attesting witnesses, thereto, at his request, in his presence and in the presence of each other this January 27, 1916.

Charles W. Culbertson
Everet E. Stroup.      



State of Indiana, Shelby County, SS:

Be it remembered, that on the 6th day of January, A.D. 1917 the sixth judicial day of the January Term of the Shelby Circuit court in said year, come into open court Mary Small and produces in Court an instrument in writing purporting to be a codicil to the last Will and Testament of Edward Small, deceased, and now moves the admittance thereof to probate and record, and in proof of said codicil to said Will introduces Everet E. Stroup one of 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 27th day of January 1916 he saw the said Edward Small sign his name to said instrument in writing as and for a codicil to his last Will and Testament; and that this deponent, at the same time, heard the said Edward Small declare he said instrument in writing to be a 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 Edward Small and with his consent attested and subscribed by the said Everet E. Stroup and Charles W. Culbertson in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said Edward Small 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.

Everet E. Stroup

Sworn to and subscribed by the said Everet E. Stroup before me Cecil B. Collins Clerk of said Court, at Shelbyville Indiana, the 6th day of January, 1917.

Cecil B. Collins, Clerk.

Whereupon it is ordered, adjudged and decreed by the court that said instrument in writing purporting to be a codicil to the last Will of Edward Small deceased, is a codicil to the last Will and Testament of Edward Small deceased, and is hereby admitted to probate and record in this court.

Cecil B. Collins Clerk


State of Indiana, Shelby County, SS:

I, Cecil B. Collins Clerk of the Circuit Court of Shelby County, Indiana, do hereby certify that the within annexed codicil to the last Will and Testament of Edward Small has been duly admitted to probate, and duly proved by the testimony of Everet E. Stroup one of the subscribing witnesses thereto, that a complete record of said Codicil to said Will, and the testimony of the said Everet E. Stroup in proof thereof, has been by me duly made and recorded in Book 7 at Pages 186 & 187 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, this 6th day of January 1917.

( SEAL )   Cecil B. Collins, Clerk Circuit Court Shelby County.


Transcribed by Jeanette Crane

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