Shelby
County, Indiana
Last Will and Testament of
Olive
Dorsey,
Deceased
I, Olive Dorsey, of the City of Shelbyville county of Shelby, State of Indiana, do make and publish this my last will and testament, hereby revoking all former wills by me made.
Item 1. It is my will and I direct that all my just debts including the expenses of my last sickness and my burial expenses, except whatever mortgage I may have on the real estate that I may own at the time of my death, payment of which is hereinafter provided for, shall be paid bymy executor, and I hereby charge all the property that I may own at the time of my death with the payment of the same.
Item 2. I give and bequeath to my son Shelley L. Dorsey my gold watch.
Item 3. It is mywill and I direct that all my remaining personal property be divided share and share alike among my sons, William V. Dorsey and Shelley L. Dorsey and my grand-son Gayle B. Wolfe.
Item 4. I will and devise to my sons William V. Dorsey and Shelley L. Dorsey in fee simple as tenants in common, subject to any mortgage indebtedness thereon, the followind described Real estate in Shelby county, Indiana, towit: Lots No. 5 and 6 on Harrison Street in S. L.Dorsey’s Addition to the city of Shelbyville. Also the following Real Estate towit: Commencing at the South-east corner of Lot No. 4 in said addition and running thence North on the West line of Harrison Street in said City. 46 feet; thence West 80 feet; thence south 46 feet; thence East 80 feet to the place of beginning, the same being the entire East end of Lot 4, and 3 feet in width and 80 feet in length off the from part of the entire South side of Lot No. 3, in said S. L. Dorsey Addition and if either of my said sons shall die without issue living the share of my estate that he would have received under this item of my will shall go to my surviving son. Provided however in the case of the death of either of my said sons, his issue if he have any shall receive the share ofmy estate that such deceased son would have received under this item of my will.
Item 5. I will and devise and bequeath to my said sons William V. Dorsey and Shelley L. Dorsey as trustees to have and hold in trust for my grandson Gayle b. Wolfe, during his natural life, the undivided one-third interest in value of the following described Real Estate in the city of Shelbyville, Shelby County, Indiana, towith: - Lots 1 and 2 in S.L. Dorsey’s Addition to the city of Shelbyville, Also all that part of Lots 3 and 4 in said addition not included in the description in Item 4 of this will. I direct that said trustees shall take possession and control of thesaid real estate immediately upon my death, that they shall manage and control the same, collect and receive the rents and profits therefrom and from the rents and profits of the said Real Estate they shall pay an amount that may be necessary to discharge the debts payment of which is provided for in Item 1. Second. To the payment of the cost of administration of said trust. Third to the payment and discharge of any mortgage indebtedness that may be on or against the said Real estate. Fourth, They shall pay for the maintenance and education of the said Grandson until he shall have attained the age of 21 years, and the residue of said rents and profits if any, shall be held intrust and managed by the said trustees for the use and benefit of my said grand-son until he shall have attained the age of 21 years. When my said grandson shall have attained the age of 21 years, I direct that said trustees or their successos shall pay over to him, absolutely all accumulated rents and profits together with all accumlated interest and increase thereon, and I desire that he shall receive during the remainder of his natural life the rents and profits of the said real estate, subject to the payment of the debts provided for in item 1 of this will, and any mortgage indebtedness thereon. It is my express will and desire that my said grandson shall not hold any of the real estate devised in this will, in fee-simple, and at the death of my said grandson the said real estate shall go to and belong absolutely to the issue of my said grandson is any living. If my said grandson shall die leaving no issue living, then I will and direct that the said Real Estate shall go to and belong absolutely to my sons William V. Dorsey and Shelley L. Dorsey, share and share alike or to the survivor should either be dead.
Item 6. I will and direct that the said trustees shall, before entering upon their duties as such, file with the proper court a good and sufficient bond to be approved by such Court, conditioned for the faithful discharge of their duties as such trustees, and in the event of the failure to qualify or the death of either one of the said trustees, the other one being duly qualified, no other trustee shall be appointed, but in the event of the failure to qualify or the death of both of said trustees theproper court shall appoint a trustee to take charge of the said trust estate.
Item 7. The said trustees shall make such reports of the condition of their saidtrust as shall be directed by the said Court and I desire that the said trustees shall be paid for their services such sums as the said court shall approve as a proper compensation for such services.
Item 8. I hereby appoint my son Shelley B. Dorswy as the executor of this my last will and testament.
In witness whereof I have hereunto set my hand and seal at Shelbyville inthe State of Indiana, this 24th day of August, A.D. 1903.
The foregoing will was signed, sealed and acknowledged by the said Olive Dorsey in our presence, and was declared by her to be her last Will and testament and at her request and in her presence and in the presence of each other we now subscribe our names hereto as witnesses. This 24th day of August, A.D. 1903.
Geo. H. Meike (SEAL).
