I, Margaret Korb of New Albany, Floyd
County, IN. being of sound mind and disposing memory do make and
publish this my last Will & Testament.
Item 1. I direct that all my just debts and funeral expenses be paid as
soon as possible after my death and out of the first moneys that shall
come to the executors hereinafter nominated.
Item 2. I give, bequeath and devise unto my beloved husband Jacob Korb,
my home farm on which we now live, together with all my household
furniture and all other personal property on said farm for and during
his natural life and for my said husband’s comfortable support and
maintenance. I further direct that all the rents arising from my other
real estate and all interest or profits arising from notes or other
interest bearing securities I may have on hand at the time of my death
shall be paid to my said husband by the trustees of my estate
hereinafter designated.
Item 3. I will, bequeath and devise unto my sons John J. Korb and
George O. Korb, in trust only, for my said husband, Jacob Korb, during
his natural life at the expiration of which this trust shall cease, all
my other real estate and all mix personal property to have and to hold
the same, as trustees only, of my said husband so long as he shall
survive and at expiration of his life this trust shall cease and the
within estate, together with the said home farm, shall merge into my
estate and be devoted to the purpose and in the manner hereinafter
particularly mentioned. The said Trustees shall have full and complete
power and authority over said trust estate and they are hereby
empowered to rent said real estate, as in their joint opinion upon such
terms and for such purposes, however, not to exceed a year at a time,
seems best and they, and they shall collect the rents arising therefrom
and pay the same over to my said husband without demand. And said
trustees are hereby empowered to sell and convey, by warranty deed the
fee simple title to all or any part of the real estate I may own in the
town of Silver Grove upon such terms as they may elect and they shall
invest, if possible, the proceeds of any such sales so that the same
will ear n interest, or be a source of profit, and said trustees shall
have the power and I now authorize them to collect all notes that I may
hold at my death, which are secured by mortgage and I now empower said
trustees to fully satisfy such mortgages whenever the notes which
they secure have been fully paid—and said Trustees shall collect all
sums owing my estate, whether evidenced by bonds, notes, or other
obligations, as well as open accounts and their joint receipts,
therefore shall be binding upon my estate, but the said trustees shall
invest all such moneys so collected, if possible , so as to bear
interest or create an income or profit.
And said trustees shall pay over to my said husband without delay or
demand, all interests, income or profit arising from such bonds, notes
or other obligations or investments, taking his receipt therefore.
Item 4. At the expiration of my said husband’s life and not before the
gifts devises hereinafter made, and mentioned shall be operative.
Item 5. I will and devise unto my beloved daughter, Kate Korb the real
estate in the city of New Albany, Floyd County, Indiana, described
thus: the East 5 feet of lot # 56, all of lot # 57, and the West 25
feet of Lot # 58, Plat # 316, on Culbertson Avenue and appurtenances,
in fee-simple.
Item 6, I will and devise unto my beloved daughter, Louisa Gaibel, the
real estate in the City of New Albany, Floyd County, Indiana, described
thus: The west 25 feet of lot # 85, on the Southeast corner of Upper
15th Street and Elm Streets, and appurtenances, in fee-simple.
Item 7, I will and devise to my beloved Mary Frank, the real estate in
the city of New Albany, Floyd County, Indiana, described thus: the west
one half of lot # 103, Plat #13, on Upper Elm Street and appurtenances
in fee-simple, and in view of the difference in value between real
estate devised to my daughter Louisa Gaibel and the real estate herein
devised, I give and bequeath in addition to said real estate into
my daughter Mary Frank the sum of two hundred dollars.
Item 8, I will and devise to my beloved son John J. Korb the real
estate in the city of New Albany, Floyd County, Indiana, which may be
identified as the West one half of the real estate lying on the North
side of Lower Spring Street, recently purchased by me from one
Mary F.L. Hedden, in fee simple, and in view of the difference in value
between real estate devised to said Louisa Gaibel, and the real estate
herein devised, I give and bequeath in addition to said real estate,
unto my son John J. Korb the sum of two hundred dollars.
Item 9, I will and devise unto my beloved son George O. Korb, the real
estate in the City of New Albany, Floyd County, Indiana which may be
identified as the East one half of the real estate lying on the North
side of Lower Spring Street, recently purchased by me from Mary F.L.
Hedden, in fee simple, and in view of the difference in value between
the real estate devised to said Louisa Gaibel and the real estate
herein devised, I give and bequeath in addition to said real estate
unto my son George O. Korb the sum of two hundred dollars.
Item 10, I will and bequeath unto my said beloved daughters and sons,
in fee simple and absolute, the residue of my estate, real, mixed and
personal property, to be held by them, share and share alike and if in
course of time my said children shall desire to separate and divide
said property, then in that event I earnestly request of each of them,
that they refrain from resorting to legal proceedings for its
separation, and instead of seeking the aid of the courts, that they get
together and in a peaceful and quiet manner, make a mutual division of
my estate. I remind them that it costs and costs and law.
Item 11. I hereby nominate my said sons John J. and George O. Korb
Executors of this my last Will & Testament and at the expiration of
the year in which they shall serve as such executors, I request that
they qualify as trustees under the last Will & Testament and be
discharged as Executors.
In testimony whereof, I have hereunto set my hand and seal this 17th of
November 1891.
Signed, Margaret Korb (seal)
Signed, sealed, and executed by said testatrix as her last Will and
Testament in our presence and at her request signed by us in her
presence and in the presence of each other, as witnesses to said will,
the day and year above written.
Witnesses: John Newhouse, Charles D. Kelso
Codicil No 1.
I, Margaret Korb, who still continues sound of mind and disposing
memory, in view of the fact that since the execution of the above and
foregoing Will, I have sold and disposed of Lot # 103, Plat 13, as
designated in Item 7 of said Will, do hereby add the following Codicil
to my said Will, I will, give and devise unto my beloved daughter Mary
Frank, in lieu of said Lot #103, the East 28 feet of the front 36 feet
of Lot # 15 on the South side of Lower 2nd and Washington Streets
in the City of New Albany, Indiana, and in all other respects I hereby
continue Item 7 of my said Will in full force and effect.
In witness whereof I have hereunto set my hand and seal to this Codicil
of my last Will this 24th of August,
1894. Signed,
Margaret Korb (seal)
Signed, sealed and executed by said testatrix in our presence as the
1st codicil to her last Will & Testament and signed by us, as
witnesses, at her request, and in her presence, and in the presence of
each other, the day and year above written
Witnesses: F.A. Pennington & Charles D. Kelso.
The State of Indiana, Floyd County}SS.
Be it remembered that on the 9th day of May 1908, Charles D. Kelso, one
of the subscribing witnesses to the within and foregoing last Will
& Testament of Margaret Korb, late of said County, deceased,
personally appeared before me William F. Ruoff, Clerk of the Floyd
Circuit Court, State of Indiana, and being duly sworn upon oath
declared and testified as follows: that is to say, that on the 17th day
November A.D. 1891, he saw the said Margaret Korb,sign her name to the
said within named instrument in writing as and for her last Will &
Testament, and that this deponent at the same time heard the said
Margaret Korb declare the said instrument in writing to be her last
Will & Testament, and that the said instrument in writing was at
the same time at the request of said Margaret Korb and with her consent
attested, and subscribed by the said Charles D. Kelso and one John
Newhouse, in the presence of said testatrix, and in the presence of
each other as subscribing witnesses of the said instrument in writing
as aforesaid, of full age, (that is to say more than 21 years of age),
and of sound and disposing mind and memory, and not under any coercion
or restraint and the said deponent verily believes and further says not.
Signed, Charles D. Kelso.
Sworn to and subscribed before me, William F. Ruoff, Clerk of
said Floyd Circuit Court.
on the 9th day of May 1908. signed. Wm. F.
Ruoff, Clerk F.C.C.
State of Indiana, Floyd County Circuit Court,
I, William F. Ruoff, Clerk of the said county and state certify that
the within annexed last Will & Testament of Margaret Korb has been
duly admitted to probate, and duly proved by the testimony of Charles
D. Kelso, one of the subscribing witnesses thereto, that a complete
record of said Will and the testimony of said Charles D. Kelso in proof
thereof has been by me made and recorded on pages, 18,19,20,21, and 22
of the Record of Wills Bk. “G” of said County.
Signed, Wm. F. Ruoff, F.C.C. (seal)
The State of Indiana, Floyd County} SST.
