Shelby  County,  Indiana
Courthouse  Records
Probate


Last  Will  &  Testament
of

Thomas  B.  Caerey,

deceased



I,  Thomas B. Carey,  a resident of Shelby County, in the State of Indiana, do hereby make, publish and declare this to be my last will and testament.

Item 1.  I give, devise and bequest that as soon as possible after my decease all of my just debts and funeral expenses be paid out of my estate by my executor hereinafter named.

Item 2.  I give, devise and bequest to my beloved wife,  Margaret A. Carey,  all of the household goods and kitchen furniture, of which I may die seized, to have and to hold as her individual property forever, and it is my will and I do hereby order and direct that said bequest so, in this item, shall be in full of all of her statutory rights in my estate, as my widow, under the laws of the State of Indiana.

Item 3.  I give, devise and bequeath to my son  Charles G. Carey  all of my office furniture and fixtures and my office library to have and to hold as his individual property forever.

Item 4.  After the payment of all of my just debts and funeral expenses as provided for in item one above, and the bequests as provided in items two and three above, I give, devise and bequeath all of the residue of my estate, both real and personal, which shall remain, to my daughter,  Bonnie Lucile Carey,  to have and to hold as her indivdual property in fee simple.

Item 5.  I do hereby constitute and appoint my friend  Robert N. Smith,  as the executor of this my last will and testament, and direct that he shall employ Everet E. Stroup as his attorney to avise (sic) with him in the settlement of my estate.

          In Witness Whereof, I have herunto set my hand and seal this August 4" 1917.

Thomas B. Carey (SEAL)



Signed, sealed and acknowledged by the above named Thomas B. Carey as his last Will and Testament in our presence, and signed by us as attesting witnesses thereto, at his request, in his presence and in the presence of eath other this August 4" 1917.

Chas. W. Culbertson          Joseph R. Kennerly
Everett E. Stroup                     



State of Indiana, Shelby County, SS:
                    Be it remembered that on the 11thday of October, A. D., 1919 the 5th judicial day of the October Term of the Shelby County Circuit Court in the said year, come into open Court Robert W. Smith and produces in Court an instrument in writing purporting to be the last Will and testament of Thomas B. Carey, deceased, and now moves the admittance thereof to probate and record, and in proof of said Will introduces Everet E. Stroup one of 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 4th day of August 1917 he saw the said Thomas B. Carey, 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 Thomas B. Carey, and with his consent attested and subscribed by the said Everet E. Stroup and Joseph R. Kennerly and Charles W. Culbertson, in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said Thomas B. Carey was at the time of the signing of said instrument in writing, as aforesaid, of full age, (that is over twenty one years of age) and of sound and sisposing mind and memory, and not under any coercion or restraint, as the said deponent verily believes, and further deponent says not.

Everet E. Stroup


Sworn to and subscribed by the said Everet E. Stroup before me Gordon Thurston Clerk of said Court, at Shelbyville Indiana this 11th day of October 1919.
Gordon Thurston, Clerk



          Whereupon it is ordered, adjudged and decreed by the Court that said instrument in writing purporting to be the last Will of Thomas B. Carey deceased, is the last Will and Testament of Thomas B. Carey, deceased, and is hereby admitted to probate and record in this Court.
Gordon Thurston, Clerk


State of Indiana, Shelby County, SS:
          I, Gordon Thurston, Clerk of the Circuit Court of Shelby County, Indiana, do hereby certify that the within annexed Will and testament of Thomas B. Carey has been duly admitted to probate, and duly proved by the testimony of Thomas B. Carey (he was the witness to his own will?? - Pat.Lorentzen) one of the subscribing witnesses thereto, that a complete record of said Will, and of the testimony of the said Everet E. Stroup, in proof thereof, has been by me duly made and recorded in Book 7 at Pages 434, 435 & 436 of the record of Wills of said County.
          In Attestation Whereof, I have hereunto subscribed myname and affixed the seal of said Court, at Shelbyville, Indiana, this 11th day of October, 1919.

Gordon Thurston, Clerk Circuit Court
ShelbyCounty



Refusal of Widow to takeunder Will.
State of Indiana In the Shelby Circuit Court
Shelby County October Term 1919.

In the Matter of the Estate of
Thomas B. Carey, Deceased.
          The undersigned widow of Thomas B. Carey, deceased, late of Shelby County, Indiana, who died testate and whose last will and testament has been duly admitted to probate and record in the Shelby Circuit Court of said County and State, hereby makes election, as such widow, to hold and retain her right interest in and to the estate both real and personal of which her said husband died seized, given her by the laws of the State of Indiana, notwithstanding the terms of said will, and she refuses to accept any devise or provision whatsoever made by said will in her favor, or in lieu of her statutory right as such widow in and to the said estate, both real and personal, of which her said husband died seized, and hereby elects to take and accept all of the provisions made for her by the laws of the State of Indiana.

Margaret A. Carey


State of Indiana
ShelbyCounty, SS:
          On this 13" day of November 1919 personally appeared before me as the undersigned a Notary Public in and for said County and State Margaret A. Carey widow of Thomas B. Carey deceased, to me well known, and who having had the contents of the foregoing instrument fully explained to her, acknowledged that she executed the same as her voluntary act and deed.
          Witness my hand and Notarial seal this 13" day of Nov. 1919
Everet E.Stroup, Notary Public
My Commission expires Feby. 1" 1921


Transcribed by Pat Lorentzen

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