I Philip Ensminger
of
Lafayette in the County of Tippecanoe in the state of
Indiana being in
feeble health but of sound and disposing mind and memory
do hereby make
publish and declare this my last will and testament hereby
revoking and
making void all former wills by me anytime heretofore
made.
First.
I give
devise and bequeath to my wife Mary Ensminger
absolutely and in
fee simple the equal one third in value of all the
property real personal
and mixed of which I may die seized and she is to have her
choice to be
taken at the appraised value taking such portion of her
said one third
of my estate in real estate and such portion thereof in my
other property
as she may deem most to her interest, and my executor,
hereinafter named
shall upon his indicating to him the property she may so
choose after the
same shall have been duly appraised according to law not
exceeding in the
aggregate one third in value of my estate, as aforesaid
convey to her my
said wife any and all such real estate as she may so
choose by proper deed
of conveyance in fee simple and also make over and assign
to her in writing
any and all such other property as she may choose as
aforesaid and make
due report of such conveyance and assignment to the Court
having jurisdiction
of probate matters without delay and my said wife shall
have the aforesaid
share of my estate so willed to her fully conveyed and
made over to her
without any diminution whatever and the same together with
the $500.00
allowed her by law shall be in lieu of all her interest of
whatsoever kind
of _?_ and to my estate, and the other bequests and
devises by me made
in this my will shall be taken only from the remaining two
thirds of my
estate.
Second.
I hereby
will and direct that out of the remaining two thirds of my
estate after
providing for my widow as aforesaid my executor
hereinafter named shall
as soon as practicable after my decease pay all my just
debts and funeral
expenses and cause to be erected at a cost as near as may
be of Two Thousand
Dollars a monument for the graves of myself and my said
wife (whether she
depart this life before or after my decease) to be
suitable inscribed and
to be if practicable of the same material, size and
proportion in all respects
as are the monuments erected over the graves of the late David
Ross
deceased, and of the late Thomas Wood deceased, my
remains to be
interred in such cemetery as my said wife select for our
last resting place,
and should she select to have her and my remains interred
in a cemetery
other than Greenbush Cemetery, in such case I will and
direct that my executor
purchase such cemetery lot as she shall designate and as
soon as practicable
thereafter sell my burial lot in said Greenbush Cemetery
and apply the
proceeds of such sale to the purchase of such burial lot
so to be selected
by my said wife as aforesaid.
Third. I give
and bequeath to my sister Elizabeth Lawrence of
Paris Illinois Six
Thousand Dollars in money (current funds).
Fourth. I give and bequeath to my sister Maria Beauchamp wife of William Beauchamp of Perry County, Ohio, Six Thousand Dollars in money (current funds). Fifth. I give and bequeath to my Nephew Samuel J. Ensminger son of my brother John Ensminger deceased Two Thousand Dollars in money (current funds). Sixth. I give and bequeath to my namesake Philip Ensminger son of my said Nephew Samuel J. Ensminger Two Thousand Dollars in money (current funds). Seventh. I
give and bequeath to my namesake Philip Ensminger
Hannah son of
my niece Elizabeth Hannah of Paris, Illinois Two
Thousand Dollars
in money (current funds). And my gold watch and guard.
Eighth. I give
and bequeath to Mary Crawford daughter of Mary
Roo Five Thousand
Dollars in money (current funds).
Ninth. As a
token of my friendship for him I give and bequeath to James
Briley
of Benton County Indiana Twenty Two Hundred Dollars in
money (current funds).
Tenth. I give
and bequeath to my namesake Philip Ensminger Briley son
of James
Briley legatee last above named One Thousand Dollars
in money (current
funds).
Eleventh. As
a token of my friendship for him I give and bequeath to Samuel
Briley
of Benton County Indiana Two Thousand Dollars in money
(current funds).
Twelfth. In
consideration of faithful services rendered in my family I
give and bequeath
to Rosalia Covert One Hundred Dollars in money
(current funds).
Thirteenth.
I give devise and bequeath to my niece Martha Evans
daughter of
my brother John Ensminger deceased, the south
half of lot Ninety
Eight (98) in Orths First Addition to Lafayette in fee
simple and my executor
hereinafter named and appointed shall execute and deliver
to said Martha
Evans a proper deed of conveyance for the
same. I also give her
Two Thousand dollars in money (current funds).
Fourteenth.