Be it remembered that on the 9th day of May 1908, Charles D. Kelso, one
of the subscribing witnesses to the foregoing Codicil to the last Will
& Testament of Margaret Korb, deceased, personally appeared before
me, William F. Ruoff, clerk of the Floyd County Circuit Court, Indiana
and being duly sworn upon oath, declared and testified as follows: that
is to say that on the 24th day of August A.D. 1894, he saw the said
Margaret Korb, sign her name to said instrument in writing as and for a
Codicil to her last Will & Testament, and that this deponent at the
same time heard the said Margaret Korb declare the said instrument in
writing to be a Codicil to her last Will & Testament and that the
said instrument in writing was at the same time at the request of said
Margaret Korb, and with her consent attested and subscribed by the said
Charles D. Kelso, and one F.M. Pennington, in the presence of the
testatrix and in the presence of each other as subscribing witnesses as
thereto, and that the said Margaret Korb was at the time of the signing
and subscribing of said instrument in writing as aforesaid, of full
age, (that is to say more than 21 years of age), and of sound and
disposing mind and memory, and not under any coercion or restraint as
the deponent verily believes and further the deponent says not.
Signed, Charles D. Kelso.
Sworn to and subscribed to by the said Charles D. Kelso before me
William F. Ruoff, Clerk Floyd Circuit Court on the 9th day of May 1908.
In attestation whereof, I have hereunto set my hand and affixed the
seal of said Court.
William F. Ruoff, Clerk F.C.C.
The State of Indiana, Floyd County}SST.
William F. Ruoff, Clerk of the Floyd County Circuit Court,, Indiana, do
hereby certify that the within annexed Codicil to the last Will &
Testament of Margaret Korb, has been duly admitted to probate, and duly
proved by the testimony of Charles D. Kelso, one of the subscribing
witnesses thereto, that a complete record of the said codicil and the
testimony of one Charles D. Kelso in proof thereof has been by me duly
made and recorded at pages,20 and 22, of the Record of Will bk. “G.” of
said County.
In Attestation whereof, I have hereunto subscribed my name and seal as
clerk of the said Court in New Albany, Indiana, this 9th day of May
1908. Signed. Wm. F. Ruoff, Clerk F.C.C.
State of Indiana, Floyd County}SST.
I, William F. Ruoff, Clerk of the Floyd county Circuit Court, Indiana,
do hereby certify that I have compared the above and foregoing
with the original and that the same is a full, true and complete copy
of the Last Will and Testament of Margaret Korb, deceased, together
with the certificate of Probate thereto attached, and of the Codicil to
the last Will & Testament of Margaret Korb, deceased, together with
the certificate of probate thereto attached, and as same appears on
file in my office this 9th day of May 1908,
Signed, William F. Ruoff, Clerk Floyd County Circuit Court, Indiana
(Transcribed and contributed by Bonnie Clark
clarkbar@bbtel.com)
SARAH KELLY’S WILL
Date; Sept. 15th,
1885
In the name of the Benevolent Father
of all.
I, Sarah Kelley, Widow of the late
Samuel Kelly of the City of New Albany, Floyd County, Indiana, being of
sound mind and disposing memory do make and publish this my last Will
& Testament.
Item 1. I hereby revoke all former
Wills by me made.
Item 2. I will and devise unto my
Mary Swift wife of my son William P. Swift to hold during her natural
life, the two story frame house and the lot on which it stands on the
East side of Lower 6th Street in the said City of New Albany, said lot
being adjoining to and immediately south of the lot owned by Sanders,
formerly owned by Hiram Lanham. Provided the said Mary Swift shall pay
off and discharge a mortgage to secure $200 dollars, in favor of
Christiana Money, said mortgage being a lien on the premises
immediately south of the house and lot devised. The said sum of $200
being a debt of the husband of said Mary Swift.
Item 3. I will and devise the said
premises heretofore devised to Mary Swift for life, to her children
begotten by her and said husband after her death.
Item 4. I will and bequeath unto my
son the said William P. Smith all the personal property of which I was
possessed at the death of his father and at the time of my marriage to
my late husband, said Samuel Kelly.
Item 5. All the rest of my Estate,
real personal and mixed. I hereby bequeath unto Emma Swift widow of my
son James Swift, to be held in trust by her, for the use and benefit of
my son Henry H. Kelly-provided the said Henry H. Kelly, who owns the
undivided one half of the premises herein devised to said Mary Swift,
shall convey his said half of said premises to said Mary Swift, and if
he fails to make such conveyance, then it is my will and I so bequeath,
out of the said residue of my estate to the said Mary Swift a sum equal
to the value of one half of said premise devised to her and, I hereby
appoint said Emma Swift Trustee to take __ (smeared) of and hold all
the property hereby devised to the said Henry H. Kelly unto such time
as shall demand in writing the surrender to him of said trust premises.
Item 6, I hereby nominate and appoint
my said son Henry H. Kelly executor of this my last Will &
Testament.
In testimony whereof I have hereunto
set my hand and seal this 15th day of Sept. 1885.
Signed. Sarah Kelly (seal)
Signed, sealed and executed by said
testatrix, in our presence and at her request and in her presence and
in the presence of each other hereto set our names as subscribing
witnesses Sept. 15th, 1885.
Witnesses. H. H. Wick & G. W.
Hankey
The state of Indiana, Floyd County}
SST.
Be it remembered that on the 11th day
of January Henry H. Wicks one of the subscribing witnesses to the
within and foregoing last Will and Testament of Sarah Kelly late of
said County, deceased, personally appeared before me Henry R.W. Meyers,
Clerk of the Floyd Circuit Court, Indiana, and being duly sworn on his
oath declare and testified as follows: that is to say that on the 15th
of September A.D. 1885 he saw the said Sarah Kelly sign her name to
said instrument in writing as and for her last Will & Testament,
and that his deponent at the time heard Sarah Kelly declare the said
instrument to be her last Will and Testament and that said instrument
in writing was at the same time, at the request of said Sarah
Kelly and with her consent, attested and subscribed by said Henry W.
Wicks in the presence of the said Testatrix in the presence of
each other as subscribing witnesses thereto and the said Sarah Kelly
was at the time of the signing and subscribing of said instrument in
writing of full age (that is to say more than 21 years of age), and of
sound mind and disposing memory, and not under any coercion or
restraint as the said deponent believes and further says
not. Signed. Henry W. Wicks,
Sworn to and subscribed to by the
said Henry H. Wicks before me Henry R. W. Meyer, clerk of the Floyd
Circuit Court this 11th day of January 1888.
In attestation whereof I have
hereunto subscribed my name and affixed the seal of said Court. H. R.W.
Meyers, Clerk
State of Indiana, Floyd County}SST.
I, Henry R.W. Meyer, clerk of the
Floyd county Circuit Court of Indiana, do hereby certify, that the
within named last Will and Testament of Sarah Kelly has been duly
admitted to probate and proved by the testimony of Henry H, Wicks, one
of the subscribing witnesses thereto, that a complete record of said
Will and testimony of the said Henry H. Wicks, in proof thereof has bee
by me duly made and recorded at pages 17,18,& 19 of the Record of
Wills bk. Of said County.
In attestation whereof I have
hereunto subscribed my name and affixed the seal of said Court in New
Albany this 11th day of January, 1888.
Signed, Henry R. W. Meyer. Clerk,
Floyd County.
(Transcribed and contributed by Bonnie Clark
clarkbar@bbtel.com)
SAMUEL W. NEWBURGER WILL
Date;Apr. 27,1907
I, Samuel W. Newburger, a
citizen & resident of New Albany, Floyd County, Indiana, do make,
declare and publish this my last Will & Testament
First. I give to my daughter, Sylvia
N. Kuhn, the sum of five thousand ($5000) dollars to be her absolutely,
free from the use, control or liability of any husband she may ever
have. The said $5000 shall not be charged to the said Sylvia N. Kuhn in
the final distribution of my estate hereinafter provided for.
Second. I direct that the beginning
of the first month after my death, my son, Harry Newburger shall be
paid and allowed the sum of one hundred dollars ($100) per month for a
period of twenty (20) months, that and further sum of Two thousand
($2000) shall be set aside for the said Harry Newburger, with the
privilege in him to use the principal of the same from time to time as
he may desire, in installments not exceeding $100 per month.
