Shelby Co IN Wills - St Clair Ensminger

Last Will and Testament
of
St Clair Ensminger

(Note: This will was re-recorded in Will Record 6, pages 129-130 due to an error made in the following copy. The revised will is transcribed below this one.)

I, St. Clair Ensminger of Shelby County, Indiana do make and publish this my last Will and Testament revoking all other and former wills made by me.
Item 1. I will and bequeath to my sons Brown Ensminger and Ballard Ensminger, all the Household goods owned by me at the time of my last marriage and remain in my home at the time of my decease and all the household goods that have been bought since my said last marriage including my gold watch, I will and bequeath to my wife, Melissa Ensminger.
Item 2. I will and devise to my son Brown Ensminger, in fee simple, the following described real estate located in Shelby County, Indiana, towit;
The North half of the North West Quarter of Section 12 in Township 14 North, in Range 6 East, containing 80 acres, more or less.
Item 3. I will and devise to my son Ballard Ensminger, in fee simple, the South Half of the North West quarter of Section 12 in Township 14 North in Range 6 East, containing 80 acres, more or less in Shelby County, Indiana.
Item 4. I will and devise to my wife Melissa Ensminger, for the term of her natural life the following described real estate located in Shelby County, Indiana, towit; Lot number One (1) on Washington Street in Montgomery's First Addition to the town (now city) of Shelbyville, and at her death the undivided one third thereof to go to said Brown Ensminger, the undivided one third thereof to go to said Ballard Ensminger, and the remaining one third to go to Urban Ensminger. Nellie Beaumont the sum of $2000.00 to said Lester Ensminger the sum of $2000.00 and to Mary C. Ensminger widow of my said deceased son, the sum of $300.00 all of said bequests to be paid out of the proceeds of the sale of my properties as directed in Item 5 thereof.
Item 7. I will, devise and bequeath all the residue of my property, of every kind after the payment of all the bequests herein and all my Just debts and liabilities of my estate, to my son Brown Ensminger and Ballard Ensminger, share and share alike.
Item 8. I nominate and appoint my said sons, Brown Ensminger and Ballard Ensminger, Executors of this my will to carry out the provisions hereof and I direct them to employ and show as their attorney to advise them in the execution of this said trust and to pay him for such service the sum of $75.00.
In Witness Whereof, I have hereunto set my hand and seal this 31st day of March – 1910.

St.Clair Ensminger ( SEAL )

We the undersigned, hereby certify that the foregoing Will was signed and acknowledged by the said St.Clair Ensminger in our presence and we hereby witness his said signature at his request in his presence and in the presence of each other this 31st day of March – 1910.

Anderville Shaw
Thos. H. Shaw

State of Indiana, Shelby County SS
Be It Remembered, that on the 15th day of June A.D. 1914 the 37th Judicial day of the May Term of the Shelby Circuit Court in said year, come into open Court Anderville Shaw and produces in Court an instrument in writing purporting to be the last Will and Testament of St.Clair Ensminger, deceased, and now moves the admittance thereof to probate and record, and in proof of said Will introduces Anderville Shaw the subscribing witnesses 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 31st day of March – 1910, he saw the said St.Clair Ensminger sign his name to said instrument in writing as and for his last Will and Testament, and that the deponent at the same time, heard the said St.Clair Ensminger 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 St.Clair Ensminger, and with his consent attested and subscribed by the said Anderville Shaw and Thomas H. Shaw, in the presence of said testator, and in the presence of each other as subscribing witnesses thereto and that the said St.Clair Ensminger 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.

Anderville Shaw

Sworn to and subscribed by the said Anderville Shaw before me Otto L. Coyle Clerk of said Court at Shelbyville, Indiana the 15th day of June 1914.

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 St.Clair Ensminger deceased is the last Will and Testament of St. Clair Ensminger, 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 St.Clair Ensminger, has been duly admitted to probate and duly proved by the testimony of the said Anderville Shaw in proof thereof, has been by me duly made and recorded in Book 6 at pages 466-467-468 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 20th day of June – 1914.

(SEAL) Otto L. Coyle Clerk

Circuit Court Shelby County

In the Matter of the Estate of St.Clair Ensminger, deceased.
Election of widow to take under will

I, Melissa Ensminger, hereby state that I am the widow of said St.Clair Ensminger; that I was his second wife without issue by him; that he left a Will and that his will has been probated in said County, and that I am fully acquainted with and know the contents of said Will and I hereby elect to take under said Will instead of the law of descent in this state and I accept the provisions made in said Will for me instead of accepting what I would receive of his estate under the law of descent in this state.
In consideration of the sum of $1000.00 paid to me, this day by the legatees under said will, and $500.00 to be paid hereinafter.
I hereby release, relinquished and revoke all my rights to withdraw this election and agree to comply fully with the terms of said Will and accept the provisions made for me therein
Paid $500 to be my statutory allowance.

State of Indiana SS
Before me, a Notary Public in and for said County and State the said Melissa Ensminger appeared and acknowledged the execution of the foregoing election to be her free act and deed.
In Witness whereof I have hereunto set my hand and Notarial seal this 2 day of Oct 1914.