For the purpose of creating assets in the hands of my
executors to pay
my debts the expenses of erecting a monument and paying
bequests as all
the same are provided for in this my will, I hereby will
and direct that
my executor hereinafter named and appointed be and his is
hereby authorized
empowered and directed to sell at public or private sale
with or without
notice for cash or credit as he my executor may deem best
and most to the
interests of my estate, all my estate real personal and
mixed, except what
my said wife shall have chosen and selected at the
appraisement as and
for her equal one third of all my estate as hereinbefore
willed to her,
and also excepting the real estate hereinbefore
specifically willed to
my niece Martha Evans and also excepting the land
hereinafter mentioned
but not specifically described which I hereinafter give John
Royal
the right to purchase within two years from the date of my
decease, but
if said John Royal fail to so repurchase the same
within the time
limited as aforesaid then and thereafter they shall not be
excepted from
sale under this item of this my will and in case any of my
real estate
be thus sold on credit the deferred installments shall be
secured by mortgage
on the premises thus sold and it is my will that it shall
not be necessary
for my executor to first obtain any order or judgment or
decree of any
Court whatever therefore before making any such sale or
sales, but my executor
shall without delay report any and all such sales by him
made to the proper
Court having jurisdiction of probate matters for approval
and confirmation
and that deeds for the real estate thus sold shall only be
executed to
the purchaser respectively under the order of the Court
after such approval
and confirmation of such sales, and that until such sale
of any and all
real estate sold as aforesaid or otherwise the rents and
profits shall
be taken, and appropriated by my executor as a part of my
estate and said
executor shall also pay taxes on my real estate not taken
by my wife as
aforesaid until such sale thereof.
Fifteenth.
It is my will that John Royal of this County shall
have the right
at any time within two years from the date of my decease
to repurchase
all the lands which were by me purchased at Sheriffs sales
on judgment
and decree against him the said John Royal which
lands are situate
in the County of Tippecanoe and amount in the aggregate to
430 acres by
said Royal paying to my executor hereinafter named
whatever the
sum of $27,000.00 shall amount to adding thereto interest
thereon at the
rate of ten per centum per annum from the 20th day of
January 1875 till
the day of such repurchase as follows whatever the excess
may then be over
the sum of $20,000.00 shall be paid cash in hand and said
remaining 20,000.00
shall be divided into four equal installments to become
due and payable
in one two three and four years respectively from the date
of such re-purchase
and bear interest at the rate of ten per centum per annum
from the date
of such re-purchase and be secured by mortgage on all the
real estate so
re-purchased and that no part of said 430 acres of land
shall be thus re-purchased
unless the whole amount thereof is repurchased, such sale
to said Royal
shall also be reported to the Court for approval and
confirmation and for
authority to execute deeds in pursuance thereof I give
said John Royal
this right to re-purchase said lands not on account of any
agreement with
or right in him to redeem said land from Sheriffs sale but
merely as an
act of grace to a neighbor who has been overtaken by
pecuniary misfortunes.
Sixteenth.
I hereby nominate constitute and appoint Daniel Royse
executor of
this my will.
16 1/2.
I give and bequeath to my brother Samuel Ensminger
the interest
on Fifteen Hundred dollars to be loaned at interest on
note & mortgage
by my executor and on the death of my said brother Samuel
the principal
to be divided equally between his three sons Melville,
Henry & Samuel.
Seventeenth.
Whatever balance of my estate there may be remaining
undisposed of after
my said wife shall have received the share hereinbefore
willed to her and
after said other bequests hereinbefore made shall have
been paid shall
be divided equally between my said two sisters, Elizabeth
Lawrence
and Maria Beauchamp.
In witness whereof I have hereunto set my hand and seal on this 18th day of April A.D. 1876.
his
Signed sealed published and declared by the said Philip Ensminger as his last will and testament in our presence and we have signed the same as witnesses at the request of said testator in his presence and in the presence of each other this 18th day of April A.D. 1876. R. M. O'Ferrall
The State of Indiana Tippecanoe County On this 15th day of May A.D. 1876 in open court in the Tippecanoe Circuit Court in the State of Indiana personally came Robert M. O'Ferrall and Addison B. Braden the subscribing witnesses to the above and foregoing instrument of writing purporting to be the last will and testament Philip Ensminger late of said County and State deceased, who being duly sworn now in open court to testify the truth the whole truth and nothing but the truth, concerning the execution of the last will and testament of Philip Ensminger deceased, on their oaths aforesaid, testify as follows, towit: that they saw the said Philip Ensminger in his life-time but who is now deceased, sign his name to the above and foregoing instrument of writing as and for his last will and testament, and that they signed their names thereto as attesting witnesses at the request of said testator and in his presence and in the presence of each other and that at the time he so executed said last will and testament he the said Philip Ensminger of full age to devise and bequeath his property that he was of sound and disposing mind and memory and that he was not under the coercion or restraint of any person or persons whomsoever, and further saith not. R. M. O'Ferrall, A. B. Braden } Witnesses Subscribed and sworn in open court on this 15th day of
May A.D. 1876
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James T. Chute, Clerk |
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