Last Will and Testament
of
James A. Crisler
I, James A. Crisler, of Shelby County, Indiana, do hereby make and publish this as my Last Will and Testament.
Item 1. It is my will that all my just debts and funeral expenses and costs of administration be paid out of my personal property, not hereinafter disposed of by this will.
Item 2. I will and bequeath to my beloved son and daughter, William R. Crisler and Myrtle May Palmerton, respectively, two safes, a table, a bureau and a bedstead which were the property of their Mother in their lifetime and also her pictures.
Item 3. I will and bequeath to my beloved daughter, Amy Ethel Crisler, the piano which is now in my home.
Item 4. I will and bequeath to my beloved wife, Ethel Crisler, all the residue to my household goods not disposed of at Items 2 and 3 above.
Item 5. I will and bequeath to my beloved son, James Howard Crisler, the sum of two Hundred Dollars.
Item 6. I will and bequeath to my son, William R. Crisler, the sum of four Hundred Dollars.
Item 7. It is my will that the residue of my personal property shall be converted into cash, out of which my beloved wife shall be paid her statutory allowance of Five Hundred Dollars, and the residue applied to my debts, the special bequests above made, and as provided by law.
Item 8. I will and devise to my beloved wife, Ethel Crisler, for and during the term of her natural life, the East Half of the South East Quarter of Section Twenty-eight (28) in Township Twelve (12) North in Range Eight (8) East and then to her children by me, in the event any such shall be living, share and share alike, and in the event any such child or children shall die leaving a child or children surviving at the time of the death of my said wife then such deceased child's share shall go to its issue, and in the event none of my children by my said wife, Ethel Crisler, or their issue shall be living at the time of her death then I will and devise the said 80 acres of land to my son and daughter, William R. Crisler and Myrtle May Palmerton, respectively, share and share alike, and in the event either said William R. Crisler or Myrtle May Palmerton shall be deceased at the time of the death of my said wife, then his or her share shall go to his or her issue if any there be and if none then to the survivor of them, William R. Crisler or Myrtle May Palmerton.
Item 9. I will and devise to my beloved son, William R. Crisler, Thirty-three and one half (33-1/2) acres off of the entire East side of the following described tracts of land: Four and seventy-five hundredths (4-75/100) acres off of the entire West side of the East half of the North East Quarter of Section Thirty-three (33) in Township Twelve (12) North in Range Eight (8) East; also the west Half of the North East Quarter of Section Thirty-three (33) in Township Twelve (12) North in Range Eight (8) East; Also all that part of the West Half of the South East Quarter of Section Twenty-eight (28) in Township and range aforesaid which lies and is situated South of the Michigan Free Gravel Road.
Item 10. I will and devise to my beloved daughter Amy Ethel Crisler, Thirty (30) acres of land off of the entire North end of the following described tracts of land: The West Half of the North East Quarter of Section Thirty-three (33) in Township Twelve (12) North in Range Eight (8) East; Also all that part of the East Half of the South East quarter of Section Twenty-eight (38) in Township and range of aforesaid, except that part devised to William R. Crisler at Number Nine of this will.
Item 11. I will and devise to my beloved son James Howard Crisler, Thirty (30) acres off of the entire South end of the following described tracts of land: The West Half of the North East Quarter of Section Thirty-three (33) in Township Twelve (12) North in Range Eight (8) East; also all that part of the West half of the South East quarter of Section Twenty-eight (28) in Township Twelve (12) North in Range Eight (8) East; except that part devised to William R. Crisler at Number Nine of this will.
Item 12. I will and devise to my beloved daughter Myrtle May Palmerton for the term of her natural life Seventy-five and one fourth (75-1/4) acres of land off of the East side of Section Thirty-three (33) in Township Twelve (12) North in Range Eight (8) East, except Twenty-five (25) acres off of the entire East side thereof, and at her death to her child or children share and share alike, and in the event any child shall be dead at the time of the death of said Myrtle May Palmerton and shall leave a child surviving then such deceased child's share shall go to such child or children, and in the event any child of said Myrtle May Palmerton shall die without issue surviving then its share shall go to the surviving child or children share and share alike; and in the event said Myrtle May Palmerton shall die and leave no child or children nor the descendents of any child or children living then said lands shall go to my other children, William R. Crisler, Amy Ethel Crisler and James Howard Crisler, share and share alike or to their children if they shall be deceased.
