Wills

Wilburn Terrell

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

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