Last Will and Testament of Samuel W. Wineinger.
Realizing the uncertainty of life and the
certainty of death, I, Samuel W. Wineinger, at this time a resident of Dubois
County, Indiana, and being of sound and disposing mind and memory, do hereby,
make, publish and declare this to be my last will and testament. Item 1. It is
my will that all of my just debts and funeral expenses shall be fully paid and
that a neat stone shall be erected at my grave to perpetuate my memory and mark
my final resting place.
Item
2. After the provisions of item one of this
will have been carried out, it is my will, that my beloved children Clara P.
Wineinger and Esta B. Wineinger, children by my last wife, Mioma J. (Horton)
Wineinger shall receiver out my personal estate the sum of three hundred
dollars each, This bequest is made to the above named children first, for the
the following reason: at the time I married Mioma J. Horton, she turned over to
me, the sum of six-hundred dollars, which was her individual money, and it is
my will that this same amount of money shall descend to my beloved children,
Clara P., and Esta B. Wineinger who are the fruits of my marriage with the said
Mioma J. (Horton) Wineinger, share and share alike. In the event that either of
the above named children should die without issue before I do, then it is my
will that the surviving sister take her part and if she die, that the heirs of
her body take her estate. Should both of my beloved daughters above named, die
before I do, and without issue, it is my will that said sum of six-hundred dollars,
in that event shall be divided equally among my beloved children, Homer
Wineinger, Delia M. Frank and Dora E. Roudenbush, share and share alike.
I
further will that there shall be paid out of my personal estate to my beloved
grand children, Are Anderson, Ralph Anderson and Bernard Anderson the sum of Fifty
Dollars each. These grand-children are children of my beloved daughter Sarah 0.
Anderson, and
said sum of fifty dollars each, is all that I want said grand-children to
receive out of my personal and real estate, for the reason, that, during her
life time, I advanced to my beloved daughter Sarah 0. Anderson,
certain sums of money, which sums with interest computed thereon from the dates
of payment to the present time amount to as much or more than any other
children will receive from my real and personal estate remaining at the time of
my death.
Item 3. It
is my further will, that all of my personal and real estate remaining after the
provisions of items one and two of this will have been fully complied with,
shall descend to and be equally divided among my beloved children, Homer
Wineinger, Delia M. Prank, Dora B.
Roudenbush, Clara P.
Wineinger and Esta B. Wineinger, share and share alike, the personal property
to pass to my beloved children above named in this item, absolutely, and the
real estate to descend to then in fee simple.
As a parting word of advise to my beloved children, above named in this imte, I suggest to them, that in my opion, it will be wise for them to retain the ownership of the real estate herein devised, until they can sell the same at its full and true cash value. The last sentence above written is not intended as a limitation upon the fee simple title I intend to convey to my said children, but it is given only as a parting word of advise to them.
Item 4. I
hereby constitute and appoint my beloved son, Homer Wineinger, Executor of
this, my last will and testament.
Witness my hand and
seal, this 21st day of April, 1907-
Samuel W. Wineinger.
The
foregoing instrument, signed, sealed and acknowledged by the said Samuel W.
Wineinger as his last will and testament, in our presence, who, at his request,
in his presence and in the presence of each other have subscribed our names as
witnesses thereto, this 21st
day of April 1907-
L. B. Johnson
Witnesses.
Horace 11. Kean. The State of Indiana,
Dubois County, SS:
Be
it remembered that on the
9th day of May, 1907, Horace M. Kean one of the subscribing
witnesses to the within and foregoing last Will and Testament of Samuel W.
Wineinger late of said county, deceased, personally appeared before the Clerk
II of the Circuit Court of Dubois County, in the State of Indiana, and being
duly sworn upon his oath by the Clerk of said court, declared and testified as
follows that is to say: That on the 21st
day of April 1907, he saw the said Samuel W. Wineinger sign
his name to the said instrument in writing as and for his last Will and
Testament; and that this deponent at the said time, heard the said Samuel W.
Wineinger 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 Samuel W. Wineinger and with his consent attested and
subscribed by the said L. B. Johnson and Horace M. Kean in the presence of said
testator, and in the presence of each other, as subscribing witnesses thereto,
and that the said Samuel W. Wineinger was, at the time of the signing and subscribing
of said instrument in writing, as aforesaid, of full age (that is, more than 21 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.
Horace M. Kean.
Sworn
to and subscribed by the said Horace M. Kean before me, John P. But
her Clerk of said court, at Jasper, the 9th
day of May, 1907.
In attestation
whereof, I have hereto subscribed my name and affixed the seal of said court.
. Johh P. Huther, Clerk D.C.C.