I also give the said Harry Newburger
the further sum of Two Thousand dollars ($2000) to be payable in three
(3) years after my death, provided, however that my Executrix in her
discretion may sooner pay over this two thousand ($2000) dollars, or
any part thereof in her judgment it is to the interest and advantage of
my said son so to do.
These bequests to my son shall not be
subject to anticipation or assignment by him and should he die before
he has come into the actual possession of the aforesaid or any part
thereof, his interest therein and thereto shall cease, and determine.
No part of the aforesaid $6000 shall be charged to the said Harry
Newburger in the final distribution of my estate as herein after
directed and further provided, if the events upon which final
distribution of my estate takes effect, shall have occurred before all
of said payments are made, that the right to such unpaid part of this
devise shall cease and determine.
Third, I give to each of my
grandchildren who may survive me, the sum of five hundred dollars
($500), which shall be paid over to the respective parents of said
children in their discretion to use and supply for the same for the
benefit of said children respectively and no accounting shall ever
be required by any of said children of their parents of
their use of their use and application of aforesaid five hundred
dollars ($500), the use of same being referred entirely to the
discretion of the parents of said children respectively.
Fourth, I give the sum of one hundred
($100) to the Montefiore Home of Cleveland, Ohio, the sum of one
hundred dollars ($100), to the United Hebrew Relief Association of
Louisville, KY. And the sum of one hundred dollars ($100), to the
Cornelia Orphan Asylum of New Albany, Indiana.
I desire that these bequests shall
not fail for want of an accurate, technical description of the
beneficiaries, and if any of the said institutions shall have ceased to
exist at the time of the probate of this Will, then the money shall be
turned over to the society more nearly carrying out the particular
charity now being performed by such association.
Fifth, all the rest, residue and
remainder of my estate of every kind, character and description, I give
devise and bequeath to my wife Leah Newburger, to have use and enjoy
the same and all the income thereon, for an during the course of her
natural life, or so long as she remains unmarried.
In the event said Leah Newburger
should marry again, then I direct that she shall have one third 1/3 of
my estate absolutely. Upon the death of my of my wife or upon her
remarrying, it that event should occur, then all my estate remaining
for distribution shall be equally divided between my children, William
Newburger, Stanley Newburger, Sylvia N. Kuhn, Harry Newburger, or such
of them as survive me and are alive at the death of my time of
the division of my estate.
If any of my sons or daughters named
above shall die before the division of my estate, leaving him or her, a
wife or husband, then such surviving husband or wife (as the case may
be) if unmarried at the time of the division of my estate shall receive
twenty per cent (20%) of the share in my estate that would have gone to
said deceased son or daughter, if she if he or she were then living.
The balance of the share of such sons
or daughters, if there is a surviving husband or widow, as aforesaid,
or all of said share if there is no surviving widow or husband,
shall go to the surviving children of said deceased sons or daughters,
in equal amounts , provided that if such grandchildren attain the age
of twenty one years or survive or her interest shall become absolute,
but if any such grandchildren shall died under the age of 21 years or
un married, then the share or interest of such a one shall go to his or
her surviving sisters or brothers, or their descendents, if any, but if
such grandchild should leave no sisters or brothers, or descendents of
such, surviving him or her, then such share shall return to my
surviving children named in this Will in equal proportions, the
descendents of any deceased child to take the parents share.
If any of my children named herein
shall died before me, or before the division of my estate, leaving
neither children nor descendents surviving him or her, then his or her
share, subject to the interest of the surviving children, in equal
proportions, the descendents of any deceased, child to take the parents
share.
Sixth, I am a member of the S.W.
Newburger and Co.doing business in the City of New Albany, Indiana,
which is a co-partnership consisting of testator (S.W. Newburger) and
my two sons, William Newburger, and Stanley Newburger.
I desire that my investment in said
firm shall continue for 2 years after my death at which time it shall
be inventoried and appraised at its fair cash value, and sold to my 2
sons, who are partners in said business, and the said executrix is
authorized to extend credit to my said sons in making said sale
aforesaid and allow them a reasonable time in which to pay for said
interest so acquired by them.
Seventh, I appoint my wife Leah
Newburger as Executrix of this my last Will & Testament and
request that she be permitted to qualify with out any surety or bond,
that no inventory or appraisement of my estate be made be required of
her and no return there of made.
She shall, as soon as convenient,
after her qualification, make a statement to each of my children, of
the extent of the estate in her hands and shall likewise at reasonable
intervals and upon request make similar additional statements,
showing the nature, extent and character of the estate in her
hands. My executor herein appointed, or anyone who may qualify as such
shall have full power to sell and convey any real estate owned by me
and make conveyance thereof by deed as fully as I could so if living
and no purchaser shall be to look to the application of the purchase
money.
In testimony where of witness my
signature at New Albany, Floyd County, Indiana, this 27th day of April,
1907. Corrections on lines 12 and 28, page 2, and interlineations of
word “credit line 9 page 5 made before signing.
Signed, Samuel W. Newburger.
We, the undersigned, both of New
Albany, Floyd County, Indiana do hereby certify that the above and
foregoing instrument in writing was produced before us by Samuel W.
Newburger and acknowledged the same as his last Will & Testament,
and signing and acknowledged the same as such in the presence of both
of us, and we in the presence of the testator, and at his request and
in the presence of each other, do subscribe our names thereto as
attesting witnesses to said Will of Samuel W. Newburger.
In testimony whereof we have hereunto
set out hands at New Albany, Floyd County, Indianathis 27th day of
April, 1907.
Witnesses: James M. Andrew,
Earl S. Gwin, Wm. E. Falk
Alfred Bellingan, Attorney, Kenyon
Building, Louisville, Ky.
The State of Indiana, Floyd County,
Be it remembered that on the 27th day
of March 1908, Earl S. Gwin, one of the subscribing witnesses to the
within and foregoing last Will & Testament of Samuel W. Newburger,
late of said county, deceased, personally appeared before Floyd Circuit
Court, Indiana, and being duly sworn by the Clerk of said Court, upon
his oath declared and testified as follows: that is to say that on the
27th day of April, 1097, he saw the said Samuel W. Newburger sign his
name to said instrument in writing to be his last Will & Testament
and that the said instrument in writing was at the same time, at the
request of said Samuel W. Newburger and with his consent, attested and
subscribed by said Earl S. Gwin, and James M. Andrew, and Wm. E. Falk,
in the presence of said testator, and in the presence of each other as
subscribing witnesses thereto, and that the said Samuel W. Newburger
was at the time of the signing and subscribing of the said instrument
in writing, as aforesaid of full age, (that is to say more than 21
years of age), and of sound and disposing mind and memory, an not
under any coercion or restraint, as the deponent verily believe and
further says not. Signed, Earl S. Gwin
Sworn to and subscribed by the said
Earl S. Gwin, before me, William R. Rouff, Clerk of the Floyd County
Circuit Court on the 27th day of March 1908.
State of Indiana, Floyd
County}SST.
I, William F. Ruoff, Clerk of the
Floyd County Circuit Court, Indiana do hereby certify that the within
annexed and last Will and Testament of Samuel W. Newburger has been
duly admitted to probate, and duly proved by the testimony of Earl S.
Gwin, one of the subscribing witnesses thereto, that a complete
record of said Will, and the testimony of Earl s. Gwin, in proof
thereof has been by me duly made and recorded at pages 3,4,5 of the
Record of Wills “:G” of said County
In attestation whereof I have
hereunto subscribed my name and affixed the seal of the said Court, at
New Albany this 27th day of March 1908.
Signed: William F. Ruoff, Clerk
F.C.C.
State of Indiana, Floyd County}SST.
I, William F. Ruoff Clerk of the
Floyd Circuit Court and for the said county and state, do hereby
certify that I have compared the above and foregoing within with the
original and that the same is a full, true and complete copy of the
last Will and Testament of Samuel W. Newburger, deceased, together with
the certificate of probate thereto attached as the name appears on file
in my office this 27th day of Mar. 1908
Signed. Wm. R. Ruoff, F.C.C.
(Transcribed and contributed by Bonnie Clark
clarkbar@bbtel.com)
ANNA B. PLEISS WILL
Date; Nov. 16, 1881
In the name of the Benevolent Father,
Amen.
I, Anna B. Pleiss being of sound mind and disposing memory do make and
publish this my last Will & Testament.
