Last  Will  and  Testament
of
Frank  N. Kent

I,  Frank N. Kent,  at this time a resident of Shelby County Indiana, and, being of sound and disposing mind and memory, do make, publish and declare this to be my last will and testament, hereby revoking all former wills by me made.

Item 1.   It is my will that all my just debts and funeral expenses be paid, as soon after my death as practicable.

Item 2.   I will devise and bequeath to my beloved wife,  Eida Nelson Kent,  for and during her term of natural life, and for that time only, the following, described real estate situated in Shelby County Indiana, to-wit:
The One hundred and four acres of real estate now owned by me, eighty acres of which is situated in Hendricks Township and the residue in Addison Township, Shelby County, Indiana.
Item 3.   I will, devise and bequeath to my surviving children and the descendants of those of my children that may be dead at the time of my decease, the said real estate mentioned in Item 2 of this will, to have and to hold the same in fee simple as tenants in common and subject to the life estate of my beloved wife therein and thereto, mentioned in Item 2 of this will.

It being my will that the descendants of those of my children that may be dead at the time of my decease, shall take the share and portion of the said real estate herein devised, by this Item of my will that their father or mother, being my deceased child, would take, if living at the time of my death. Provided however that the said real estate herein delivered by this Item of my will is charged with and subject to the payment of one half of my funeral expenses and expenses of administration and one half of all my debts and liabilities owing by me at the time of my death, including all mortgage indebtedness of the real estate herein devised by this Item of my will and the mortgage indebtedness on any and all other real estate owned by me at the time of my death.

Item 4.   If I should die without any child or children or his, her or their descendants surviving me then it is my will and I hereby will, devise and bequeath to my step-sister  Anne H. Kent  and my half sister  Laura Kent  the said real estate mentioned in Item 2 of this will, to have and to hold the same in joint tenancy and to the survivors of them subject to the life estate of my beloved wife therein and thereto mentioned in Item 2 of this will.  Provided however that the said real estate herein devised by this Item of my will is charged with and subject to the payment of one half of my funeral expenses and expenses of administration and one half of all my debts and liabilities owing by me at the time of my death, including all mortgage indebtedness on the real estate herein divided by this Item of the will and the mortgage indebtedness on any and all other real estate owned by me at the time of my death.

Item 5.   I will, devise and bequeath to my beloved wife, Eida Nelson Kent, all the residue and remainder of my property both real and personal or mixed, and of whatsoever kind and wheresoever situated, of which I may die seized, to have and to hold the said as her sole and absolute property and in fee simple.  Provided however that the property herein devised and bequeathed by this item of my will is charged with and subject to the payment of one half of my funeral expenses and expenses of administration and one half of all my debts and liabilities owing by me at the time of my death, including all mortgage indebtedness on the real estate herein devised by this item of my will and the mortgage indebtedness on any and all other real estate owned by me at the time of my death.

Item 6.   It is my will that the provision made for my beloved wife in Items 3 and 5 of this will shall be in lieu of her right as my widow to my property, both real and personal, under the laws of the State of Indiana or otherwise.

Witness my hand and seal this 10th day of January 1916, at the City of  Shelbyville Indiana.
Frank. N. Kent.   ( SEAL )


The foregoing instrument was signed, sealed and acknowledged by said Frank N. Kent, as and of his last will and testament, in our presence, and we, the undersigned, at his request in his presence and in the presence of each other have subscribed our names as witnesses hereto this 10th day of January 1916, at the City of Shelbyville Indiana.
Michael O. Sullivan.
Anderville Shaw.      



State of Indiana, Shelby County, SS:

Be it remembered that on the 10th day of February 1917 the 36th Judicial day of the January Term of the Shelby Circuit Court, in said year, come into open court Michael Sullivan and produces in Court an instrument in writing purporting to be the last will and testament of Frank N. Kent, deceased, and now moves the admittance thereof to probate and record, and in proof of said Will introduces Michael O. Sullivan one of  the subscribing witnesses thereto, who being duly sworn by the clerk of said court, on oath, declare and testifies as follows, that is to say:   That on the 10th day of  January 1916 he saw the said Frank N. Kent 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 Frank N. Kent declare the said instrument in writing to be this last will and testament, and that the said instrument in writing was at the same time, at the request of said Frank N. Kent and with his consent attested and subscribed by the said Michael O. Sullivan and Anderville Shaw in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said Frank N. Kent 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.
Michael O. Sullivan.


Sworn to and subscribed by the said Michael O. Sullivan before me Cecil B. Collins, Clerk of the said Court at Shelbyville Indiana the 10th day of  February 1916.
Cecil B. Collins, Clerk


Whereupon it is ordered, adjudged and decreed by the court that said instrument in writing purporting to be the last will of Frank N. Kent, deceased, is the last will and testament of Frank N. Kent 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 Frank N. Kent has been duly admitted to probate, and duly proved by the testimony of Michael O. Sullivan in proof thereof, has been made and recorded in Book 7 at Pages 210 and 211 and 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, this 10th day of  February, 1917.
Cecil B. Collins, Clerk
Circuit Court, Shelby Circuit Court.


ELECTION OF WIDOW

The undersigned Eida N. Kent as the widow of Frank N. Kent, deceased, late of Shelby County, Indiana who died testate on the 6th day of February 1917 and whose last will and testament has been duly admitted to probate by the Shelby Circuit Court of Shelby County Indiana, on the 10th day of February 1917 the same is duly record in Will record number seven at pages 196, 197 and 198 of the record of wills in the office of the clerk of said court hereby makes election as such widow, to take hold and retain her rights in and to the real and personal property of said deceased of which he died seized, under and by virtue of the laws of the state of Indiana notwithstanding the terms of the will of said decedent, and she refuses to accept any and all devise, devises or provisions wheresoever made by said will in her favor for or in lieu of heresaid statutory rights as such widow in and to said real and personal property and she hereby further elects to accept, hold and retain her rights and interest as such widow under the statutes of descent in and to the real and estate of her said husband, notwithstanding the terms of said will, and refuses to accept any provision in said will contained intended to be in lieu of her statutory rights as aforesaid in and to the real and personal property of said decedent.
Eida N. Kent



State of Indiana, Shelby County, SS:

On this 5th day of March 1917, personally appeared before me, the undersigned a notary public in and for said county and State, Eida N. Kent, widow of Frank N. Kent, deceased, to me well knows, and who having had the contents of the foregoing instrument fully explained to her, acknowledged the execution of the same as her voluntary act and deed.

Witness my hand and Notarial seal at Shelbyville Indiana, this 5th day of March 1917.
( SEAL )       M. O. Sullivan          
Commission expires March 15, 1920 Notary Public.

Transcribed by Jeanette Crane

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