K.M. Hord
( SEAL ) Notary Public
Comm. To Apr 16, 1914.

Transcribed by Barb Huff

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Last Will and Testament
of
St. Clair Ensminger

Deceased.
Shelby County, Indiana
20 June 1914

I, St. Clair Ensminger, of Shelby County, Indiana, do make and publish this my last Will and Testament, revoking all other and former wills made by me.

Item 1. -- I will and bequeath to my sons, Brown Ensminger and Ballard Ensminger, all the household goods owned by me at the time of my last marriage and remain in my home at the time of my decease and all the household goods that have been bought since my said last marriage, including my gold watch, I will and bequeath to my wife, Melissa Ensminger.

Item 2. -- I will and devise to my son, Brown Ensminger, in fee simple, the following described real estate located in Shelby County, Indiana, towit: The North half of the North West Quarter of Section 12 in Township 14 North, in Range 6 East, containing 80 acres, more or less.

Item 3. -- I will and devise to my son, Ballard Ensminger, in fee simple, the South half of the North West QUARTER OF Section 12 in Township 14 North, in Range 6 East, containing 80 acres, more or less, in Shelby County, Indiana.

Item 4. -- I will and devise to my wife, Melissa Ensminger, for the term of her natural life, the following described real estate located in Shelby County, Indiana, towit: Lot Number One (1) on Washington street, in Montgomery's First Addition to the Town (now City) of Shelbyville and at her death the undivided one third thereof to go to said Ballard Ensminger and the remaining one third to go to Urban Ensminger, Nellie Beaumont and Lester Engsminger, children of my deceased son, Elzy Ensminger, share and share alike.

Item 5. -- It is my will and I hereby direct my Executors, hereinafter named, to sell all the residue of my property, both real and personal, and convert the same into cash.

Item 6. -- I will and bequeath to said Urban Ensminger the sum of $2000.00, to said Nellie Beaumont the sum of $2000.00, to said Lester Ensminger the sum of $2000.00 and to Mary C. Ensminger, widow of my said deceased son, the sum of $300.00, all of said bequests to be paid out of the proceeds of the sale of my property as directed in item 5 hereof.

Item 7. -- I will, devise and bequeath all the residue of my property, of every kind, after the payment of all of the bequests herein and all my just debts and liabilities of my estate, to my sons, Brown Ensminger and Ballard Ensminger, share and share alike.

Item 8. -- I nominate and appoint my said sons, Brown Ensminger and Ballard Ensminger, Executors of this my will to carry out the provisions hereof and I direct them to employ Anderville Shaw, as their attorney to advise them in the execution of their said trust and to pay him for such service the sum of $75.00

In Witness Whereof I have hereunto set my hand and seal this 31st. day of March 1910.

/s/ St. Clair Ensminger { SEAL }

We, the undersigned, hereby certify that the foregoing Will was signed and acknowledged by the said St. Clair Ensminger in our presence and we hereby witness his said signature at his request, in his presence and in the presence of each other this 31st. day of March 1910.

/s/ Anderville Shaw
/s/ Thos. H. Shaw

State of Indiana, Shelby County, SS:

Be it remembered, that on the 15" day of June, A.D., 1914 the 37 judicial day of the May Term of the Shelby Circuit Court in said year, come into open Court Anderville Shaw and produces in Court an instrument in writing purporting to be the last Will and Testament of St. Clair Ensminger, deceased, and now moves the admittance thereof to probate and record,

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Page

AND IN PROOF OF SAID Will introduces Anderville Shaw the subscribing witnesses 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 31st day of March 1910 he saw the said St. Clair Ensminger 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 St. Clair Ensminger 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 St. Clair Ensminger and with his consent attested and subscribed by the said Anderville Shaw and Thomas H. Shaw in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said St. Clair Ensminger 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 furth deponent says not.

/s/ Anderville Shaw

Sworn to and subscribed by the said Anderville Shaw before me Otto L. Coyle Clerk of said Court, at Shelbyville Indiana, this 15th day of June 1914.

/s/ 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 St. Clair Ensminger deceased, is the last Will and Testament of St. Clair Ensminger deceased, and is hereby admitted to probate and record in this Court.

{ SEAL } /s/ 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 St. Clair Ensminger has been duly admitted to probate, and duly proved by the testimony of Anderville Sahw one of the subscribing witnesses thereto, that a complete record of said Will, and of the testimony of the said Anderville Shaw in proof thereof, has been by me duly made and recorded in Book 6 at Pages 466-467-468 of the record of Wills of said County.

{ SEAL }

IN ATTESTATION WHEREOF, I have hereunto subscribed my name, and affixed the seal of said Court, at Shelbyville, Indiana, this 20 day of June 1914.

/s/ Otto L. Coyle Clerk
Circuit Court Shelby County.

(NOTE: This will was recorded on the above mention pages of said record 6; but an error was made in copying the same. This has been re-recorded for the purpose of correcting the error in the previous record.)

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Antoinette's note: I did not show page numbers but showed only "Page" to indicate the next page. There were no numbers stamped on either page.

Transcribed by Antoinette Waughtel Sorensen

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