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Will Book C, Pages 44-47
Last Will and Testament of Stephen Westhafer
Made this 12th day of April 1898.
I, Stephen Westhafer, of the County
of Martin, State of Indiana, being in my right mind make this as
my last Will and Testament.
I leave to my son Stephen H. Westhafer all my personal
property, except a note executed in my favor by Wesley Porter, Sept. 2 – 1896,
for $68.00, which is to be used in settling debts, doctor’s bills or funeral
expenses. The balance of my debts to be paid out of my estate, or equally by my
heirs.
I leave said Stephen H. Westhafer the farm now owned by me
as a lease, for Ten years from the date of my death in consideration for his
care and kindness to me since we have been together since the death of my wife
Rebecca Westhafer, and for what he may yet do for me, he to pay the taxes on
the land until an equal distribution can be made among my children, Frances M.
Westhafer, Thomas B. Westhafer, Eli B. Westhafer, Elmer S. Westhafer, Martha R.
Crays, and Stephen H. Westhafer.
Since there is now a mortgage of $400.00 on the farm due in Five
years from January 1st 1897, interest at 7% payable annually on January 1st,
each of the above mentioned heirs to pay an equal share of interest after
deducting the interest on $90.00 due from Frances M. Westhafer, $30.00 due from
Thos. B. Westhafer, and $30.00 due from Stephen H. Westhafer, due my estate each
of these sons to pay the additional interest due from them to the estate.
When this mortgage is paid in full from the estate or by
equal payments from each heir above mentioned, then there is to be an equal
distribution of the estate among them after the expiration of the above
mentioned lease of Stephen H. Westhafer.
This Will to be left in care of Levi A. Killion to be opened
after my decease.
Stephen
Westhafer
Signed in our presence, this April 12, 1898.
W.
T. Crane
L.
A. Killion (Witnesses)
R.
N. Walton
The State of Indiana, Martin County,
SS:
Be it Remembered, that on the 13th day of June, 1898 Levi A.
Killion, one of the subscribing witnesses to the within and foregoing last Will
and Testament of Stephen Westhafer 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 as follows, that is to say:
That on the 12th day of April, 1898, he saw the said Stephen
Westhafer 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 Stephen
Westhafer 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 Stephen Westhafer and with his consent attested and
subscribed by the said Levi A. Killion, W. T. Crane and R. N. Walton in the
presence of said Testator, and in the presence of each other, as subscribing
witnesses thereto, and that the said Stephen Westhafer 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.
Levi
A. Killion
Sworn to and subscribed by the said Levi A. Killion, before
me Geo. W. Gates, Clerk of said Court, at West Shoals, the 13th day of June
1898.
(Seal)
Geo.
W. Gates, Clerk
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 Stephen Westhafer has been duly
admitted to probate, and duly proved by the testimony of Levi A. Killion, one
of the subscribing witnesses thereto, that a complete record of said Will and
of the testimony of the said Levi A. Killion in proof thereof has been by me
duly made and recorded in Book “C” at Pages 44, 45, 46 and 47 of the record of
Wills of said County.
In
attestation whereof, I have hereunto subscribed my name and affixed the
(Seal) seal
of said Court, at West Shoals this 13th day of June 1898.
Geo.
W. Gates
Clerk Circuit
Court Martin
County
Written Agreement
June 4, 1898
The within
named Stephen Westhafer having deceased June 1, 1898, there was this day a
meeting of the witnesses of the within Will: W. T. Crane, L. A. Killion and R.
N. Walton, with F. M. Westhafer, T. B. Westhafer, Elmer S. Westhafer, Martha R.
Crays and Stephen H. Westhafer at the late house of Stephen Westhafer, Eli B.
Westhafer not being present.
The within
Will was opened and read, and the consent of each heir given, that Levi A.
Killion should have it recorded, and act as Executor in carrying out its
provisions, relating to existing debts, doctor bill, funeral expenses, all
except that of the mortgage on the land.
Also to
collect anything due the estate and apply it on said debts.
F.
M. Westhafer
T.
B. Westhafer
E.
S. Westhafer
M.
R. Crays
Stephen
H. Westhafer
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