Last Will and Testament of Samuel W. Wineinger.
Realizing the uncertainty of life and the certainty of death, I, Samuel W. Wineinger, at this time a resident of Dubois County, Indiana, and being of sound and disposing mind and memory, do hereby, make, publish and declare this to be my last will and testament. Item 1. It is my will that all of my just debts and funeral expenses shall be fully paid and that a neat stone shall be erected at my grave to perpetuate my memory and mark my final resting place.
Item 2. After the provisions of item one of this will have been carried out, it is my will, that my beloved children Clara P. Wineinger and Esta B. Wineinger, children by my last wife, Mioma J. (Horton) Wineinger shall receiver out my personal estate the sum of three hundred dollars each, This bequest is made to the above named children first, for the the following reason: at the time I married Mioma J. Horton, she turned over to me, the sum of six-hundred dollars, which was her individual money, and it is my will that this same amount of money shall descend to my beloved children, Clara P., and Esta B. Wineinger who are the fruits of my marriage with the said Mioma J. (Horton) Wineinger, share and share alike. In the event that either of the above named children should die without issue before I do, then it is my will that the surviving sister take her part and if she die, that the heirs of her body take her estate. Should both of my beloved daughters above named, die before I do, and without issue, it is my will that said sum of six-hundred dollars, in that event shall be divided equally among my beloved children, Homer Wineinger, Delia M. Frank and Dora E. Roudenbush, share and share alike.
I further will that there shall be paid out of my personal estate to my beloved grand children, Are Anderson, Ralph Anderson and Bernard Anderson the sum of Fifty Dollars each. These grand-children are children of my beloved daughter Sarah 0. Anderson, and said sum of fifty dollars each, is all that I want said grand-children to receive out of my personal and real estate, for the reason, that, during her life time, I advanced to my beloved daughter Sarah 0. Anderson, certain sums of money, which sums with interest computed thereon from the dates of payment to the present time amount to as much or more than any other children will receive from my real and personal estate remaining at the time of my death.
Item 3. It is my further will, that all of my personal and real estate remaining after the provisions of items one and two of this will have been fully complied with, shall descend to and be equally divided among my beloved children, Homer Wineinger, Delia M. Prank, Dora B. Roudenbush, Clara P. Wineinger and Esta B. Wineinger, share and share alike, the personal property to pass to my beloved children above named in this item, absolutely, and the real estate to descend to then in fee simple.
As a parting word of advise to my beloved children, above named in this imte, I suggest to them, that in my opion, it will be wise for them to retain the ownership of the real estate herein devised, until they can sell the same at its full and true cash value. The last sentence above written is not intended as a limitation upon the fee simple title I intend to convey to my said children, but it is given only as a parting word of advise to them.
Item 4. I hereby constitute and appoint my beloved son, Homer Wineinger, Executor of this, my last will and testament.
Witness my hand and seal, this 21st day of April, 1907-
Samuel W. Wineinger.
The foregoing instrument, signed, sealed and acknowledged by the said Samuel W. Wineinger as his last will and testament, in our presence, who, at his request, in his presence and in the presence of each other have subscribed our names as witnesses thereto, this 21st day of April 1907-
L. B. Johnson
Horace 11. Kean. The State of Indiana, Dubois County, SS:
Be it remembered that on the 9th day of May, 1907, Horace M. Kean one of the subscribing witnesses to the within and foregoing last Will and Testament of Samuel W. Wineinger late of said county, deceased, personally appeared before the Clerk II of the Circuit Court of Dubois County, in the State of Indiana, and being duly sworn upon his oath by the Clerk of said court, declared and testified as follows that is to say: That on the 21st day of April 1907, he saw the said Samuel W. Wineinger sign his name to the said instrument in writing as and for his last Will and Testament; and that this deponent at the said time, heard the said Samuel W. Wineinger 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 Samuel W. Wineinger and with his consent attested and subscribed by the said L. B. Johnson and Horace M. Kean in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said Samuel W. Wineinger was, at the time of the signing and subscribing of said instrument in writing, as aforesaid, of full age (that is, more than 21 years of 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.
Horace M. Kean.
Sworn to and subscribed by the said Horace M. Kean before me, John P. But her Clerk of said court, at Jasper, the 9th day of May, 1907.
In attestation whereof, I have hereto subscribed my name and affixed the seal of said court.
. Johh P. Huther, Clerk D.C.C.