Wills of Mary E. and John W. Stewart

We, MARY E. STEWART, and JOHN W. STEWART, husband and wife, of Tippecanoe County, in the State of Indiana, being in full possession of our mental faculties, though with a consciousness of the uncertainty of life and of the certainty of death, do make, ordain and publish this our last will and testament, and by this act do revoke all previous wills, testaments and final dispositions of property which we, or either of us, may at any time have heretofore made. And we desire that his instrument shall be a joint will as and to any property, real or personal, which we may die possessed of and which we hold jointly, and that it shall act as a several will for each of us to any property of which either of us may die possessed of in severalty.

We will that on our decease, that our bodies shall be decently interred as becomes our station in life in our burial lot at Battle Ground, Indiana.

We will that in the event that one of us should decease prior to the other, that the survivor shall have the use and benefit of all of the estate of the first decedent, so long as said survivor shall live. And in the event that it shall become necessary for said survivor’s comfort to use the entire estate of the first decedent of these testators, it is herein agreed and we so will that said survivor shall have that right, even though it shall be necessary to exhaust the entire estate of said first decedent for that purpose. The survivor of us shall be the sole judge of the necessity of such expenditure.

MARY E. STEWART, one of the testators herein, doth bequeath unto ADDIE SHERRY WATKINS and OWNIE MAY WATKINS, two of her nieces, and children of JOHN M. WATKINS, deceased, all of her personal clothing and bedding. Said MARY E. STEWART further bequeaths to NORA ANDREWS, a grandniece, and the daughter of CARRIE ANDREWS, the sum of thirty-five dollars.

Said MARY E. STEWART gives, bequeaths and devises all of her estate, real, personal and mixed, of which she may died possessed, and after the death of her said husband, JOHN W. STEWART, subject to the bequests heretofore made, to LILLIE J. CASAD, her niece; ADDIE SHERRY WATKINS, her niece; OWNIE MAY WATKINS, her niece; and JOHN WATKINS, her nephew, the three latter being children of JOHN M. WATKINS, deceased. Said testator desires that her estate shall be divided share and share alike between and among said legatees and devisees named in this paragraph of her will. And in the event that any of said devisees and legatees named in this item of said will should die before this testatrix, or prior to the death of JOHN W. STEWART, if he should survive this testatrix, and should leave a child or children surviving, said child or children shall take the share under this will which would have gone to the parent, had such parent survived. In the event that any of said legatees named in this item of said will should die prior to said MARY E. STEWART, and prior also to the decease of said JOHN W. STEWART, in the event that he should survive said MARY E. STEWART, and should leave no child or children surviving, then the bequests and devises made in this item of this will shall go to the surviving legatees and devisees under this item of this will.

JOHN W. STEWART, one of the testators herein doth bequeath and devise all of his estate, real, personal and mixed, of which he may die possessed, and after the death of his said wife, MARY E. STEWART, to WILLIAM G. STEWART, his brother, and to HATTIE BARRETT, his sister, share and share alike. And in the event that either of said legatees and devisees under this item of this will should die before said JOHN W. STEWART, and before the death of said MARY E. STEWART, and should leave a child or children surviving, said child or children shall take the share of the parent, or which the parent would have received under this item of this will. But if either of the legatees and devisees named in this item of this will shall die before said JOHN W. STEWART and before the death of said MARY E. STEWART, and shall leave no child or children surviving, then the part which would have gone to said legatee and devisee under this item of this will shall go to the surviving legatee and devisee named in this item of this will.

In the event that it shall be necessary to probate this will as the several will of the first of these testators who shall decease, the survivor is hereby appointed executor of said will of said first decedent. Upon the death of both of said testators herein, JOSEPH B. ROSS, their attorney, shall act and be the executor of said will. Or in the event that one of said testators herein shall die and the survivor shall be unable or indisposed to act as executor of said first decedent's will, then JOSEPH B. ROSS is appointed as executor to carry out the provisions of said will in that event.

These are all the provisions which we wish to make in final disposition of our property. In witness whereof, we have hereunto set our hands and seals.

