In the name of God Amen, I Joseph Baer of Tippecanoe County and State of Indiana, being of sound mind and memory fully realizing the uncertain tenure of my life; do hereby make, publish and declare this my last Will and Testament; hereby expressly revoking and making void all former wills, by me at any time here before made.
First: I order and desire my Executors as soon after my decease as practicable to pay off all debts discharge all dues and liabilities, that may exist in the time of my decease.
Second: I give and bequeath unto my wife Ada Baer all and whole of the real estate and personal property owned by me in this State or the United States, to possess and to use during the period of her life and I specially request and desire that no lien encumbrance of any claim be put on any of the realty if it can possibly be avoided.
Third: It is my wish and I hereby expressly declare and desire that on the decease of my wife Ada Baer all the real estate and personal property of which my wife holds a life interest be equally divided into equal parts to be given to my children born and to be born from my body each to receive to him or herself an equal share thereof the estate in fee simple and such part of the personal as not legitimately used in the maintenance of the estate and the living of my wife.
Fourth: I further wish and desire and declare that none of my children or their heirs shall cause or obtain any lien or claim to be placed on any part of the real estate during the life of my wife Ada Baer either in anticipation of their heirship i.e. I expressly declare and it as my will and desire that no heir of my estate shall sell, bargain or hypothecate their expectant interest in said estate and being fully convinced that any such deed would mitigate against the best interest of the estate. I hereby declare it as my will that any one of the heirs expectant who shall sell or hypothecate their interest, shall be and here is excluded from any part of the realty or personal property remaining at the death of my wife.
Fifth: I hereby nominate John A. Baer of Lauramie Township, Richard E. Niven of Thorntown and my wife Ada Baer as my executors and waive expressly the bonds and securities required by them by law-furthermore I desire on the death of any one of the trustees after my decease that the living ones their one third to be alike except from bond.
In witness whereof I have herewith subscribed my name this 15th day of May in 1882.
(Seal) Joseph Baer
The above and forgoing instrument was at the date thereof signed sealed and published and declared by the said Joseph Baer or (illegible) for his last will and testament in presence of us, who at his request and in his presence and in the presence of each other have subscribed your names as witnesses.
(Seal) John Niven Thorntown
(Seal) Benjamin F. Loveless Polator (Potato) Creek
Lauramie Township, Indiana May 10, 1882
©1999, 2000 Maureen Johnson
All rights reserved