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.
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
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
James T. Chute, Clerk
©2000-2016 Adina Watkins Dyer