Signed, sealed, published and declared by MARY E. STEWART and JOHN W. STEWART, as and for their last will and testament, in our presence, and we in their presence, and in the presence of each other, and at their request, do sign the same as witnesses.
November 17,1906.

I, JOHN W STEWART, having heretofore executed with my wife MARY E. STEWART, a joint last will and testament, and my said wife having since deceased, and said joint will having been made and executed by us on November 17,1906, now I do make, ordain and publish this codicil to said will, and do revoke Item Five of said will entirely, and wish the provisions of this codicil to control instead of said article five.

I desire that on my decease, my executor, and the executor of the estate of my said wife, shall proceed to carry out all of the provisions which my wife has made in those sections of this will to which this codicil is annexed, for disposing of her estate.

I will and direct said executor to give to ISAAC ANDREWS, who resides near West Point, near Lafayette, Indiana, my clothing.

I will and direct said executor to give to ELMEDA ANDREWS, daughter of ISAAC ANDREWS, a ten dollar gold piece, that she may purchase something to be a remembrance of me.

I will and direct my executor to give to JAMES BURT, of Lafayette, Indiana, my watch and chain.

I will and direct that my said executor shall divide the rest and residue of my estate among the devisees and legatees of my wife named in Item Four of said joint will, and among JOSIE BURT and ELMEDA ANDREWS. I desire that said executor shall take account of the residuary estate of my said wife and of my estate after the payment of specific bequests, and shall so dispose of the said residuary states that one-sixth thereof shall go to each of said beneficiaries herein referred to, that is, one-sixth to JOSIE BURT, of Lafayette, Indiana; one-sixth to ELEMEDA ANDREWS of West Point, Indiana; and one-sixth each to the legatees and beneficiaries named in item four of the joint will executed by my wife MARY E. STEWART and myself on November 17,1906, and to which this codicil is attached.

I give and direct said executor full power and authority to sell any real estate that I may leave at my decease, and convert all of my estate into money so that it may be divided among said parties herein named as legatees and beneficiaries of this my last will and testament.

In all other regard, excepting as herein changed, I confirm the provisions I have heretofore made in my said last will and testament to which this codicil is attached.

In witness whereof, I have hereunto set my hand and seal this fourth day of December, 1908.

Signed, sealed, published and declared as and for his codicil to his last will and testament, by JOHN W. STEWART, in our presence, and we in his presence and at his request, do sign the same as witnesses.
Witness our hands and seals this fourth day of December 1908.

I, JOHN W. STEWART, having heretofore executed with my wife MARY E. STEWART, a joint last Will and Testament, which Will was executed November 17, 1906, and I having executed a codicil to said will on December 4, 1908~~

Now having become possessed of additional property since the execution of the Will and Codicil above referred to, and wishing to make disposition of said additional property, I make the following bequests;

8. I give and bequeath to the Trustees of the Methodist Episcopal Church of Battle Ground, Indiana, Twenty-five dollars.

I further direct that upon my decease; my executor shall sell and dispose of my cottage on the Camp Meeting Grounds at Battle Ground, Indiana, and after the payment of my funeral expenses and just debts, that he shall divide the residue of my estate among the legatees named and designated in this codicil of my Will.

In all other regards, excepting as herein modified, I affirm all of the conditions contained in my will and the first codicil attached thereto.

In witness whereof I have hereunto set my hand and seal this 21st day of November 1910.

Signed, sealed, published and declared as and for a second codicil to his last will and testament by JOHN W. STEWART, in our presence and we in his presence and at his request do sign the same as witnesses. Witness our hands and seals this twenty-first day of November 1910.

Note: John Wesley Stewart was born August 8, 1842, in Delaware, the son of William Stewart and Rebecca Hardman. Mary E. Stewart was born 1848 in Sussex County, Delaware, the daughter of James Thomas Watkins and Elizabeth Vaulx (Voss). They were married February 5, 1865, in Warren County, Indiana. John W. and Mary E. Watkins Stewart had no children. After the death of his first wife, Rebecca, William Stewart was married to Ann Watkins, an aunt of James Thomas Watkins, on October 28, 1845, in Sussex County, Delaware.

John Wesley and Mary E. Watkins Stewart are buried at Battle Ground Cemetery (see tombstone).