I will,devise and bequeath to my beloved daughter Rosa Holmes all of my
property, both real and personal to have and to hold the same to
herself, her heirs and assigns forever, including my old home, in
the County of Floyd, Indiana, described as follows, to wit:
It being now all the East half of the North West quarter of section 5,
in Township 3, south of range 6 East, that is now on the south and
south west side of the New Albany and St. Louis Railroad, and also
being all the said of Lot # 1, plat #237 in said County and State,
which is on said East half of the North West 5, Township 3, South of
range 6 East, and South and South West of said Railroad.
In testimony, whereof I have hereunto set my hand and seal this 16th
day of Nov. 1881.
Signed, Anna B. Pleiss. (seal)
Signed, sealed and acknowledged to be her last Will and Testament
by Anna B. ;Pleiss in our presence and signed and witnessed by us in
her presence and in the presence and at her request this 16th day
of Nov.
1881.
Witnesses: E. Williams, & John W. Harbison
State of Indiana, Floyd County: SCT.
Be it remembered that on 15th day of November 1887, John W.
Harbison, one of the subscribing witnesses to the within and foregoing
last Will and testament of Anna B. Pleiss of said county, deceased,
personally appeared before me Henry R.W. Meyer, Clerk of the said Floyd
County Circuit Court in Indiana, being duly sworn upon his oath
declared and testified as follows, that is to say, that on the 16th day
of November 1881 he saw the said Anna B. Pleiss sign her name to the
instrument in writing as and for her last Will &
Testament, and that the said instrument in writing was at the
same time at the request of the Said Anna b. Pleiss and with her
consent attested, and subscribed by said John W. Harbison, and one E.
Williams in the presence of said testatrix and in the presence of each
other as subscribing witnesses thereto, and that the said Anna B.
Pleiss was at the time of the signing and subscribing, of full age,
that is to say more than =21 years of age, and of sound mind and
disposing memory, and not under any coercion or restraint, as this
deponent verily believes, and further this deponent says not.
John W. Harbison
Sworn to and subscribed by the said John W. Harbison before me Henry
R.W. Meyer, Clerk of the Floyd Circuit Court on the 15th day of
November 1887.
In attestation whereof, I have hereunto subscribed my name and affixed
the seal of said Court in New Albany . Henry R.W. Meyer., By Fred
Sauer,Deputy
State of Indiana, Floyd county, SCT.
I,Henry R. W. Meyer, Clark of the Floyd County Circuit in Indiana
do hereby certify that the within annexed lat Will & Testament of
Anna B. Pleiss has been duly admitted to probate, and duly proved by
the testimony of John W. Harbison, one of the subscribing witnesses
thereto, that a complete record of said will and testimony of said John
W. Harbison in proof thereof has been by me duly made and recorded at
pages 2,3,4 of the record of Wills Bk “D” of said court at New Albany
this 15th day of November 1887.
Signed. Henry R. W. Meyer, by Frederick Sauer, Deputy. F.C.C.
State of Indiana, Floyd County}SCT.
I, Henry R.W. Meyer Clerk of the Floyd County Circuit Court, in Indiana
do hereby certify that the above is a full, true and compete record of
the Will of Anna B. Pleiss, late of said county, deceased and of
the certificate of probate thereto attached, as the same appeared on
files in my office this 15th day of November, 1887.
Signed, Henry r. W. Meyer, F.C.C
(Transcribed and contributed by Bonnie Clark
clarkbar@bbtel.com)
JOHN PLAISS, WILL
Date: May 21,1853
I, John Plaiss, of Floyd
County, IN., being of sound mind and memory, do make and publish this
my last Will & Testament.
1st. it is my Will and desire as many of my children are in helpless
infancy, that they be kept together on my estate, and to that and I
desire my beloved wife Anna Barbara Plaiss to retain the home
property and all my personal and Real estate and manage the same for
the best interest of my estate, and after providing for my children
according to their wants and necessities, that she have any and surplus
of profits, produce, or rents (if any portion thereof shall be rented)
to herself without being required to account for the same, and I hope
and trust that for the good of our children, my dear wife will accept
and faithfully perform this trust, and that she will receive every
assistance from my children during the term of her natural life.
2nd. After the death of my beloved wife, I give and devise unto my
children to –wit:
Lohrenz Peter Plaiss, Christian Phillip Plaiss, Catherine Christena
Dickerson , Emanuel Plaiss, Marion John Plaiss, Justinna Plaiss,
Solomon Plaiss . Barbara Plaiss, John Plaiss, Esther Plaiss, Margaret
Plaiss, Matthias Plaiss, Rosina Plaiss, Henry Plaiss, & Sarah
Elizabeth Plaiss, with such other child or children as may be
born to me or the survivors of them, subject to the provisions herein
after named, all my estate, whether Real or personal & mixed, to be
divided between them equally, share and share alike.
3rd. I believe litigation and disputes to be distractive of the
happiness of families, and I desire my estate settled without it, it is
my intention to leave no debts for my estate to pay, and if any one of
my children herebefore named , and referred to should be
dissatisfied with this my Will and commence any legal proceedings to
break said Will or to avoid the carrying out of any of its provisions,
I hereby revoke the devise herein before made to such litigating
child or children, and give him or them in lieu thereof
10 cents each, and give and devise the share that would have gone to
the litigating child or children to the remainder of my children, share
and share alike.
I hereby revoke all wills by me at any time heretofore made, and I
nominate & appoint my beloved wife Anna Barbara Plaiss sole
Executrix of this my last Will & Testament.
In witness whereof I have hereunto set my hand and seal this 21st of
May 1853.
John Plaiss (seal)
Signed, sealed by the above named John Plaiss in our presence and
declared by him to be his last Will & Testament to us who in his
presence and in the presence of each other have hereto subscribed our
names as witnesses.
Lucien Matthews, Frank Given, John Meyer, Samuel H. Owen.
(Transcribed and contributed by Bonnie Clark
clarkbar@bbtel.com)
FREDERCIK ALBERT
DANNECKER’S WILL
Date: Oct.
18,1887
In the name of god
Amen.
I, Frederick Albert Dannecker
of the city of New Albany, Floyd County, Indiana, being of sound mind
and memory make and declare this to be my last Will and testament.
1. I give and
bequeath to my father Frederick G. Dannecker my violins, violin box and
bow.
2. I give and
bequeath to my brother Alexander Dannecker my watch and chain.
3. I give and
bequeath to my brother William E. Dannecker my National Encyclopedia
and the book Inside life in Wall Street.
4. I give and
bequeath to my sister Emma Dannecker the gold chain mother gave me. The
house and lot of the south West corner Lower 8th and Main Street
in New Albany Indiana. deed recorded in Deed record Volume 33, pages
321, 322 and everything else belonging to me, in the house or
elsewhere, except what is mentioned above in clause 1,2,& 3.
5. I appoint my
sister Emma Dannecker my Executrix of this my last Will & Testament
without bond or security.
6. My sister
Emma Dannecker is to pay all just and lawful that I may owe at my death.
In witness whereof I, Frederick
Albert Dannecker have hereunto set my hand and seal the 18th day
of Oct. 1887. Signed: Frederick A.
Dannecker, (seal)
State of Indiana, Floyd County} SCT.
Be it remembered that on this day
21st of January 1888, personally appeared before me Henry
R.W. Meyer, clerk of the Floyd county Circuit Court, Indiana. William
E. Dannecker who being duly sworn on oath that the foregoing last
Will & Testament of Frederick Albert Dannecker is in the
handwriting of said decedent signed by said testator, and at the time
of making Will was of full age, and of sound and disposing mind and
memory and not under any coercion or restraint, as the said deponent
verily believes and further deponent says
not.
Signed, William E. Dannecker
Sworn to and subscribed by the said
William E. Dannecker before me this 21st day of January,
1888. Signed, Henry R. W. Meyer, Clerk F.C.C.
State of Indiana, Floyd County}SCT.
I, Henry R.W. Meyer, Clerk of the
Floyd County Circuit Court within the said county and State, hereby
certify that the foregoing last Will & Testament of Frederick
Albert Dannecker has been duly admitted to probate and duly proved by
the testimony of William E. Dannecker, that a complete record of said
Will and Testimony of the said William E. Dannecker in proof thereof
has been by me duly made and recorded in will Record “D” at pages 32,
& 33 of the Record of said county.
In attestation whereof I have
hereunto subscribed my name and affixed the seal of said court at New
Albany, Indiana, this 21st day of January 1888.
