Wills

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

Will Book C, Pages 23-25

 Last Will and Testament of James Mahany

 I James Mahany being of sound mind and disposing memory do hereby make and declare this my last Will and Testament hereby revoking all wills made by me.

 First; I will and devise that out of any personal property I may have at my death or out of any money on hand or on deposit, that first my funeral expenses, and expenses of last spell of sickness be paid, and that out of any property or money remaining all of my debts be paid.

 Second; I will and devise that all my personal property and money remaining after the discharge of all my legal debts, and all Real Estate owned by me both in the City of Washington, Indiana, and otherwise descend to my beloved sister, Ellen Fitzpatrick to have, hold, and have the profits therefrom during her natural life, and at her death that all of said property descend to my then legal heirs.

             In Witness Whereof, I have this the 7th day of April 1897, set my hand.

                                                                                    James Mahany

 Signed in the presence of Phil McGovren and William Wilds this 7th day of April 1897.

                                                                                    Phil McGovren
                                                                                    William Wilds

 The State of Indiana, Martin County, SS:
Be it remembered, that on the 12th day of April 1897 Phil McGovren one of the subscribing witnesses to the within and foregoing last Will and Testament of James Mahany late of said County, deceased, personally appeared before the Judge of the Circuit Court of Martin County, in the State of Indiana, and being duly sworn by the Clerk of said Court, upon his oath, declared and testified as follows, that is to say; that on the 7th day of April 1897, he saw the said James Mahany 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 James Mahany, 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 James Mahany attested and subscribed by the said William Wilds in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto and that the said James Mahany 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.

                                                                        Phil McGovren

 Sworn to and subscribed by the said Phil McGovren, before me Geo. W. Gates Clerk of said Court, at West Shoals Ind. the 12th day of April 1897. (Seal)

                                                                                    Geo. W. Gates Clerk

 State of Indiana, Martin County SS;
I Geo. W. Gates Clerk of the Circuit Court of Martin County, Indiana, do hereby certify that the within annexed Will and Testament of James Mahany has been duly admitted to probate, and duly proved by the testimony of Phil McGovren, one of the subscribing witnesses thereto, that a complete record of said Will, and of the testimony of the said Phil McGovren in proof thereof has been by me duly made and recorded in Book “C” at pages 23, 24 & 25 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 West Shoals this 14th day of April 1897.

(Seal)                                                                           Geo. W. Gates Clerk
                                                                                    Clerk Circuit Court, Martin County