Last Will & Testament of Charles Davis
 

Boone Circuit Court
Sept 10, 1891

In the Matter of the Estate of}
Charles Davis deceased } Final Report
Ephraim Davis Executor }

Comes new Ephraim Davis Executor of the last will and testament of Charles Davis deceased, and having heretofore on the 2nd day of August 1891, filed his report, vouchers and exhibits in final settlement of the Estate of the said deceased and notice thereof having been duly given proof of the same is now here filed which notice and the proof of publications thereof reads as follows, (time ____) in which report he charges himself with the sum of $39,757.05, and he claims credit in his report for _____ in appraisement and sale of personal property, desperate claims and _____ paid out in the settlement of said Estate including current paid on distribution to heirs. And paid into court for distribution to heirs as shown in his _____ for $39,757.05. Said Executor also files proof of _____ _____ that the only heirs of said deceased are as follows, to wit: Ephraim Davis (son), Milton Davis (son), Mary D. Howe (daughter), Harriet Hardesty (now Crow) (daughter), Emeline Rogers (daughter), Charles F. S. Neal, Albert L. Neal, Frank Neal, _____ J. Neal, and Richard F. Neal, who are children of Clara Neal deceased who was a daughter of said Charles Davis deceased, which report and proof of kinship reads as follows: (here insert) which report is now submitted to the court Examiner and in all things affirmed and said estate declared finally settled and Executer discharged from further liability herein, and the Clerk of this court is ordered to distribute the _____ his hands in this estate and the notes turned over to him to the heirs to which the same is to go as shown in report. And court adjourned until 8 1/2 o'clock tomorrow morning.
Read and signed September 11th 1891

Joseph W. Wiley Special Judge


[On the side of the paper]

November 12" 1891 Received of Jesse S. Reagan Clerk $5694.52 and notes for $250.00 the share of Harriet Crow in the within Estate as paid to said clerk by executor of said estate
X Samuel S. Dailey
Cashier
Attorney in fact


December 22, 1891 Received of Jesse S. Reagan Clerk $4143.05 in cash with $814.49 in notes by distributive I have in the Estate of Charles Davis deceased.
Emaline Rogers by Ephraim Davis
Atty in fact



Last will and Testament of Charles Davis

I Charles Davis, of Lebanon Boone County, Indiana, being of sound body and in full possession of all my mental faculties, do make and publish this my last will and testament.

Item 1 It is my will that all my just debts and all changes for which my Estate is legally liable, be paid out of my Estate.

Item 2 I give and devise all the real estate, stocks, money, personal goods and chattels of all kinds and descriptions belonging to me, to my children and their heirs as follows, Ephraim Davis and Milton my sons, Harriet Hardesty, Emeline Rogers, Mary Howe, my daughters, and the children of my deceased daughter Clara Neal. Share and share alike except to herein after provided. And except further, it's hereby stipulated that my grandchildren, the children of my deceased daughter, the said Clara Neal, take one share, that is to say, their mothers share less one hundred dollars. It is further hereby stipulated that the money therefore adventured to my children upon their marriage or upon their having arrived at majority. To wit six hundred dollars advanced to each of my said sons and four hundred advanced to each of my four daughters above named, be taken into consideration in estimating the amounts of the respective shares. These advancements are to be estimated without and free from all charges of interest thereon.