Signed, Henry R.W. Meyer, Clerk F.C.C.
State of Indiana, Floyd County}SCT.
I, Henry R. W. Meyer Clerk of the
Floyd Circuit Court within named county and state do hereby certify the
above and foregoing to be a full and true complete record of the will
of Frederick Albert Dannecker, deceased, and the certificate of probate
thereto attached as the same appears on file in my office this 21st day
of January, 1888
Signed. Henry R.W. Meyer, clerk F.C.C.
GEORGE WININGER’S WILL
Date: Dec.8,1884
In the name of the Benevolent Father
of all.
I, George Wininger do make, publish
this my last Will and Testament.
I give and devise to my beloved
wife, the farm on which we now reside including all the land in
the south east quarter of Section 20, in Township number 2, south of
range 5 east ,owned by me containing about one hundred acres, during
her natural life, and all the stock, household goods, furniture and
provisions, and other goods and chattels which may be therein be
at the time of my decease, during her natural life as aforesaid.
She however selling so much thereof
as may be sufficient to pay my just debts.
At the death of my said wife ,
the real estate aforesaid with the personal property remaining.
I give and devise to my
crippled invalid son Perry A. Wininger, during his natural life, and at
his death then the property above described is hereby devised and
bequeathed to my children and granddaughter Martha Ann Utz, Malinda
Byerly, Laura Baken, I. E. Murphy to share equally. My son Thomas
Winninger, having received his full share already. I only
bequeath him five dollars at the death of my invalid son Perry W.
Wininger. If however, my son Perry W. Wininger should die before
my beloved wife, then at the death of my beloved wife, the children
above named and grandchildren shall receive as at the death of my son
Perry W. Wininger.
In testimony whereof I have
hereunto set my hand and seal this 8th day of December 1884.
George Wininger (seal)
Signed, sealed and acknowledged by
William Byerly, George W. Summers, William Ryley.
State of Indiana, Floyd County} SCT.
Be it remembered that on the 14th day
of December 1887, George W. Summers, one of the subscribing witnesses
to the forgoing last Will & Testament of George Wininger, late of
said county, deceased, personally appeared before the Floyd Circuit
Court, Indiana and being duly sworn by the clerk of said court, upon
his oath declared and testified as follows: that is to say, that
on the 8th day of December, 1884 ,A.D. he saw the said George Wininger
sign his name to the said instrument in writing as and for his last
Will and Testament, and that the deponent at the same time heard the
said George Wininger declare the said instrument in writing to be his
last Will and Testament, and that the said instrument in writing was at
the same time at the request of the said George Wininger, and with his
consent ,attested and subscribed by the said George W. Summers and one
William Riley, in the presence of each other, thereto and that the said
George Winninger was at the time of the signing and subscribing of the
said instrument in writing as aforesaid of full age, that is to say
more than 21 years of age, and of sound and disposing mind and memory
and not under any coercion or restraint, and the said deponent verily
believes not, and further deponent says not. Signed, George
W. Summers.
Sworn to and subscribed by the said
George Summers before me Henry R. W. Myer, Clerk of the Floyd Circuit
Court on the 14 day of December 1887.
In attestation whereof I have
hereunto subscribed my name and affixed the seal of said Court.
Signed. Henry R. W. Meyer. Clerk F.C.C.
State of Indiana, Floyd County}SCT.
I, Henry R. W. Meyer Clerk of the
Floyd Circuit Court, Indiana, do hereby certify that the within annexed
last Will and Testament of George Winninger has been duly admitted to
probate, and duly proved by the testimony of George Summers one of the
subscribing witnesses thereto, that a complete record of said Will and
the testimony of said George Summers, in proof thereof has been by me
duly made and recorded at pages 10,11, of the Records of Wills of
said County.
In attestation whereof I have
hereunto subscribed my name and affixed the seal of said Court, at New
Albany, this 14th day of December 1887. Signed. Henry R.W. Meyer,
Clerk. F.C.C
State of Indiana, Floyd County}SCT.
I Henry R. W. Meyer Clerk of the
Floyd Circuit Court within and for the County and Sate do hereby
certify the above is a full, true and complete record of the Will
George Wininger deceased and of the certificate of probate
thereto attached as the same appears on file in my office this 14th day
of December 1887. Henry R.W. Meyer, Clerk F.C.C.
(Transcribed and contributed by Bonnie Clark
clarkbar@bbtel.com)
I, Sally Ann Plumer of New Albany,
Indiana, do make and declare this to be my last Will & Testament.
First. I desire my just debts and
funeral expenses paid.
Second. I will and devise to my
children, Sarah A. Hart, Martha B. Mason, Catherine s. Doll, Anna M
Castlen, William W. Plumer and Wells B. Plumer, all of my estate, real
personal and mixed and wheresoever found, to be divided as
follows: my daughter Sara A. Hart is to take and have a double
portion thereof or twice as much of my estate as either of my other
children.
Third. I hereby nominate and appoint
my sons William B. Plumer and Wells B. Plumer as co-executors of this
my last Will and Testament hereby revoking all Wills made by me
heretofore.
In witness whereof I have hereto set
my name and seal this 26th day of August 1885.
Signed. Sally A. Plumer. (seal)
Signed, sealed, and acknowledged by
the said Sally Ann Plumer to be her last Will & Testament in our
presence, and signed by us in her presence and at her request the day
and year above aforesaid. Witnesses:
David W. Lafollette, William W. Tuly
State of Indiana, Floyd County}SST.
Be it remembered that on the 11th day
of January, 1888, David W. LaFollette one of the subscribing witnesses
to the within and foregoing last Will and Testament of Sally A. Plumer,
late of said county, deceased, personally appeared before me, Henry
R.W. Meyer, Clerk of the Floyd Circuit Court of Indiana, and being duly
sworn upon his oath, declared, and testified as follows: that is to
say, that on the 26th day of August 1885, he saw the said Sally Ann
Plumer sign her name to said instrument in writing and at the same time
heard her declare the said instrument in writing to be her last Will
& Testament and that the said instrument was at the same time, at
the said request of Sally Ann Plumer, and with her consent, attested
and subscribed by the said David w. LaFollette and one William W.
Tuly, in the presence of said Testatrix, and in the presence of each
other as subscribing witnesses thereto, and that the said Sally Ann
Plumer was at the time of the signing and subscribing of the said
instrument in writing as aforesaid of full age, (that is to say more
than 21 years of age), and of sound mind and memory and was not under
any coercion or restraint, as the said deponent verily believes and
further this deponent says not.
Signed, David W. LaFollette.
Sworn to and subscribed by the said
David W. LaFollete before me Henry R. W. Meyer, clerk of said Floyd
Circuit Court on the 11th day of January, 1888.
In attestation whereof, I have
hereunto subscribed my name and affixed the seal of the said
Court. Henry R.W. Meyer,Clerk
State of Indiana, Floyd County} SCT.
I, Henry R. W, Meyer, clerk of the
Floyd County Circuit Court of Indiana do hereby certify that the within
annexed last Will & Testament of Sally Ann Plumer has been duly
admitted to probate and duly proved by the testimony of David W.
LaFollette one of the subscribing witnesses and has been by me made and
recorded in the Record of Wills book of said County.
In attestation whereof, I have
hereunto subscribed my name and affixed the seal of the said court at
New Albany this 11thday of January, 1888.
Henry R. W, Meyer, Clerk F.C.C.
State of Indiana, Floyd County} SCT.
I, Henry R. W. Meyer Clerk of the
Floyd County Circuit Court within and for said county and state do
hereby certify the above and foregoing to be a complete and full record
of the Will of Sally Ann Plumer, deceased and of the certificate
of probate thereto attached as the same appears on file in my office
this 11th day of January, 1888.
Henry R. W. Meyer, Clerk Floyd County
Court.
(Transcribed and contributed by Bonnie Clark )
WILLIAM
PLUMMER, WILL
Date: Apr. 30, 1855
In the name of God, Amen.
I, William Plummer of New Albany, Floyd County, IN, being of
sound and disposing mind, memory. And understanding, do make, publish
& declare this my Last Will & Testament, hereby revoking and
making null and void all former last Will & Testaments or writing
in any nature of last Wills and Testaments by me made.
First, My will is that my funeral charges and just debts shall be paid
by my Executor hereinto after named.