State of Indiana, Shelby County SS:
Be it remembered that on the Monday day ofJanuary 22, A.D., 1917 the 19th judicial day of the January Term of the Shelby Circuit Court in said year, come into open Court Shelley L. Dorsey and produced in Court an instrument in writing purporting to be the last Will and Testament of Olive Dorsey deceased, and now moves the admittance thereof to probate and record, and in proof of said Will introduces Geo. H. Meike one of the subscribing witnesses as 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 24th day of August, 1903 he saw the said Olive Dorsey sign her name to said instrument in writing as and for her last Will and Tesament; and that this deponent, at the same time, heard the said Olive Dorsey 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 said Olive Dorsey and with her consent attested and subscribed by the said Geo. H. Meike and Reuben F. Boger in the presence of said testator and in the presence of each other, as subscribing witnesses thereto, and that the said Olive Dorsey was, at the time ofthe 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 believed and further deponent says not.
Sworn to and subscribed by the said Geo. H. Meike before me Cecil B. Collins Clerk of said Court, at Shelbyville Indiana, the 22 day of January 1917.
Cecil B. Collins Clerk.
Whereupon it is ordered, adjudged and decreed by this court that said instrument in writing purporting to be the last Will of Olive Dorsey deceased, is the last Will and Testament of Olive Dorsey deceased, and is hereby admitted to probate and record in this court.
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 andTestament of Olive Dorsey has been duly admitted to probate, and duly proved by the testimony of Geo. H. Meike one of the subscribing witnesses thereto, that a complete record of said Will, and of the testimony of the said Geo. H. Meike in proof thereof, has been by me duly made and recorded in Book 7 at Pages 190-191-192 of the record of Wills ofsaid County.
In ATTESTATION WHEREOF, I have hereunto subscribed my name, and affixed the seal of said Court at Shelbyville Indiana, this 22nd day of January 1917.
I, Olive Dorsey, of the city of Shelbyville, Shelby County, Indiana, being of sound and disposing mind and memory, and having heretofore executed my last Will and testament, be aring date of August 24, 1903, do now make, publish and declare this to be a codicil thereto:
I give and devise to my son, Shelbey L. Dorsey to be held by him in fee simple, subject to the provisions hereinafter made, the Real Estate by me purchased from John R. Messick and wife, on May 3, 1904 and described as follows. towit: Beginning 8 feet South of the South east corner of Lot No. 3 on Harrison Street in Toner and Bennett’s Addition to the Town, now City of Shelbyville, and running thence west and paralell with the south line of said lot No. 3, one Hundred Forty-nine feet; thence south Fifty six feet; thence East One hundred Forty nine feet; thence North Fifty six feet to the place of beginning, being part of the Northwest Quarter of Section 5 Township 12 North and Range 7 East, all in Shelby County, Indiana.
Provided, that said Shelley L. Korsey shall take said real estate subject to any and all mortgage indebtedness thereon at the time of my death, and which he shall assume andpay saving my estate from the payment thereof.
Provided also, that at my death the said Real Estate shall be appraised by disinterested persons, and after deducting from such appraised value the amount of the mortgage indebtedness on the said Real Estate, it is my will that my said son, Shelley L. Dorsey shall pay to my son, William V. Dorsey, if living, a sum of money equal in amount to one-half of such remaining appraised value of said real Estate, and it is my will that said William V. Dorsey, if living, shall have a lien on said Real Estate for the payment of such sum of money.
And I hereby re-affirm the provisions of my said last will and testament.
Witness my hand and seal this 4 day of April, 1905 at Shelbyville, Indiana.
Signed sealed and acknowledged by said Olive Dorsey as a codicil to her last will and testament inour presence, who at her request in her presence, and in the presence of each other, have subscribed our names as witnesses, thereto this 4th day of April 1905.
Donald P. Sleeth.
State of Indiana, Shelby County, SS:
Be it remembered that on the Monday day of January 22, A.D., 1917, the 19th judicial day of the January Term of the Shelby Circuit Court in said year, come into open Court Shelley L. Dorsey and produces in Court an instrument in writing purperting to be the Codicil to he Last Will and Testament of Olive Dorsey, deceased, and now moves the admittance thereof to probate and record, and in proof of codicil to said Will introduces Geo. H. Meike 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 4th day of April 1905 he saw the said Olive Dorsey sign her name to said instrument in writing as and for a codicil to her last Will and Testament: and that this deponent, at the same time, heard the said Olive Dorsey declare the said instrument in writing to be a codicil to her last Will and Testament, and that the said instrument in writing was, at the same time, at the request of said Olive Dorsey and with her consent attested and subscribed by the said Geo. H. Meike and Donald P. Sleeth in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said Olive Dorsey 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.
Sworn to and subscribed by the said Geo. H. Meike before me Cecil B. Collins Clerk ofsaid Court, at Shelbyville Indiana, the 22 day of January 1917.
Whereupon it is ordered, adjudged and decreed by the Court that said instrument in writing purporting to be a codicil to the last Will of Olive Dorsey deceased, is a codicil to the last Will and Testament of Olive Dorsey deceased, and is hereby admitted to probate and record in this Court.
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 codicil to the last Will and Testament of Olive Dorsey has been duly admitted to probate, and duly proved bythe testimony of Geo. H. Meiks one of the subscribing witnesses thereto, that a complete record of said codicil to Will, and of the testimony of the said Geo. H. Meiks in proof thereof, has been by me duly made and recorded in Book 7 at Pages 192 & 193 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 22nd day of January, 1917.
Submitted by Barb Huff and Jeanette Crane
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