Last  Will  and  Testament of
Ernest  Degelow

                                                                                                                                                                Page 130

State of Indiana, County of Shelby

Pages 130, 131, 132, 133 & 134

6 August 1891

I, Ernest Degelow of Shelby County, in the State of Indiana, being now of sound and disposing mind and memory, do make and publish this my last Will and Testament hereby revoking any and all wills by me at any time heretofore made.  

Item 1.  I do hereby will and bequeath unto my beloved wife Maria Degelow all my household and kitchen goods and furniture to be hers absolutely.

Item 2.  I do hereby will and devise unto my beloved wife Maria Degelow, all the real estate wheresoever situate of which I may die seized to have and to hold the same for and during the term of her natural life and at her death I will and direct that all said Real Estate shall be equally divided, share and share alike, among and between my children  Maria E. Degelow,  Frank W. Degelow,  Emaline H. Degelow,  Louis R. Degelow,  Lucy J. Degelow  and  Albert J. Degelow, to be by them held in fee simple, but should any of my said children die before my death or before the death of my said wife, their mother, then the share of the child so deceased shall go to his or her children surviving or to their descendants alive.

Item 3rd.  It is my will and I hereby direct that the partnership heretofore formed by written articles of partnership between myself and my sons Frank W. and Louis R. Degelow under the firms name of Ernest Degelow and sons shall after my death be carried on and continued under the said firm name, and in all respects and under the same conditions as at present by my said sons Frank W. and Louis R. Degelow until my youngest son Albert J. Degelow becomes of full age.  It is my further Will that my said wife Maria Degelow shall receive from said partnership after my death the same shares of the net proceeds of the partnership business that I myself am entitled to receive under the said

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articles of partnership for the comfortable support and maintenance of my said wife and of all my said children who shall remain at home with her.

  It is my further will that, when my youngest child, Albert J. Degelow, shall have become of age, a full inventory and appraisement shall be taken of all the property of said partnership including all stock in trade, and machinery, money on hand, or owing to said partnership and all other property of any and every kind and nature belonging thereto in the names and form provided for the appraisement of a decedents Estate, and when the value of all my interest in the said partnership property shall be thus ascertained then my said sons Frank W. and Louis R. Degelow, shall have the options to purchase all of my said interest or the one half of all said partnership property, and pay the value thereof to my said wife Maria Degelow, and all my said named children, in such proportions as are now provided for the settlement and division of an intestate decedents Estate, but should my said sons not wish so to purchase the said one-half or all my interest in the said partnership property then the same shall be sold by my Executors to the highest bidders upon the best practicable terms and the proceeds thereof divided amont my said wife and children in the manner provided by law for the settlement and division of an intestate decedent's Estate.

Item  4.  It is my will that all my just debts owing at my death and all the indebtedness of the said partnership be paid out of the net quarterly proceeds of said partnership business as fast and as soon as may be practicable after providing first for the comfortable maintenance of my said wife as directed in Item 3rd of this will. 

Item 5th.  I do hereby appoint and nominate to be the Executor of this my last Will

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and testatment my sons Frank W. and Louis R. Degelow, and reposing faith and confidence in their integrity and believing that they will deal justly and honestly with all the beneficiaries named in said will, hereby direct that they be not required to enter into and bond for the faithful discharge of their duties as such executors.

And in testimony of this my last Will and Testament I have hereunto set my hand and seal this 6th day of August A.D. 1891.

/s/ Ernest Degelow  (seal)

And now this 6th day of August A.D. 1891 the said Ernest Degelow in our presence in the City of Shelbyville, Indiana, signed and sealed the above instrument and declared the same to be his last Will and Testament, and we at the request of the said Ernest Degelow, and in his presence, and in the presence of each other have hereunto set our hands as subscribing witnesses to the said last Will and Testament.

/s/ Albert R. Chadwick
/s/ Edward H. Chadwick

State of Indiana, Shelby County SS:

            Be It Remembered That on the 15th day of March 1912, A.D. the 5th judicial day of the March term of the Shelby Circuit Court in said year come into open Court Frank W. Degelow and produces in Court an instrument in writing purporting to be the last Will and Testament of Ernest Degelow, deceased, and now moves the admittance thereof to probate and record, and in proof of said Will introduces Edward H. Chadwick, 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 6th day of August, 1891, he saw the said Ernest Degelow sign his name to said instrument in writing as and

Page 133

for his last Will and Testament, and that this deponent, at the same time, heard the said Ernest Degelow, 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 Ernest Degelow and with his consent attested and subscribed by the said Edward H. Chadwick and Albert R. Chadwick in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said Ernest Degelow 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.

/s/ Edward H. Chadwick

Sworn to and subscribed by the said Edward H. Chadwick before me Otto L. Coyle, Clerk of said Court, at Shelbyville, Indiana, the 15th day of March, 1912.

/s/ Otto L. Coyle, Clerk

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

                                                                                                /s/ 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 Ernest Degelow has been duly admitted to probate and duly proved by the testimony

Page 134

of Edward H. Chadwick one of the subscribing witnesses thereto that a complete record of said Will, and of the testimony of the said Edward H. Chadwick in proof thereof has been by me duly made and recorded in Book No. 6 at pages 130 - 131 - 132 - 133 and 134 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, that 15th day of March 1912.

( seal )          
Otto L. Coyle - Clerk  
Circuit Court Shelby County

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