Item 3 Where as I hold against George W. Howe the husband of my daughter Mary Howe, a promissory note for the amount of Eight hundred dollars executed on the 8th day of November 1875 and due ninety days after said, made payable to the First National Bank of Lebanon, Indiana, and drawing ten per cent interest thereon after maturity saw note being for value and waiving relief from valuation and appraisement laws and sign by the said G. W. Howe as principal and by the testator herein as surety and paid off and taken up by me (the testor) as such surety. It is hereby directed that the principal and interest of said note deducting the amount of the credit thereon or an amount equal tot he credit endorsed upon the back of the said note (which credit is fifty three 83/100 dollars, dated November 1st 1876, be deducted from the share devised to said Mary Howe. I hereby devised that after making said deductions as above set out that the residue of the Estate of said Mary Howe hereby devised, be held in trust for her in the manners and upon the conditions following; the same to be interested to/and for the benefit and interest of herself and children, she to receive the profits and interest on same annually; and I hereby nominate and appoint my son Ephraim Davis as Trustee of the Estate of said Mary Howe to be surrendered up to her, and the trust to cease upon the death of her husband George W. Howe, if she survives, but upon the death of said, Mary Howe, leaving her husband George W. Howe surviving her, her said estate shall go to her children, each taking his or her distributive share there of where arriving respectively at the years of majority, but should the said George W. Howe, and all her children, there her Estate shall go equally to her brothers and sisters and their heirs.

Item 4 I hereby will that my daughter Emeline Rogers have an equal share in my estate with her brothers and sisters less one thousand dollars. Also that she is charged with the following described notes. To wit: October 8th 1877. One day after date, I promise to pay to the order of Charles Davis one hundred dollars with five percent attys fees, value received without relief from valuation or appraisement laws with interest at ten percent______-______ ______. The drawers and endorsers severally waive presentment for payment -protest and notice of protest and nonpayment of this note.

[signed] W.R. Rogers,

Description of 20 note-

"August 8th 1878, six months after date, I promise to pay to the Order of Charles Davis Two hundred and fifty one and 59/100 dollars with five percent atty fees, value receive without any relief whatever from valuation or appraisement laws, with interest at the rate of two percent per _____, from date, The drawers and endorsers severally waive presentment for payment protest and notice of protest and nonpayment of this note" "Signed W. R. Rogers. And that saw notes be given her Emeline Rogers in payment of so much of her share of Estate saw notes with the interest thereon will discharge or that an amount equal to the principal and interest of said notes be deducted from her said share.

Item 5 I do hereby nominate and appoint my son Ephraim Davis executor of this my last will and testament, hereby authorizing and empowering him to compromise adjust, and release and discharge in such manner as he may deem proper, the debts and claims due me and to pay all debts that I may owe upon my decease, I hereby revoke all former wills and codicils by me made In testimony there of I have hereunto set my hand and seal this 28th day of January A.D. 1886.

[signed] x Charles Davis

Signed and acknowledged by the said Charles Davis as his last will and Testament in our presence and signed by us as witnesses and in the presence of each other. Altest Wesley Lane

_.W. LaLeollette

State of Indiana, Boone County 55:

Be in __________ that on the 14th day of June 1890, Wesley Lane one of the subscribing witnesses to the within and foregoing last will and testament of Charles Davis late of said county deceased, personally appeared before Jesse Reagan, Clerk of the Circuit Court of Boone County in the State of 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 28th day of January 1886 he saw the said Charles Davis sign his name to said instrument in writing as and for his last will and testament and that this deponant at the same time heard the said Charles Davis declare that the said instrument in writing his last will and testament, and that the said instrument in writing was at the same time at the request of the said Charles Davis and with his consent attested as subscribed by the said Wesley Lane and another in the presence of said testator and in the presence of each other as subscribing witnesses thereto, and that the said Charles Davis was at the time of the signing and subscribing of said instrument in writing as aforesaid, of full age (that is, more than twenty one years of age) and of _____ and disposing mind and memory, and that under any ______ or restraint and the said deponant verify _____and further says sworn to and subscribed by the said Wesley Lane before me Jesse S. Reagan, Clerk of said Court at Lebanon the 14th day of June 1890.
In allertabiu[??] whereof I have hereunto subscribed by my name and affixed the seal of this said court

L. S. Jesse S. Reagan Clerk

I, Jesse S. Reagan, Clerk of the Boone Circuit Court of one saw, hereby certify that the above and foregoing is a true and correct copy of the last will and testament of Charles Davis decd. and of the testimony of Wesley Lane one of the witnesses theredo, as the same now appears on file in my office, _____ ______ my hand this 16th day of June 1890

Jesse S. Reagan Clerk