Second, The residue of my estate and property which shall not be
required for the payment of my funeral charges, my just debts, and the
expenses attending the execution of this my last Will &
Testament and the administration of my estate I give devise and
dispose of as follows:
I do give, devise and bequeath to my beloved wife Sally Ann Plummer,
all my personal estate of which I shall be seized and possessed
(separate and apart from any such estate and personal property now held
or may be held at the time of my decease in common with my partner in
business) or to which I shall be entitled to at the time of my decease.
I also further give and devise and bequeath to my said wife Sally Ann,
$10,000 to be paid to her by my said Executors out of my estate I
now hold in common with my brother-in-law John Bushnell in our
partnership business, or out of the first available and
productive portion of my said Estate not heretofore appropriated.
And the remainder of my Estate which I may be possessed or entitled to
at the time of my decease, I give devise and bequeath to my 6 children
as follows:
I give, devise and bequeath to my youngest son Wells B. Plummer
1/6th of said remainder of my estate, also $400, in addition to
said 1/6th part (in consideration of his delicate health and lameness)
the remainder I do give, devise and bequeath to my other 5 children in
equal portions, share and share alike, whose names are Sarah A. Hart,
William W. Plummer, Martha B. Plummer, Catharine S. Plummer and Anna M.
Plummer, to have and to hold the same to them and their Executors,
Administrators and assigns to their use and behoof forever.
And I do nominate and appoint my brother -in –law John Bushnell and
Pleasant S. Shields and my friend Franklin Warren all of
New Albany, to be my Executors of this my last Will & testament.
In testimony whereof I have hereto subscribed my name and affixed my
seal in the presence of the subscribing witnesses this 30th of
Apr. 1855.
William Plummer (seal)
Signed, sealed and declared by the said William Plummer to be his last
Will & Testament, in the presence of us, who at his request and in
his presence have subscribed our names as attesting witnesses hereto in
the presence of each other.
William Cooper, & Miles D. Warren (witnesses)
State of Indiana, Floyd County}SS.
Miles D. warren, one of the subscribing witnesses to the foregoing last
Will & t
testament of William Plummer, late of said county, deceased, makes
oath and says that he witnessed the execution of said Will in the
presence and at the request of said Testator, that said Testator was of
full age, of sound mind and memory and competent to devise his
property, and not under any coercion or
restraint.
Miles B. Warren
Subscribed and sworn to before me this 30th of Oct. 1855
In witness whereof I have hereto set my hand as clerk of the Court of
Common Please of said county, and affixed the seal of said court the
day and year above written.
Salem P. Town,Clerk
State of Indiana, Floyd County}SS.
I, Salem P. Town, Clerk of the Court of Common Please of said county,
certify that the foregoing last Will & Testament of William
Plummer, late of Floyd County, deceased, has been duly admitted to
probate, that its due execution was this day proven by Miles D. Warren,
whose proofs, together with such Will have been duly recorded on the
45th and 46th pages of the Record of Wills in our office.
In testimony whereof, I have hereto set my hand and affix the seal of
said court the 30th of Oct. 1855.
Salem P. Town, Clerk
(Transcribed and contributed by Bonnie Clark )
ANN
M.E SMITH’S WILL
Date; May 30, 1894
I, Ann M.E. Smith of New Albany, Floyd County, Indiana do hereby make
this my last Will & Testament.
First. I give and bequeath to my daughter Mary E. McAdams of Kirkwood,
St. Louis county Missouri, my double tenement brick dwelling house,
known as 92 and 934 East Main Street in New Albany. I also give and
bequeath to my said daughter Mary E. McAdams such shares of stock as I
may own in the Gas Light and Coke Company of said City, to the amount
of Two Thousand Dollars par value and any shares of stock I may own in
said Gas Light and Coke company in excess of the sum of Two Thousand
Dollars par value I give and bequeath to my son Thomas L. Smith.
Second. To my son Thomas L. Smith I give and bequeath the home stead or
residence and grounds that belonging situated on Lower Market Street,
and in the rear adjoining the premises of Paul Reising in the City of
New Albany, where I have always resided wherein said City. I also
give and bequeath to my son Thomas L. Smith the north half of lot # 8
on State Street in which is situated the three story brick building
known as # 31 State Street in said City.
Third. I have already conveyed by deed to my son Thomas l. Smith the
premises known as # 142 Pearl Street in said City and in which is
located his law office as an off-set to the sum Two thousands I
advanced to my said daughter Mary E. McAdams while at Kirkwood, St.
Louis County, Missouri, a short time previous to the time of said
conveyance.
Fourth. I give and bequeath to my daughter Mary E. McAdams, and to my
son Thomas l. Smith, share and share alike, with the exception of my
household furniture and house hold effects, which I give and bequeath
to my son Thomas L. Smith.
Fifth. I hereby appoint Thomas L. Smith as Executor of this my last
Will & Testament, and it is my desire that no bond shall be
required of him for the performance of his duties as such.
Sixth. Any Will heretofore made by me before is hereby revoked.
In testimony whereof I have set my hand and seal this 30th day of May
1894.
Signed. Ann M. E. Smith (seal)
Subscribed by the said Ann M.E. Smith in our presence and by her
declared to be her last Will and Testament and attested by us as such
in her presence and in the presence of each other this 30th day of May,
1894.
Witnesses: Paul Reising, & Richard Gruener
State of Indiana, Floyd County.} SCT
Be it remembered that on the 6th day of July 1898, Henry E. Jewett
personally appeared before the Floyd Circuit Court, Indiana, and being
duly sworn by the clerk of said court upon his oath declared and
testified as follows; that Paul Reising and Richard Gruener the
subscribing witnesses to the Will of Ann M.E. Smith, deceased now
offered to the Floyd Circuit Court for probate by said court are both
dead, that he the said witness was well acquainted with both of said
subscribing witnesses in their lifetime and that he had seen both of
each said witnesses sign their respective names and was and is
well acquainted with the hand writing of each said subscribing
witnesses, that the signatures of said Paul Reising and Richard Gruener
affixed to the said Will of Ann M.E. Smith is the genuine signature of
the said Paul Reising and that the signature of the said Richard
Gruener affixed to said Will of Ann M.E.Smith is the genuine signature
of Richard Gruener and further deponent says not.
Signed Henry E.Jewett
Sworn to and subscribed by the said Henry E. Jewett before me Frederick
Sauer, Clerk of said Floyd County Circuit Court on the 6th day of July
1898
In attestation whereof I have hereunto subscribed my name and affixed
the seal of said Court. Signed, Frederick Sauer, Clerk F. C.C.
State of Indiana, Floyd County}SCT.
I, Frederick Sauer, Clark of the Floyd County Circuit Court, Indiana,
do hereby certify that the within annexed last Will & Testament of
Ann M.E.Smith has been duly admitted to probate, and the witnesses to
said will being dead their signatures were duly proven by the testimony
of Henry E. Jewett, that a complete record of said Will and the
testimony of the said Henry E. Jewett has been has been by me made and
recorded at pages 382,382,384, of the record of wills bk. “E” of said
County.
In attestation whereof I have hereunto subscribed my name and affixed
the seal of said Court at New Albany the 6th day of July 1898.
Signed: Frederick Sauer, Clerk Floyd County
State of Indiana, Floyd County} SCT.
I, Frederick Sauer, Clerk of the Floyd Circuit Court hereby certify
that I have compared the above and foregoing with the original and that
the same is a complete and true record of the last Will and Testament
of Ann M.E. Smith deceased and of the certificate of Probate thereto
attached at the same appears on files in my office this 6th day of July
1898. Frederick Sauer, Clerk F.C.C.
(Transcribed and contributed by Bonnie Clark
clarkbar@bbtel.com)
ALTA
A.GREEN WILL
Date; April 16, 1908
In the name of God Amen.
I, Alta A. Green of New Albany, Floyd County, Indiana being of sound
mind and disposing memory, do make, publish and declare this my last
Will & Testament, hereby revoking any and all wills by me
heretofore made at any time.
Item 1. I desire that all my just debts and funeral expenses be
first paid our of any estate I may leave.
Item 2. I give, devise and bequeath all of my estate, real personal,
mixed of whatsoever character and wheresoever situated, to Clarence
Stiner as Trustee for my son Charles Edward Green, to be held by said
Clarence Stiner for my said son until my said son shall have reached
the age of 25 years, when my said son reaches the age of 25 years, then
said trust shall terminate, and the title and possession to all of my
estate real and personal shall immediately vest in my said son.
