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Mary Moore Ensminger Made: 12 October 1877 Proved: 15 March 1878 Tippecanoe Co., Indiana |
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Mary Moore Ensminger Made: 12 October 1877 Proved: 15 March 1878 Tippecanoe Co., Indiana |
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I, MARY ENSMINGER, of the County of Tippecanoe in the State of Indiana, do hereby make, publish and declare this my last will and testament, hereby revoking and making void former wills by me at any time heretofore made.
1. I hereby will and direct that all my just debts and funeral expenses be paid as soon as practicable after my decease.
2. I hereby give, devise and bequeath to my brother William B. Moore, the following described real estate situate in the County of Tippecanoe in the State of Indiana, to wit: the west half of the north west quarter of section thirty-five (35) in township twenty-three (23) of Range four (4) west. Also a part of the south east quarter and also a part of the north east quarter of section thirty-four (34) in township twenty-three (23) north of range four (4) west described as follows viz: commencing at the northeast corner of the south east quarter aforesaid and running south on the east line of said section two hundred and seventeen and one half (217 1/2 ) feet more or less, to the north corner of a lot deeded by Hester Deming to Fairfield township, see Deed Record 41 at pages 101 & 102 of records of Tippecanoe county aforesaid, thence south westerly, along the westerly line of said lot so deeded to said township, to the Dayton Gravel Road, thence north westerly along said road forty feet, thence north easterly to a point twelve feet west of the north east corner of said quarter section, thence north twelve feet, thence east twelve feet, thence south twelve feet to the place of beginning.
3. I hereby give, devise and bequeath to my nephew James Moore, son of my said brother William B. Moore the equal one half of the proceeds of the sale of the following described real estate situated in the county of Tippecanoe in the State of Indiana towit: part of the west half of the south west quarter of section thirty-five (35) in township twenty-three (23) north of range four (4) west, described as follows towit: beginning at the northwest corner of the aforesaid tract, running thence south on the west line of said tract to the center lines of the Dayton Gravel Road, thence south easterly with the center line of said road to a point from which a line running north and parallel with the west line of said tract, to the north line of said tract will contain sixteen acres, thence north from said point to the north line of said tract, thence west on the north line of said tract to the place of beginning containing sixteen acres, And if my said nephew James Moore shall desire to do so he may purchase said real estate and in that case one-half of the purchase money to be paid therefore shall go to pay his legacy under this my will and the other half of said purchase money shall be secured by mortgage on the entire sixteen acres.
4. I hereby give and bequeath to the children of my sister Margaret Cresse, now deceased, one thousand dollars in current funds to be divided equally among them share and share alike and if any child of my said sister shall have died before my decease leaving a child or children, such child or children shall take the share of said one thousand dollars which would have otherwise gone to the father or mother.
5. I hereby give and bequeath to my niece Mary F. Downs, daughter of my sister Nancy, one hundred dollars in current funds; which it is all that I intend for her to have of my estate. The reason I have limited her to this amount is that she is waging an unjust claim against the estate of my deceased husband.
6. I hereby give and bequeath to my niece Permelia Tuttle, daughter of my said sister Nancy, two hundred dollars in current funds, which is all that I intend for her to have of my estate. The reason I have limited said Permelia to this amount is that she is wrongfully aiding and abetting her sister, said Mary F. Downs in the prosecution of her said unjust claim.
7. As to all the rest and residue of my estate I give, devise and bequeath the same as follows towit:
To my brother James Moore the equal one-fifth thereof.
To my sister Rachel the equal one-fifth thereof.
To the descendants of my sister Margaret Cresse, now deceased the equal one-fifth thereof.
To the descendants of my sister Elizabeth Sherwood, now deceased the equal one-fifth thereof.
To Amanda Thompson, Ava Tuttle and Newman Tuttle three of the children of my said
sister Nancy the equal one-fifth thereof, to be divided among them equally share and share alike.
8. And it is my will that in paying said legacies if any of said legatees desire to take any real estate or any part thereof not in this my will otherwise disposed of at the appraised value in payment of said legacies, my executor is hereby authorized to convey the same to such legatee or legatees, to be applied on his her or their legacy.
