Last Will and Testament of
May S. Sargent
I, May S. Sargent, at this time a resident of Shelby County, Indiana, being of sound and disposing mind and memory, do hereby make and declare this to be my last will and testament, here by revoking all former wills by me made heretofore made.
Item 1. I hereby direct my executor, as soon after my death as is practical,
to pay and
discharge all of my lawful debts and funeral expenses, including the expenses
of my last
sickness.
Item 2. After the payment of my debts and the expenses provided in Item one
above all
of the property so remaining, so owned by me at the time of my death, both
real and personal of whatsoever kind, I hereby will, devise and bequeath to William M. Patterson as Trustee to be held by said Patterson as trustee and in no other manner or capacity as follows, to-wit:
Said Patterson as such trustee shall have charge of and manage all, of the property so remaining after the payment by him of my debts and the expenses provided for in item one above, and after the payment of taxes and the expenses necessary in making necessary and needed repairs to the property so held in trust and the expenses incident to the execution of said trust, pay to my husband Harry M. Sargent all the balance of all the rents, interest or other income arising from any and all of said property, he the said Harry M. Sargent to use said income and profits as he sees fit or desires, said income, interest and profits to be paid to said Harry M. Sargent in installments at least four times per year and oftener if it shall be found necessary for his comfort, said payments to be made as above set out as long as said Harry M. Sargent shall live. Said trustee shall furnish a good and sufficient bond as such trustee as such trustee as provided by law and make reports to the Shelby Circuit Court as requiredby law. Said trustee shall not have power to either sell or mortgage any of the real estate so owned by me at the time of my death unless it shall be shown positively to the Shelby Circuit Court that such action is necessary in order to raise money for the wants of and necessities of said Harry M. Sargent. And if such showing is made to said court said court shall have the right to order said real estate sold to meet the needs of said Harry M. Sargent as may be found by said court to be necessary.
Upon the death of said Harry M. Sargent, said trust shall and and all the
remaining property so held by said trustee of whatsoever kind and nature
shall go to
Jennie J. Cremeans to be held by her absolutely and in fee simple.
All bills and expenses accounts in said trust to be submitted to said
Harry M.
Sargent before paid.
Item 3. I hereby nominate and appoint WILLIAM M. PATTERSON the executor of
this
my last will and testament.
And in testimony of this my last will and testament I have hereunto set
my hand
and seal this 21st day of October 1916.
May S. Sargent.
In our presence and hearing this 21st day of October 1916, May S. Sargent
signed and
sealed the above and foregoing instrument and declared the same to be her
last will and
testament, and we, the undersigned in her presence and hearing and in the
presence and
hearing of each other and at her request have hereunto subscribed our names as
witnesses, to and of said last will and testament this 21st day of October
1916.
Ernest Zimmerman Witness
C. P. Zike Witness
L. F. Barr (??) Witness
State of Indiana, Shelby County SS:
Be it remembered that on the 15th day of March, A. D., 1917 the 4th
judicial day
of the March Term, of the Shelby Circuit Court in said year, come into open
court
William M. Patterson and produces in court an instrument in writing
purporting to be the
last Will and Testament of May S. Sargent, deceased, and now moves the
admittance
thereof to probate and record, and in proof of said Will introduces Charles
P. Zike, one of
the subscribing witnesses thereto, who being duly sworn by the Clerk of said
Court, on
oath, declare and testifies as follows, that is to say: That on the 21st day
of October
1916, he saw the said May S. Sargent sign her name to said instrument in
writing as and
for her last will and Testament; and that this deponent, at the same time,
heard the said
May S. Sargent declare the said instrument in writing to be her last will and
testament
and that the said instrument in writing was, at the same time, at the request
of the said
May S. Sargent and with her consent attested and subscribed by the said
Charles P. Zike,
Ernest Zimmerman and L. F. Barr (???) in the presence of said testator, and
in the
presence of each other, as subscribing witnesses thereto, and that the said
May S. Sargent
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.
Charles P. Zike
Sworn and subscribed by the said Charles P. Zike before me Cecil B.
Collins,
Clerk of said Court, at Shelbyville Indiana the 15th day of March 1917.
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 May S. Sargent, deceased, is the
last will and
Testament of May S. Sargent, deceased and is hereby admitted to probate and
record in
this court.
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 May S. Sargent has been duly admitted to probate and duly proved by the testimony of Charles P. Zike one of the subscribing witnesses thereto, that a complete record of said Will, and of the testimony of the said Charles P. Zike in proof thereof, has been by me duly made and recorded in Book 7 at Pages 204 and 205 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 15th day of
March 1917.
Cecil B. Collins, Clerk.
Circuit Court, Shelby County.
Submitted by Jeanette Crane
Will Index Main Page