Item 3. It is my will and desire that Clarence Stiner, as such Trustee,
shall preserve and reinvest the profits and rents accruing and arising
from my estate for the use and benefit of my said son when he reaches
the age of 25 years. However, should necessity arise, then it is my
will and desire, and I hereby direct said trustee to apply so much of
my said estate as is his judgment shall seem proper to properly
care for and relieve my son. Said trustee, shall not sell or otherwise
burden or dispose of the principal of the trust property unless it
appears to be absolutely necessary for the relief of my said son.
Item. 4, Should my said son died without issue, then all my property
herein devised and bequeathed, or so much thereof, as shall remain at
his death in his name and possession or in trust for him, I give,
devise and bequeath to my sister Mabel L. Mosier, to be her own in fee
simple absolute.
Item 5. I hereby appoint and nominate Arthur L. Mosier, Executor of
this my last Will & Testament.
Witness my hand and seal this 16th day of April
1908.
Signed, Alta A. Green, (seal)
Signed, sealed, declared by the said Alta A. Green to be her last Will
& Testament, in our presence and signed by us as witnesses at her
request and in presence and in the presence of each other, the 16th day
of April, 1908. Witnesses; John M. Paris, Lemon F.
Jackson.
The State of Indiana, Floyd County,}SCT.
Be it remembered that on the 24th day of April, 1908, John M. Paris,
one of the subscribing witnesses to the within and foregoing last Will
& Testament of Alta A. Green, late of said county, deceased,
personally appeared before me William F. Ruoff, clerk of the Floyd
County Circuit Court, Indiana, and being duly sworn his oath, declared
and testified as follows: that is to say that Alta A. Green sign
her name to said instrument in writing, in and for her last Will
and Testament, and that this deponent at the same time heard the said
Alta A. Green declare the said instrument in writing to be her last
Will & Testament and said Alta A. Green and with her consent
attested and subscribed by the said John M. Paris and one Lemon f.
Jackson in the presence of the said testatrix, and in the presence of
each other as subscribing witnesses thereto, and that the said Alta A.
Green was at the time of the signing and subscribing was of full age,
that is to say more than 21 years of age, and of sound and disposing
mind and memory and not under any coercion or restraint at the said
deponent verily believes and further deponent says
not. Signed, John M. Paris.
Sworn to and subscribed by the said John M. Paris, before me Wm. F.
Ruoff, Clerk of Floyd Circuit Court on the 24th day of April 1908.
In attestation whereof I have hereunto subscribed my name and
affixed the seal of aid court.
Signed, Wm. R. Ruoff, Clerk F.C.C.
State of Indiana, Floyd County}SCT.
I, Wm. F. Ruoff, Clerk of the Floyd County Circuit Court, Indiana, do
hereby certify that the within annex last Will & Testament of Alta
A. Green has been duly admitted to probate and duly proved by the
testimony of John
M. Paris, one of the subscribing witnesses thereto, that a
complete record of said Will and testament and the John M. Paris in
proof thereof has been by me duly made and recorded at pages 15 and 16,
of the record of Wills “G” of said County.
Signed Wm. F. Ruoff,
F.C.C.
State of Indiana, Floyd County}SCT.
I, William F. Ruoff, Clerk of the Floyd Circuit Court, with for said
County and State do hereby certify that I have compared the above and
foregoing with the original and that the same is a full, true and
complete copy if the last Will & Testament of Alta A. Green,
deceased, together with the certificate of probate thereto attached, an
the same appears on file in my office this 24th day of April,
1908, Signed. William F. Ruoff, Clerk, F.C.C.
(Transcribed and contributed by Bonnie Clark
clarkbar@bbtel.com)
Washington Smith
Will
Date;
Feb.20,1903
I, Washington Smith being of
sound mind and memory make and publish this my last Will &
Testament, hereby revoking all other Wills by me made at any time.
1st. I desire all my just debts
and funeral expenses be paid.
2nd .I will and bequeath unto
my son George D. Smith, One hundred Dollars and seventy-five dollars,
($175).
3rd. I will and devise unto my
children, Martha E. McCaffrey, Mary J. Rice, Robert B. Smith, Ann Hill,
Catherine Lewis, and Caroline M. Barnett all the remainder of my
estate, both real and personal, & mixed in fee simple, share and
share alike (my son ,John W. Smith received his full share of my estate)
4th. I nominate my daughter and son
Martha E. McCaffrey, & George D. Smith as Executors of this my last
Will & Testament and it is my request that they may act as
such without being required to execute bond.
Signed. Washington Smith
Signed by Washington Smith in our
presence, Signed by us as witnesses at his request in his presence and
presence of each other this 20th day of April, 1896.
Received February 2nd 1903 of the
devisers of Washington Smith, deceased, the sum of $100
and seventy five dollars ($175, being in full of the amount
bequeathed to me by the last Will of Washington Smith, deceased,
probated herein. Signed Geo. D. Smith
Attest: Charles B. Scott, Clerk
by Wm.T. Ruoff, Deputy. Floyd County Indiana
(Transcribed and contributed by Bonnie Clark )
CORA M. COUSINS WILL
Date; July 30, 1906
I, Cora M. Cousins, of the city of
New Albany, Floyd County, Indiana being of sound mind and memory do
make and publish this my last Will & Testament.
Item 1. I give, will and devise to my
beloved mother Elizabeth Mann, for and during her life only, the real
estate in the city of New Albany, now owned and occupied by me.
Item 2. Subject to the above created
life estate, I will, bequeath and devise to my beloved husband Louis C.
Cousins, and my beloved children Meta Pearl Cousins, Valney Delos
Cousins, and Wanda Maurine Cousins all of my real, personal and mixed
property wheresoever situated to have and to hold as tenants in common
and in fee simple absolute.
I nominate my said husband Louis C.
Cousins, Executor of this will.
Witness my hand and seal this 30th
day of July 1906
Signed, Cora M. Cousins, (seal)
Signed, sealed and executed by the
said testatrix as her last Will and Testament in our presence, and
signed by us at her request and in her presence, and in the presence of
each other as witnesses the day and year last above written.
Witnesses. Charles D. Kelso &
Lula A. Main
State of Indiana, Floyd County}SCT.
Be it remembered that on the 8th day
of April 1908, Charles D. Kelso one of the subscribing witnesses to the
within and foregoing Last Will & Testament of Cora M. Cousins, late
of said county, deceased, personally appeared before the Floyd County
Circuit Court, in Indiana, and being duly sworn by the clerk of said
court, upon his oath declared and testified as follows:,
that is to say, that on 30th day of July 1906, he saw the said Cora M.
Cousins sign her name to said instrument in writing, as and for her
last Will & Testament, and this deponent at the same time heard the
said Cora M. Cousins declare the within instrument of writing to be her
last Will and Testament, and that said instrument in writing was at the
same time, and at her request and with her consent, attested and
subscribed by said Charles D. Kelso and one Lula A. Main in the
presence of said testatrix and in the presence of each other as
subscribing witnesses thereto, and that the said Cora M.
Cousins was at the time of the signing and subscribing of the
said instrument in writing, as aforesaid, of full age, that is to say
more than 21 years of age, and of sound and disposing mind and memory,
and not under any coercion or restraint, as the sadi deponent verily
believes and further says not. Signed. Charles D. Kelso
Sworn to and subscribed by the said
Charles D. Kelso before me William F. Ruoff, Clerk of the Floyd County
circuit Court on the 5th day of April 1809.
In attestation whereof I have
hereunto subscribed my name and affixed the seal of said
court. William F. Ruoff. Clerk F.C.C.
State of Indiana, Floyd County}SCT.
I, William F. Ruoff, clerk of the
Floyd County Circuit Court,in Indiana certify that the within annexed
last Will & Testament of Cora M. Cousins was admitted to probate,
and duly proved by the testimony of Charles D. Kelso, one of the
subscribing witnesses thereto, that a complete record of said Will,
together with the testimony of said Charles D. Kelso, in proof thereof
has been recorded by me duly made and recorded at pages 8 &9 of the
Record of Wills bk. “G” of said County.
In attestation whereof, I have
hereunto subscribed my name and affixed the seal of said Court in New
Albany, this 8th day of April
1908. Signed, William F.
Ruoff, F.C.C.
State of Indiana, Floyd County,}SCT.