Provided, however, that my executor may in his discretion make such conveyance, or if he deem it for the interests of my estate he may sell all or any part of my real estate not specially devised by this my will. And my executor is hereby authorized and empowered to sell my real estate not specially devised, as aforesaid, in whole or in part, with or without notice, for cash or on credit, at public or private sale, the deferred installments of purchase money in any such sale to be secured to the acceptance and approval of the proper court to which my executor may be required to report his trust.
And it is my will that no order, judgment or decree of any court shall be necessary therefor before making sale of any of my real estate under this my will; but my executor shall report any and all such sales to the proper court having jurisdiction of probate matters, for approval of the sales and for authority to cover the real estate so sold. Any my executor shall be entitled to the possession of all my real estate no specially herein devised, and the rents and profits thereof shall be a part of my estate until such real estate shall be taken in payment of legacies as in this my will provided, or sold.
9. I hereby set apart the sum of one hundred fifty dollars which I hereby bequeath to Spring Vale Cemetery to be held in trust for the following purpose, that is to say, Said corporation on receiving said sum shall invest the same and use the income thereof in keeping and maintaining in good order the cemetery lot in which the remains of my late husband are buried and in which my remains are to be interred after my decease, in all respects according to the decease, in all respects according to the rules adopted and now in force by said Corporation.
10. I hereby nominate, constitute and appoint Daniel Royse Executor of this my will. In witness whereof I have hereunto set my hand and seal on this 12th day of October 1877.Signed: Mary Ensminger {seal}
Signed, sealed, published and declared by the above named testatrix, Mary Ensminger, as and for her last will and testament in our presence; and at her request we have hereunto subscribed our names as witnesses in her presence and in the presence of each other.
Esther Ann Deal Nelson J. Rose Rosalia Covert.
Codicil - 18 December 1877
I, Mary Ensminger of the County of Tippecanoe in the State of Indiana, having made the above and foregoing last will and testament on the 12th day of October A.D. 1877, and being now of sound and disposing mind and memory hereby make, publish and declare this my codicil to said will;
I hereby give and bequeath to Rosalia Covert one hundred dollars. In witness whereof I have hereunto set my hand and seal on this 18th day of December A.D. 1877.Signed: Mary Ensminger {seal}
Signed, sealed, published and declared by the above named testatrix, Mary Ensminger, as and for her codicil to her above and foregoing last will and testament in our presence and at her request we have hereunto subscribed our names as witnesses in her presence and in the presence of each other on this 18th day of December A.D. 1877.
Mrs. E. J. Mitchell Mary C. Spencer
Heirs Mentioned in the The Final Record of the Estate of Mary Moore Ensminger
The following appeared in Open Court, 1879, in the matter of the estate of Mary Moore Ensminger:
Rachel Little (widow) of VERMILLION CO., IN, by William L. Little of Newport, VERMILLION CO., IN, her attorney in fact.
Daniel T. Cresse, Wilson Cresse, Ruth Shaw & her husband Thomas Shaw, Mary F. Bennett and her husband Jesse Bennett by Daniel T. Cresse their attorney in fact.
Amanda Thompson and Horace M. Thompson her husband; Ava Tuttle and Newman Tuttle personally. (These are children of Chester and Nancy Moore Tuttle.)
Alvin Sherwood personally and Mary Jane Douthit (widow) a resident of Marion Co., OR and Melissa Timmons (widow), a resident of COFFEY CO., KS; both by said Alvin Sherwood their attorney in fact.
The infants Charles E. Walter, over age 14
Mary Jane Walter over age 14
William A. Walter age 12
Little A. Walter age 10
Oliver E. Walter age 9
Melissa Walter age 6
(heirs of Elizabeth Sherwood, dec'd) by their guardian Alvin Sherwood. The Walter's and Sherwood's were residents of COFFEY CO., KS.Dorcas Gafford of BROWN CO., KS, by Joseph Gafford her husband and attorney in fact.
John W. Moore of GUTHRIE CO., IA, personally
Susannah P. Comstock, James T. Moore of PARKE CO., IN and Rebecca Moore by John W. Moore their attorney in fact.
William E. Moore, Chester G. Moore and Alice M. Moore, infants, by said John W. Moore their guardian. Edwin H. Moore and Harry Moore, infants, by Thomas S. Berry their guardian and Caroline Moore, the mother of said Edwin and Harry, by their attorney in fact, the said Thomas S. Berry, and Daniel Royse as executor. (Heirs of James Moore)
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