Page 135
Last Will and Testament
of
Mary E. Waggoner,
Deceased.
Shelbyville,
Shelby County, State of Indiana
Book 7 ~ Pages 135 & 136
2 June 1916
I, Mary E. Waggoner of Shelbyville, Shelby County, in the State of Indiana, do make, publish and declare this to be my last will and testament, and do hereby revoke any and all former wills and codicils by me at any time here to fore made.
Item one: - I direct that all my just debts and funeral expenses shall, by my executor hereinafter named, be paid out of my estate, as soon after my decease as shall by him be found convenient.
Item Two: - I give and bequeath to my daughter Nellie E. Young to be held by her absolute, all household and kitchen goods and furniture, including all beds and bedding and all books and pictures by me owned at the time of my death.
Item Three: - I make no provisions for the children of my deceased daughter Mary Vanlandingham, for the reason that she received her full portion and share of my property by way of advancements by me to her during her lifetime.
Item Four: - I do however hereby invest my executor with full power in the exercise of his duties to carry out the provisions of this will to sell and convey in fee simple the following Real Estate in Shelby County, In the State of Indiana towit:
The East Half of lot number sixty eight (68) on the North side of John Street, in Flether and McCarty's Addition to the city of Shelbyville, Indiana.
Item Five: - All the residue and remainder of my property and Estate whatever and wherever I give, bequeath, and devise to my children Samuel Waggoner, Flora McQuire, Frank Waggoner, Katie Leeds and Nellie E. Young share and share alike
Item Six: - I do herey nominate and appoint William W. Tindall to be the executor of this, my last will and testament, I have hereunto set my hand and seal this 26 day of April A.D. 1916.
Attest. William W. Tindall /s/ Mary E. ( her X mark ) Waggoner { SEAL }
The foregoing instrument, signed, sealed and acknowledged by said Mary E. Waggoner as and for her last will and testament, in our presence, who at her request, in her presence and the presence of each other, have subscribed our names as Witnesses thereto this 26th day of April A.D. 1916.
/s/ Sarah E. Henry
Witnesses.
/s/ Urus E. Tindall
State of Indiana, Shelby County, SS:
Be it remembered, that on the 2nd day of June, A.D., 1916 the . . . . . . judicial day of the May Term of the Shelby Circuit Court in said year, come into open Court Urus E. Tindall and produces in Court an instrument in writing purporting to be the last Will and Testament of Mary E. Waggoner, deceased, and now moves the admittance thereof . . to probate and record, and in proof of said Will introduced Urus E. Tindall the subscribing witnesses thereto, who being duly sworn by the of said Court, on oath, declare and testify as follows, that is to say: That on the 26th day of April 1916 he saw the said Mary E. Waggoner sign her name to said instrument in writing as and for her last Will and Testament; and that this deponent, at the same time, at the request of the said Mary E. Waggoner and with her consent attested and subscribed by the said Urus E. Tindall and Mary E. Henry in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said Mary E. Waggoner 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.
/s/ Urus E. Tindall
Sworn to and subscribed by the said Urus E. Tindall before me Cecil B. Collins Clerk of said Court, at Shelbyville Indiana, the 2nd day of June 1916.
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Page 136
Whereupon it is ordered, adjudged and decreed by the Court that said instrument in writing purporting to be the last Will of Mary E. Waggoner deceased, is the last Will and Testament of Mary E. Waggoner 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 Mary E. Waggoner has been duly admitted to probate, and duly proved by the testimony of Urus E. Tindall in proof thereof, has been by me duly made and recorded in Book 7 at Pages 135 & 136 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 2 day of June 1916.
/s/ Cecil B. Collins Clerk
{ SEAL } Circuit Court Shelby County
Submitted by Antoinette Waughtel Sorensen
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