Wills

James B. Freeman
Courtesy of Cathy Clark Beard
Transcribed as written with no intentional corrections or changes.

Will Book C, Pages 544-545

Last Will and Testament of James B. Freeman

             I, James B. Freeman, of Martin County, Indiana, being of sound mind and disposing memory, do hereby make, declare and publish this, my last will and testament, hereby revoking any and all wills by me heretofore made.

             ITEM, 1 – I, direct the payment of all my just debts.

             ITEM, 2 – I, recognize and reaffirm that certain ante nuptial agreement made and entered into with my present wife MATTIE FREEMAN in contemplation of marriage, and which said marriage contract was carried out as agreed. By the terms of said contract, my said wife, Mattie Freeman was to receive the sum of Three Thousand Five Hundred ($3,500.00) Dollars, in full consideration for said contract, payable out of my estate, after my death, and in full and complete satisfaction of her claim in law or in equity, against my estate, and in full and complete discharge of her claims, and in lieu of any sums or sum she might otherwise inherit. I, therefore, direct my Executor to discharge her said claim of Thirty Five Hundred ($3,500.00) Dollars by payment out of the first money that shall come into his hands, which payment shall be in full satisfaction and complete extinguishment of the contract referred to. I, further reaffirm and aver that no change or modification of said agreement has been, by me made or assented to subsequent to its execution.

             ITEM 3 – I, give, devise and bequeath all my real estate, where-ever situated in fee simple to my daughters, Isola Freeman Wallace, Rachel Freeman Huff and Stella Freeman Moser, as tenants in common, share and share alike, absolutely and forever.

             ITEM 4 – I, give, devise and bequeath, all other property by me owned at the time of my death to, Isola Freeman Wallace, Rachel Freeman Huff and Stella Freeman Moser, in equal shares or to their survivors, share and share alike, absolutely and forever.

             IN WITNESS WHEREOF, I have this 19th day of March, 1927, signed this will in the presence of the attesting witnesses.

                                                                                    James B. Freeman.

 Signed by the Testator in the presence of the undersigned, and each of them, and in the presence of the other and at the request of the Testator.

            Edgar Witcher,
            Arthur M. Mollet.

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PROOF OF PROBATE OF WILL.

STATE OF INDIANA, MARTIN COUNTY, SS.

            Before me, Elmer Harding, Clerk of the Martin Circuit Court, personally came Edgar Witcher, one of the subscribing witnesses to the foregoing last will and testament of James B. Freeman, late of Martin County, Indiana, deceased, and being duly sworn on his oath says that he was present at the execution of said last will; that the same was duly executed, that at the time of the execution thereof, said testator was of full age to devise his property, of sound mind and memory and not under any coercion or restraint, that said testator requested him and Arthur M. Mollett, to sign said will as witness thereto, which they accordingly did in the presence of said testator, and in the presence of each other as subscribing witnesses thereto.

                                                                                    Edgar Witcher,

                                    Subscribed and sworn to before me, this 28th day of November, 1927.

                                                                                    Elmer Harding, Clerk