Will of
John  H.  Brown


          I,  John H. Brown, of Shelby County, Indiana, do hereby make, declare and publish the following as my last Will and Testament, hereby revoking all former Wills and Codicils by me at anytime heretofore made.

          Item 1.  I will and direct that all of my just debts, funeral expenses, and the expense of Administration of my Estate, be first paid out of my personal Estate if sufficient.

          Item 2.  I will and devise to my son Charles S. Brown all that portion of the following described real estate which lies West of the center of the road running from Manilla to Marion in Shelby County, Indiana, and known as the Marion road;  Being a part of Sections Seventeen (17) and sixteen (16) in Township Thirteen (13) North, Range eight (8) East in the District of lands offered for sale at Brookville, Indiana, commencing at the South-East corner of the North East Quarter of sections Seventeen (17) running eighty poles North; thence East eighty poles in Section sixteen (16); thence North eighty (80) poles to the line of said section; thence West to the West bank of Little Blue River at low water mark; thence South Westwardly with the said river to William Cottens line; thence East to the place of beginning all in Shelby County, Indiana.

          Item 3.  I will and devise to my daughter Fannie Walker all that portion of the land described in Item 2 of this Will which lies East of the center of the road running from Manilla to Marion in Shelby County, Indiana and known as the Marion road.

          Item 4.  I will and devise to my daughters Mollie Brown  and  Katy Linville in equal proportions and to each the undivided one half part in value thereof; the following described real estate to wit:  Being one hundred and forty three (143) acres more or less and more particularly described in a certain deed executed by John Brown  and  Sarah Brown his wife of Hamilton County, Ohio March-17th, 1870, to John H. Brown of Shelby County, Indiana and recorded in deed Record XX on page 298 of the records of deeds of Shelby County, Indiana to which reference is hereby made for a more complete description; except two acres thereof heretofore deeded by me to Mollie Brown and  Landy Brown.

          Item 5.  I will and devise to my great grand child William Cotton the following described real Estate situated in Shelby County, Indiana to wit:  Fifty acres of the South end of the East half of the South East quarter of Section Twelve (12) in Township Thirteen (13) North of Range Seven (7) East; Being the land deeded to me by Landy H. Branson Commissioner on October 15, 1881 by deed recorded in deed record 69 on page 505 of the records of Shelby County, Indiana.  If my said great grandchild shall die before or after my death, and before he arrives at the age of twenty-one years, leaving him surviving no wife or children, then in that event said real estate shall go to and vest in fee simple and in equal proportions and share and share alike to my five children,  Charles S. Brown,  Fannie Walker,  James L. Brown, Mollie Brown, and  Kate Linville.  If either of my said five children should not be living at the time said real estate would vest in them under the foregoing provision then the share of such deceased child should go to and vest in the same persons and in the same proportions who would take the same under the law of decedents if said deceased child had died the owner of such share intestate.

          Item 6.  I will and devise to my son James L. Brown and Dorothy Brown his wife, the undivided one third part in value of my house and lot, situated on Pike Street in the City of Shelbyville, Indiana, and I will and devise to my daughters, Kate Linville and Fannie Walker each the undivided one third part in value of said real estate.

          Item 7.  I will and devise to my son Charles S. Brown, my daughter, Molly Brown, and my great grand child William Cotton in equal proportions, and share and share alike my real estate situated in the town of Manilla in Rush County, Indiana which consists of two houses and lots situated in said town.

          Item 8.  I will and devise and bequeath all of the residue of my Estate of which I may be the owner at the time of my death to my five children Charles S. Brown, Fannie Walker, James L. Brown, Mollie Brown and Kate Linville in equal proportions and share and share alike.

          Item 9.  The reason I have not given my son James L. Brown a greater part of my Estate by this Will is because I have recently conveyed to him and his wife Dorothy Brown Fifty eight and one half acres of land.

          Item 10.  I hereby nominate and appoint Thomas K. Mull of Manilla, Rush County, Indiana as Executor of this my last Will. In Witness Whereof I have hereunto set my hand and seal this 6th day of August, 1910.

John H. Brown   ( SEAL  )

          Signed, sealed and acknowledged by the said John H. Brown as his last Will 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 6th day of August, 1910.
Jacob G. Deprez
John A. Young


State of Indiana, Shelby County SS:
          Be It Remembered, that on the 17th day of December, 1911, Term of the Shelby Circuit Court in said year come into open Court  Thomas K. Mull and produces in Court an instrument in writing purporting to be the last Will and Testament of John H. Brown, deceased and now moves the admittance thereof to probate and record, and in proof said Will introduces Jacob G. Deprez and John A. Young 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 6th day of August, 1910 he saw the said John H. Brown and with his consent attested and subscribed by the said Jacob G. Deprez and John A. Young in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto and that the said John H. Brown 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 deponents says not.
Jacob G. Deprez
John A. Young

          Sworn to and subscribed by the said Jacob G. Deprez and John A. Young before me Otto L. Coyle Clerk of said Court at Shelbyville, Indiana the 17th day of January, 1912.
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 John H. Brown, deceased is the last Will and Testament of John H. Brown deceased, and is hereby admitted to probate and record in this Court.
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 John H. Brown has been duly admitted to probate and duly proved by the testimony of Jacob G. Deprez and John A. Young, the subscribing witnesses thereto, that a complete record of said Will and testimony of the said Jacob G. Deprez and John A. Young in proof thereof has been by me duly made and recorded in Book 6 pages 93-94-95 & 96 of the record of Wills of said County.
          In Attestation Thereof I have hereunto subscribed my name and affixed the seal of said Court at Shelbyville, Indiana this 17th day of January, 1912.
Otto L. Coyle - Clerk      
Circuit Court Shelby County

Transcribed by Barb Huff

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