Will Book C, Pages 26-29
Last Will and Testament of Wilburn [Wilbern] Terrell
Martin County State of Indiana
To Wit: I Wilburn Terrell of Martin County and State of
Indiana do declare this to be my last Will and Testament.
1st I give and bequeath to my wife Martha R. Terrell
one-third (1/3) of all my Real Estate or one-third of the money obtained for
same when sold; Also all of the household goods and chattel except 1 bedstead,
bed and bed clothing for same. Also; 1 cow so long as she remains on the homestead
and when she removes from same said cow to be the property of Sarah Belle
Morris and further that said cow cannot be sold until each girl of said Sarah
Belle Morris have raised a heifer calf from said cow, also the widow dowry out
of my estate, whatever the latest laws would give her in personal property or
cash.
2nd I give and bequeath to my daughter Elizabeth Dunlap or
her heirs Fifty Dollars ($50.00).
3nd I give and bequeath to Jamima Terrell my daughter or
heirs Twenty Dollars ($20.00).
4th I give and bequeath to my son William Henry Terrell
Fifty Dollars ($50.00).
5th I give and bequeath to my daughter Rachel Harding Fifty
Dollars ($50.00).
6th I give and bequeath to my daughter Jessie M. Hopper
Fifty Dollars ($50.00).
7th I give and bequeath to my daughter Sarah Belle Morris
Fifty Dollars ($50.00).
8th I give and bequeath to my granddaughter Clara A. Morris
one bedstead, bed and bed clothing aforesaid excepted from my household to my
wife.
9th I give and bequeath to my daughter Eva C. King Twenty
five Dollars ($25.00).
10th I give and bequeath to my grandson Ralph A. King Twenty
five Dollars ($25.00).
11th All the rest, residue and remainder of my Real and
Personal Estate, I give and devise and bequeath in equal share to my daughter
Elizabeth Dunlap and my son William Henry Terrell and my daughter Rachel
Harding, and my daughter Jessie M. Hopper, and my daughter Sarah Belle Morris,
and my daughter Eva C. King; provided the said Eva C. King shall live upright
and lady- like from this date on and if the said Eva C. King shall fail to live
upright and lady-like, her part of said remainder to be given to her heirs, and
Jamima Terrell or her heirs one-fifth of an equal share with the aforesaid
heirs.
12th My funeral expenses to be paid before any of the
aforesaid heirs share has been provided for.
13th I appoint Jackson Burton Executor of this my Will, and
desire that he shall not be required to give any security for the performance
of his duties.
In Witness
whereof, I Wilburn Terrell, have hereunto set my hand and seal on this the
tenth (10th) day of May, in the year of our Lord, One thousand, Eight-hundred
and ninety-seven.
Wilburn
(his mark) Terrell
Subscribed
by the Testator in the presence of [
], and at the same time declared by him to us, as his last Will and
Testament.
Witness our hands and seals this tenth (10th) day of May
A.D. 1897.
Henry
Hoard
The State of Indiana, Martin County, SS; Be it
Remembered that on the 26th day of May 1897, Henry Hoard, one of the
subscribing witnesses, to the within and foregoing last Will and Testament of
Wilburn Terrell, late of said County, deceased, personally appeared before Geo.
W. Gates, Clerk 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 s follows; that is to say, That on the 10th day of May 1897 he saw
the said Wilburn Terrell, sign his name to said instrument in writing, by
making his mark, as and for his last Will and Testament, and that this deponent
at the same time heard the said Wilburn Terrell 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 Wilburn Terrell, and
with his consent attested and subscribed by the said Henry Hoard and Josiah
Terrell, in the presence of said Testator, and in the presence of each other as
subscribing witnesses thereto.
And that the said Wilburn Terrell 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.
Henry
Hoard
Sworn to
and subscribed, by the said Henry Hoard before Geo. W. Gates Clerk of said
Court, at West Shoals, the 26th day of May 1897.
Geo.
W. Gates Clerk
(Seal) In attestation
Whereof, I have hereunto subscribed my name and affixed the seal of said
Court.
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 Wilburn
Terrell, has been duly admitted to probate, and duly proved by the testimony of
Henry Hoard, one of the subscribing witnesses thereto, that a complete record
of said Will and of the testimony of the said Henry Hoard in proof thereof, has
been by me duly made and recorded in Book “C” at pages 26, 27, 28 and 29 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 West Shoals,
this 26th day of May 1897.
Geo.
W. Gates
Clerk
Circuit Court Martin County
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