Will and Testament
of
Henry Lemasters Sr.
In the name of the Eternal Father of all, I Henry Lemasters Sen.
of Shelby County and state of Indiana being of lawful age and of sound mind and
memory do make and publish this my last will and testament
1st I devise bequeath and will all my property, real and
personal chares in action and property of whatsoever kind I have and hold to my
beloved wife Susan Lemasters to have and to hold to use and
enjoy during her widowhood and during her natural life if she shall so long
remain my widow Susan Lemaster
but in case she shall marry another man I then devise my property
aforementioned equally to my eleven children if living viz: John
Lemaster Samuel Lemasters Sauvire Thompson
alias Sauvire Lemasters Lewis Lemasters
Edward Lemasters Henry Lemasters William Lemasters
Marshall D Lemasters Arminta Fenn alias Arminta
Lemasters, Jacob Lemasters and James Otis
Lemasters and to the descendants of any who may be dead but
before said equal division is made.
I give to my said son Jacob
and James Otis Lemasters One thousand dollars each in money
and other personal property of the kinds and value, not already received by my
other nine children above mentioned
2nd I request my dear wife Susan to first
pay all my just debts
3rd I request that my dear wife Susan care
for, keep up, maintain and keep in as good condition as the same now is all the
buildings and improvements now situate, and on the land by us conveyed by
warranty deed of November 29" 1877 to our two sons Jacob Lemasters
James Otis Lemasters wherein we reserved the use and control of said
lands therein mentioned during each of our naturel[sic] lives, as long as she
may live.
4th I request that my dear wife Susan care
for raise up send to school and educate our two minor sons Jacob
and James Otis Lemasters; and that she give them such an
education as she in her said discresion[sic] shall deem proper and right, she
being the sole Judge as to the education they shall receive.
5th As I have already given to all my children respectively,
save the two last named the following property as an advancement to them of my
estate upon final settlement, and they having accepted the same as such
advancement, towit: to each one two horses, one saddle, bridle and halter,
one cow, six head of sheep, one freedan suit, household and kitchen furniture of
the value of $50.00 and Bed and bedding of the value of = 75.00
and mony[sic] to the value or sum of $100.00 and all the above enumerated
articles of the aggregate value of $1534
or an equivolent[sic] of the above articles or any of them in money
I therefore request my dear wife to give to each of my two sons Jacob and James
Otis Lemasters any or all the property of like kinds and value above mentioned
in this clause of my will, or its such parts as she in her Judgment believes
they require it and aught to have the same and I request further that she charge
each of them with each article of property for with so much money therefor
mentioned in this clause above when given them as an advancement to them of my
estate upon final settlement and said property, thus given and named herein
shall be and include all the property referred to in the first clause of this
will, in the property of the kinds and value now already received by my other
nine children above mentioned. and when the two last named sons
shall have received all property in this clause mentioned or its equivolent
thereof in money, and the one thousand dollars each as provided for, in clause
one herein, then, my eleven named children shall receive the remainder of all my
property equally at the marriage of my widow Susan and in case she shall not
marry again then at her death they shall have the same
6th I request my dear wife in case she shall marry another man
and the distribution be made of my property as above provided, to receive the
One thousand dollars each provided for my two sons Jacob and James Otis
Lemasters and hold the same for them until they shall have arrived at the
ages respectively of twenty one years at which time I request she pay said sums
of money to each of them and in case she shall not marry again then I request
likewise that she do not pay to them said sums of money untill[sic] they have
arrived at said ages respectiveli[sic]
7th I request my dear wife to set apart and alot the sum of
fifteen hundred dollars in money belonging to me and hereby bequeathed to her to
be used in paying and defraying all expences[sic] of the last sickness funeral
expences and to pay for the purchase of tombstones for te graves of myslef and
my dear wife Susan and I request that mywife use such a portion of said sum of
1,500$ as may be required to defray the expences of my last sicknesses and
funeral expense: and that she use such other portion of said sum of money
for the purchase of Tombstones for the grave of myself, as she desires, and as
she in her judgment deems proper and right
8th I hereby revoke any and all former will here to for made
by me
9th I request that my executor do not be required to gaive[sic]
any bond, nor to file any inventory of my property
10 I hereby nominate and appoint my dear wife Susan Lemaster
sole executor of this my last will and testament
In witness whereof I hereunto set my hand and seal this 10" day of December
A.D. 1877
Henry Lemasters {{seal}}
We the undersigned witnesses in the presence of the testator herein, and at his
special instance and request, and in the presence of each other do hereby
witness and attest the signiture[sic] and singning[sic] of the will herein by
the testator thereof and do hereby sign the same as said attestor witness in the
presence of each other this 10" day of December AD. 1877
Robert Caudell {{seal}}
David L. Wilson {{sea;}}
The state of Indiana Shelby County ss:
Be it remembered that on the 26"
day of July 1894 David L Wilson one of the subscribing witnesses to the within
and foregoing last will and testament of Henry Lemasters late of said county,
deceased personally appeared before John R. Sedgwick clerk of the Circuit court
of Shelby County in the state of indiana and being duly sworn by the clerk of
said court upon this oath declared and testified as follows that is to say that
on the 10" day of December 1877 he saw the said Henry Lemasters Sr 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 Henry Lemasters Sr 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
Henry Lemasters Sr and with is consent attested and subscribed by the
said David L Wilson & Robert Caudell in the presence of each other as
subscribing witnesses thereto, and that the said Henry Lemasters Sr was, at the
time of the signing 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
David L. Wilson
Sworn to and subscribed by the said David L Wilson before me John R. Sedgwick
clerk of said court at shelbyville the 26" day of July 1877
John R. Sedgwick clerk
In attestation whereof I have hereunto subscribed my name and affixed the seal
of said court
John R. Sedgwick
State of Indiana Shelby county ss:
I John R. Sedgwick clerk of Circuit Court of shelby county Indiana do hereby
certify that within annexed will and testament of Henry Lemasters Sr has been
duly admitted to probate and duly proved by the testimony of David L Wilson one
of the subscribing witnesses thereto that a complete record of said will and of
the testimony of the said David L Wilson in proof thereof has been by me duly
made and recorded in Book 3 at page [170, 171, 172, 173 and 174] 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 this 26" day of July 1894
John R. Sedgwick
Clerk Circuit Court Shelby County
Transcribed by Phyllis Miller Fleming
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