Item 13. It is my will that if any of my devisees in this will shall contest this will, that such devisee or devisees as shall contest said will shall take no part of my estate.
Item 14. I hereby revoke all former wills by me made.
Item 15. I hereby nominate and appoint Earl Haymond to act as the executor of this my Last Will and Testament and direct him to carry out the provisions thereof, and direct him to employ Elmer Bassett as his attorney.
In Witness whereof I hereby and hereunto set my hand and seal this 20th day of April, 1912.
James A. Crisler
Signed and acknowledged by James A. Crisler as his Last Will and Testament in our presence and signed by us at his request as attesting witnesses in his presence and in the presence of each other, this 20th day of April, 1912.
William N. Bassett
Anderville Shaw
State of Indiana
Shelby County, SS:
Be it remembered that on the 6th day of January, A.D., 1919 the 1st judicial day of the January Term of the Shelby Circuit court in said year, come into open Court Earl Haymond and produces in Court an instrument in writing purporting to be the last Will and Testament of James A. Crisler, deceased, and now moves the admittance thereof to probate and record, and in proof of said Will introduces Anderville Shaw the subscribing witness 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 20th day of April, 1912 he saw the said James A. Crisler 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 James A. Crisler 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 James A. Crisler and with his consent attested and subscribed by the said Anderville Shaw and William N. Bassett in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said James A. Crisler was, at the time of the singing 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.
Anderville Shaw
Sworn to and subscribed by the said Anderville Shaw before me Elmer Bassett a Notary Public at Shelbyville, Indiana the 6th day of January 1919.
Elmer Bassett ( Seal )
Notary Public
My Com. Ex. Apr. 22-1919.
Whereupon it is ordered, adjudged and decreed by the Court that said instrument in writing purporting to be the Last Will of James A. Crisler, deceased is the last Will and Testament of James A. Crisler, deceased, and is hereby admitted to probate and record in this Court.
Gordon Thurston, Clerk
State of Indiana
Shelby County, SS:
I, Gordon Thurston Clerk of the Circuit Court of Shelby County, Indiana, do hereby certify that the within annexed Will and Testament of James A. Crisler, has been duly admitted to probate, and duly proved by the testimony of Anderville Shaw one of the subscribing witnesses thereto, that a complete record of said Will, and of the testimony of the said Anderville Shaw in proof thereof, has been by me duly made and recorded in Book 7 at Pages 364, 365 and 366 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, 1919.
Gordon Thurston, Clerk ( Seal )
Circuit Court Shelby County
Election of Widow to take under will.
In Re Last Will of James A. Crisler, deceased
Comes now Ethel Crisler, who is the surviving widow of James A. Crisler, deceased, and hereby states that at the death of the said James A. Crisler she was his lawful wife and is now ___ surviving widow. That she is fully informed as to the devises and legacies and the entire contents of the last will of her said deceased husband, James A. Crisler, which bearing date of April 20th 1912, and which was duly probated in the Shelby Circuit Court on the 6th day of January, 1919 and is recorded in Will Record Number 7 on pages 364 to 366 both inclusive in the office of the Clerk of said Court. And said Ethel Crisler in Consideration of the devise and bequests made to her and the pecuniary and other provisions made for her by the said will of her said deceased husband, and in consideration of additional payments of money made to her by William R. Crisler and Myrtle May Palmerton, two of the children of said decedent and devisees and legatees under his said will, does now hereby elect to take under the said last will and testament of her said deceased husband and hereby accepts the devise and bequests made to her and the pecuniary and other provisions made for her by the said Will, and fully accepts the terms and provisions of her said husband's last will disposing of his property and estate. In witness whereof the said Ethel Crisler has hereunto set her hand this 6” day of February 1919.
Ethel Crisler
State of Indiana
Shelby County, SS:
Before me the undersigned a Notary Public in and for said County and State of this 6” day of February, 1919 personally appeared the above named Ethel Crisler and acknowledged the signing and execution of the foregoing instrument of election to be her voluntary act and deed.
Witness my name and notarial seal this 6” day of February 1919.
Albert F. Wray
Notary Public
Commission Expires March 12, 1921
Transcribed by Linda Bianchi
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