I, William F. Ruoff, clerk of the
Floyd County Circuit in Indiana, do hereby certify that I have
compared the above and foregoing with the original, and
that the same is a true and complete copy of the last Will &
Testament of Cora M. Cousins, deceased, together with the certificate
of probate is on file in my office this 8th day of April
,1908. William F.Ruoff, Clerk
F.C.C.
(Transcribed and contributed by Bonnie Clark )
MICHAEL BURNS WILL
Date; October12,
1897
In the Name of God Amen.
I, Michael Burns of Floyd county,
Indiana being of sound mind and disposing memory knowing the
uncertainty of life, and the certainty of death and desiring to arrange
my earthly affairs in such a manner as I would have them disposes after
my death, do hereby make and declare this to be my last Will
& Testament, hereby revoking and all former Wills by me made.
First. I desire my executor,
hereinafter named to discharge and pay all my just debts and funeral
expenses of the execution of this my last Will.
Second. I desire my executor to set
aside the sum of $50 to be expended and paid to the pastor of the Holy
Trinity Catholic Church in New Albany, or his successor in office
for the saying of masses for the repose of my soul.
Third. I desire my executor a lot in
the cemetery belonging to the parish of the Holy Trinity Catholic
Church above mentioned and to have my body interred there.
Fourth. I request that a suitable
monument be erected at my grave, not to exceed, not to exceed in value
of $300, which my executor is to have done as soon as convenient after
all other accounts shall have been settled.
Fifth. To my brother James Burns of
Louisville, Ky. I bequeath the sum of $50 to be paid by my executor
within twelve months after my death.
Sixth. I desire that my executor
shall undertake and discharge whatever indebtness may appear against me
upon settlement of my accounts as guardian for my niece Anna Conroy.
Seventh. Considering that I have had
for several years the use and benefit of money belonging to my nephew
Fergus Conroy, for which I have never had settlement with him, and
which still remains due him, and remembering that he has for many years
given his time and service to me, for which he has never been
compensated. I give and bequeath to my said nephew Fergus Conroy in
satisfaction and in repayment for his services and my indebtness to
him, all the remainder of my estate, after payment of before named
bequeaths, to be his absolutely.
Eight. That the provisions of this my
Will may be faithfully carried out, I do hereby appoint my said nephew
Fergus Conroy as executor and desire that no bond be required of him.
In testimony whereof I have hereunto
set my signature and seal this 12th day of October,
1897. Signed:
Michael Burns (seal)
Signed by the Testator in our
presence and signed by us as witnesses in his presence and at his
request and in the presence of each other.
Witnesses: Cornelius Tegart &
Edward Doherty.
(Transcribed and contributed by Bonnie Clark )
GEORGE H WOLFE’S WILL
Date: January 20,
1888
In the name of God Amen.
I, George H. Wolfe of the county of
Floyd, in Indiana being as I believe of sound mind and disposing
memory, do hereby make and declare this my last Will & Testament,
hereby revoking all former wills by me made. and declaring any such, if
any void.
First. I order and direct that out of
money on hand, or out of any other property, my just debts and funeral
expenses be paid as soon as practical after my death.
Second. I give and bequeath to my
beloved daughter Lusina J.wife of Michael Shine, the farm on which we
now reside, situated Franklin Township, Floyd County, Indiana,
containing thirty acres, more or less, and all the stock, household
goods, furniture, provisions, and all other goods and chattels, which
may be thereon and belonging to me at my decease.
Third. I give and bequeath to my
beloved daughter Ruthie Ann, wife of George B.Coffman, two lots or
parcels containing three acres more or less. One of the said pieces of
land is bounded on the East side of the Elizabeth Road, and on the West
by the New Albany plank road leading to Corydon, Indiana and is
adjacent to the lands of John W. Nance and William White. And the other
piece lays East of the Elizabeth Road, and adjacent to the lands
of William Quinn, James Keith and John W. Nance. I also, give and
bequeath to this my beloved daughter Ruthie Ann the years on the note
of hand for the sum of One Hundred Dollars which I hold against her.
In testimony hereof I have hereunto
set my hand and seal this 20th day of January, 1888
Signed, George H. Wolfe (seal)
Signed, sealed and acknowledged by
said George H.Wolfe as his last Will & Testament, in our presence,
and signed by us in his presence.
Witnesses: B.Q.A. Gresham, Post
office, Lanesville, Indiana, Jacob S. Horner, same address.
Be it remembered that on the 26th day
of January 1888, Benjamin Q.A. Gresham, one of the subscribing
witnesses to the within and forgoing last Will & Testament of
George H. Wolfe, late of said county, deceased, personally appeared
before me Henry R.W. Meyer, clerk of the Floyd County Circuit Court in
Indiana, being duly sworn upon his oath declared and testified as
follows, that is to say, that on the 20th day of January 1888, he saw
the said George H. Wolfe sign said instrument in writing as and for his
last Will & Testament, and at the same time heard the said George
H. Wolfe declare the said instrument in writing to be his last Will and
Testament, and the same instrument in writing was at the same time with
his consent attested and subscribed by the said Benjamin Q.A.
Gresham, and one Jacob S. Horner, in the presence of said testator, and
in the presence of each other as subscribing witnesses thereto, and
that the said George H. Wolfe was at the time of the signing and
subscribing of the said instrument in writing of full age, that is to
say more than 21 years of age, and was not under any coercion or
restraint, this deponent verily believes and further deponent says not.
Singed, Benjamin Q.A. Gresham
Sworn to and subscribed by the said
Benjamin Q.A. Gresham before me Henry R. W. Meyer, Clerk of the
said Floyd Circuit Court, in Indiana, on the 26th day of January 1888
In attestation whereof I have
hereunto subscribed my name and affixed the seal of said court. Henry
R. W. Meyer, Clerk F.C.C.
The State of Indiana, Floyd
County,}SCT.
I, Henry R. W. Meyer Clerk of the
Floyd County Circuit Court of Indiana, do hereby certify that the
within annexed last Will and Testament of George h. Wolfe has been duly
admitted to probate by me, and duly proved by the testimony of Benjamin
Q.A. Gresham one of the subscribing witnesses, thereto, that a complete
record of said Will, and the testimony of said Benjamin Q.A. Gresham in
proof thereof has been by me duly made and is recorded on pages 34 and
35 of the record of Wills Bk. “D” of said county.
In attestation whereof I have
hereunto subscribed my name and affixed the seal of said court this
26th day of January 1888.
State of Indiana, Floyd County}SCT.
I, Henry R. W. Meyer clerk of the
Floyd Circuit Court in and for the within County and State, do hereby
certify the above and foregoing to be a full, true and complete record
of the Will of George H. Wolfe, together with the certificate of
probate thereto attached as the same appears on file in my office, this
26th day of January 1888.
Signed. Henry R. W. Meyer, Clerk F.C.C
(Transcribed and contributed by Bonnie Clark )
GEORGE W. SNIDER’S WILL
Date; August. 2nd
1884
Floyd County,
Indiana
I, George W. Snider acknowledge this
my last Will & Testament. It is my will that my three sons, Joseph
T. Snider, William A. Snider and George C. Snider shall have 84 acres
of land owned by me, share and share alike, also my interest in the
undivided 21 acres in lot # 3,also 1 acre more or less in lot # 8, said
land lying in Franklin Township, Floyd County, Indiana, Plat one
hundred eight nine (189), the 84 acres of the following numbers ,
numbers 4,5,6,& 7, laying in Franklin Township, Floyd County, it is
my will that my son George C. Snider shall have all furniture in the
house except one bed and bedding. It is my wish that there be a square
monument of marble over my grave three feet high with my name, my
wife’s name on said stone. I wish all my debts to be paid.
Signed. George W. Snider,
Witnesses: David T. Guinn, Henry B. Stoy.
The State of Indiana, Floyd County.}
SS.
Be it remembered that on the 11th day
of February 1888, David T. Guinn one of the subscribing witnesses to
the within and foregoing last Will & Testament of George W. Snider,
late of said county, deceased, personally appeared before me Henry R.
W. Meyer, clerk of the Floyd County Circuit Court of Indiana, and being
duly sworn upon oath, declared and testified as follows: that is to say
that on the 2nd day of August 1884 he saw the said George W. Snider
sign his name to said instrument in writing as and for his last
Will and Testament and that this deponent at the proven time heard the
said George W. Snider, declare the said instrument in writing to be his
last Will & Testament, and that the said instrument in
writing was at the same time at the request of the said George W.
Snider,