Last Will and Testament
of
George P. Stewart,
deceased
Page 115
Shelby County, State of Indiana
Book 7 ~ Pages 115, 116 & 117
24 April 1916
I, George P. Stewart, of Shelby County in the State of Indiana, hereby make and publish this my last Will and Testament hereby revoking all former Wills made by me, to wit:
Item One. I hereby give, will, devise and bequeath to my wife, Emily Stewart, all my property of every kind and description real and personal, and mixed, except the notes hereinafter named, to have and to hold for and during the term of her natural life, and for that term only, subject to the payment of all of my just debts, the amount of which my wife, Emily Stewart, shall pay to my Executor hereinafter named. The amount of such debts and liabilities of my estate, including all of my just debts existing at the time of my death and the costs and expenses of the settlement of my estate are hereby made a charge and a lien upon the said life-estate as devised to my said wife, and my said wife shall pay the same to my said Executor as aforesaid. The devise and bequest herein made to my said wife shall be and is in full and in lieu of all of her rights in my estate under the laws of the State of Indiana.
Item Two. I hereby give, will, devise and bequeath to my son Manford A. Stewart, the following real estate located in Orange Township, Rush County, Indiana, to be held and owned by him absolutely and in fee-simple, subject to the said life-estate of my said wife, as aforesaid, towit: The North-west Quarter of the South-west Quarter of Section Twenty-three (23) in Township Twelve (12) North and Range Eight (8) East, containing Forty (40) Acres, more or less, said land being the North-west Forty Acres of my farm of One Hundred and Twenty Acres, located in said Orange Township.
I hereby give , will, devise and bequeath to my said son, Manford A. Stewart, the certain promissory note, executed by him to me in the sum of One Hundred and Twenty-five ($125.00) Dollars, which I now hold against him, and I direct that he shall not be liable to my estate in any amount on account of said note.
Item Three. I hereby give, will, devise and bequeath to my son, Elmer S. Stewart, the following real estate located in Orange Township, Rush County, Indiana, to be held and owned by him absolutely and in fee-simple, subject to the life-estate herein given to my said wife, as aforesaid towit: The North-east Quarter of the South-west Quarter of Section Twenty-three (23) in Township Twelve (12) North and Range Eight (8) East, containing Forty Acres more or less, said land being the North-east Forty Acres of my farm of One Hundred and Twenty Acres, located in said Orange Township.
I also hereby give, will, devise and bequeath to my said son, Elmer S. Stewart, his certain promissory note, executed by him to me, in the approximate sum of Six Hundred Dollars, which I now hold against him, and I direct that he shall not be liable to my estate in any amount on account of said note.
Item Four. I hereby give, will, devise and bequeath to my daughter, Cora E. Mook, the following real estate, located in Orange Township, Rush County, Indiana, to be held and owned by her absolutely and in fee-simple, subject to the said life-estate of my said wife as aforesaid, towit: The South-west Quarter of the south-west Quarter of Section Twenty-three (23) in Township Twelve (12) North, and Range Eight (8) East, containing Forty (40) Acres, more or less, said land being the south-west Forty Acres of my farm of One Hundred and Twenty Acres located in said Orange Township.
I also hereby will, devise and bequeath to my said daughter Cora E. Mook, her certain promissory note executed by her to me, in the approxomate sum of Six Hundred Dollars, which I now hold against her and I direct that she shall not be liable to my estate in amount on accound of said note.
Item Five. I hereby give, will, devise and bequeath to my said children, Manford A. Stewart, Elmer S. Stewart and Cora E. Meek, subject to the life estate of my said wife, herein
~ ~ ~ ~ ~ ~
Page 116
all of the residue of my personal property to be held and and owned by them in equal proportions as their absolute property. It is my will that in the event either of my said children shall die before my death, that the descendants of such deceased child shall take the part of my real and personal property which their parent would have taken if living at the time of my death. It is further my will that my said wife, Emily Stewart, shall have the property as devised to her in Item One hereof, for and during the term of her natural life and shall have the use, rents and profits of the same during such time, subject to the payment of my said debts and the expenses of administration of my said estate as aforesaid.
The reason that I make a distinction between and among my said children in the devise of my personal property herein, is, that I have heretofore given to my said son, Manford A. Stewart certain horses and other personal property which I deem to be equal in value to the difference between the bequest to him and the bequests herein made to each of my said other children.
Item Six. I hereby appoint my said son, Manford A. Stewart, Executor of this my last Will and Testament.
In Testimony Whereof, I have hereunto set my hand and seal, this the 19th. day of November, 1915.
/s/ George P. Stewart
Signed and subscribed by the said George P. Stewart and acknowledged by him to be his last Will and Testament in our presence and attested by us as such at his request in his presence and in the presence of each other this 19th. day of November, 1915.
{ Flora E. Snyder
Witnesses. {
{ Herbert C. Jones
State of Indiana, Shelby County, SS:
Be it remembered, that on the 24" day of April, A.D., 1916, the . . . . . . judicial day of the February Term of the Shelby Circuit Court in said year, come into open Court Manford A. Stewart and produced in Court an instrument in writing purporting to be the last Will and Testament of George P. Stewart, deceased, and now moves the admittance thereof to probate and record, and in proof of said Will introduces Herbert C. Jones 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 19th day of November, 1915 he saw the said George P. Stewart 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 George P. Stewart 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 George P. Stewart and with his consent attested and subscribed by the said Herbert C. Jones and Flora E. Snyder in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said George P. Stewart 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.
~ ~ ~ ~ ~ ~
Page 117
Sworn to and subscribed by the said Herbert C. Jones before me Cecil B. Collins, Clerk of said Court, at Shelbyville Indiana, the 24" day of April 1916.
/s/ 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 George P. Stewart deceased, is the last Will and Testament of George P. Stewart deceased, and is hereby admitted to probate and record in this Court.
/s/ 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 George P. Stewart has been duly admitted to probate, and duly proved by the testimony of Herbert C. Jones one of the subscribing witnesses thereto, that a complete record of said Will, and of the testimony of the said Herbert C. Jones in proof thereof, has been by me duly made and recorded in Book 7 at Pages 115, 116 & 117 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 24" day of April 1916.
{ SEAL } Cecil B. Collins, Clerk
Circuit Court Shelby County
ELECTION OF WIDOW.
State of Indiana, Shelby County, SS:
I, the undersigned, hereby state that I am the widow of George P. Stewart deceased, who departed this life testate, in Shelby County, Indiana, on the 7th day of April, 1916. I further state that I have examined the last Will and Testament of said George P. Stewart and that the same has been read to me. I further state that I am acquainted with and thoroughly understand the terms and provisions of said Will including the provisions therein made for me, and I hereby elect to and do hereby accept the provisions therein made in my behalf in the lands and personal property of my said husband, which I hereby accept in lieu of all my rights in all real and personal property of my said husband under the laws of the State of Indiana. That the said will of my said husband is dated November 19th, 1915, and is recorded in Will Record 7 page 115 of the records of the Clerk of said County.
/s/ Emily Stewart
State of Indiana, }
SS:
County of Shelby, }
Before me the undersigned a Notary Public in and for said County and State, personally appeared the above named Emily Stewart who acknowledged the execution of the above and foregoing instrument for the uses and purposes therein named.
Witness my hand and Notarial Seal, this 26th day of April, 1916.
My Commission expires Aug. 8th. 1916
Flora E. Snyder Notary Public. { SEAL }
Transcribed by Antoinette Waughtel Sorensen
Will Index Main Page