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VARIOUS WILLS
Transcribed by Julie Schadek (Thank you Julie)
Source: Will Record, No. 5, Jennings Cir. Court 5 Mar 1900 to 3 Nov 1913
Clerk's Office Jennings County, Vernon, Indiana


TOWNSEND DICKINSON

Be it remembered that on the 15th day of October 1899 the following will was admitted to probate in the clerks office of the Jennings Circuit Court.
Know all men by these presents that I Townsend Dickinson of Jennings County & State of Indiana being of sound mind and disposing memory do make and publish this my last will & testament.
Item 1: I will and devise to my beloved neice[sic] Emeline T. Ellis lots number three (3) and nineteen (19) in the town of Brewersville Jennings County State of Indiana together with all my household furniture which I may own and possess at the time of my death.
Item 2: I will and bequeath to the heirs of Henry Barr now living two hundred dollars ($200.00) said heirs to share equally in this bequest.
Item 3: I will and bequeath to my beloved nephew Wm. A. Dickinson the sum of seventy five ($75) dollars.
Item 4: It is my will that should there be any money left by me at the time of my death other than a sufficient amount to pay the legacies named in items 2 & 3 of the will the amount so left shall be divided share and share alike among the heirs now living of said Henry Barr and Andrew Dickinson.

Townsend Dickinson
Signed by the testator in our presence and signed by us in his presence this 14th day of Sept 1898.
Witnesses Daniel X his mark Burke, Wm. Fitzgerald
"Proof of Probate Will."
State of Indiana Jennings County ss:
Before me Thomas W. Russell Clerk of the Jennings Circuit Court, personally came Daniel Burke one of the subscribed witness is to the foregoing last will and testament of Townsend Dickinson late of Jennings County Indiana deceased and being duly sworn on oath says that he was present at the execution of said last will; that the same was duly executed; that at the time of the execution thereof said testator was of full age to devise his property, of sound mind and memory and not under any coercion or restraint; that said testator requested Wm. Fitzgerald and affiant to sign said will as witnesses thereto which they accordingly did in the presence of said testator and in the presence of each other.

Daniel X his mark Burk[sic]

Subscribed and sworn to before me this 15th day of October 1898.
Tho. W. Russell Clerk
State of Indiana Jennings County ss:
I Thomas W. Russell Clerk of the Jennings Circuit Court do hereby certify that the above foregoing last will and testament of Townsend Dickinson late of Jennings County Indiana deceased was this day duly admitted to probate & record & the proof thereof duly made by Daniel Burk.
Subscribing witness thereto.
Witness my name & official seal this 15th day of October 1898
Thomas H. Russell Clerk



GEORGE F. SPENCER

Be it remembered that on this 2nd day of April 1900 the following will & proof of probate was filed in the office of the clerk of the Jennings Circuit Court.

Know all men by these presents that I George F. Spencer of sound mind and disposing memory make this my last will and testament.

Item 1st. That all my indebtedness shall be paid with funeral expenses.
Item 2nd. That all my personal and real property shall belong to my beloved wife Mary J. Spencer in fee simple to hold and do with as she may choose.
San Jancento Sept 4th 1899, George F. Spencer

Witnesses
S. Burchill, J.H. Shuck, Nelson Johnson

State of Indiana Jennings County ss:
Before me John Hulser clerk circuit court personally comes S. Burchill one of the subscribing witnesses to the foregoing last will and testament of George F. Spencer late of Jennings County Indiana deceased and being duly sworn an oath says that he was present at the execution. of said last will that the same was duly executed that at the time of execution thereof said testator was of full age to devise his property of sound mind and memory and not under any coercion or restraint that said testimony requested affiant and J.H. Shuck to sign said will as witnesses thereto which they accordingly did in the presence of said testator and in the presence of said testator and in the presence of each other as subscribing witnesses thereto.

S. Birchill
Subscribed and sworn to before me this 2nd day of April 1900.
John Hulse Clerk

The State of Indiana Jennings County ss:
I John Hulse Clerk of the Jennings Circuit Court do hereby certify that the above & foregoing last will and testament of George F. Spencer last of Jennings County Indiana deceased was this day duly admitted to probate and record and the proof thereof duly made by S. Burchill. Subscribed witness thereto, which said will, together with such proof have been duly recorded in will Record No. 5 pages 16 and 17 in this office.

Witness, my name & the seal of said Court this 2nd day of April 1900.
John Hulse, Clerk




Last will of RICHARD H. STOTT

Be it remembered that on this 5th day of March 1900 the following will was admitted to probate in the Jennings Circuit Court.

I Richard H. Stott, of the city of Columbus in the county of Cherokee, in the State of Kansas, being of full age and sound mind and memory, and having an interest in, and being the owner of Certano Real Estate and Personal Property, do now make this my last will; and I now give direction and give, bequeath and devise my property as follows:

First - I direct that my just debts be paid.
Second - I give and bequeath to my wife Mary Z. Stott, absolutely, all my personal property of whatever nature or kind.
Third - I give and devise to my said wife her heirs and assigns, all my right title and interest (being the undivided one third of the whole in and to the farm situate in Vernon Township, Jennings County, State of Indiana, known as, the Richard Stott senior farm.
Fourth - I give and devise to my said wife a full life estate to and in my farm situate in Cherokee County, State of Kansas, and describe as follows the west half of the north west quarter of section No. one, and the north half of section No. 2 all in township No. thirty-two, south of range No. 22 east and give her sole and full control thereof with the right to leave the emblements and rents of profits arising therefrom, and the right to have coal maned therefrom and have and use the royalties arising form such mining as fully as I might or could do if living: also to and use my residence property situate in the city of Columbus, in said Cherokee County, described as follows: lots numbered six and seven in block No. six as the same are shown by the recorded plat of said city; all of which she shall have and enjoy during her natural life.
Fifth - Subject to the life estate which I have given and devised to my wife in the real estate herein before discribed[sic] as situate in Cherokee County, Kansas and the contingency hereinafter mentioned, I give and devise all said real estate situate in said Cherokee County to my daughter, Mary Helene Scott of Joplin, Missouri, and her heirs and assigns.
Provided, however, that if my said daughter should die during the lifetime of my wife, then, subject to said life estate in my wife, said last described real estate - farm land and city property shall go and I give and devise the same to the children of my said daughter that may be living at the time of her death.
Sixth - I hereby appoint Mary Z. Scott, my wife, as my executrix, and express the wish that she shall execute the trust without giving bond.
And as I have given and bequeathed to her all my personal property, and my estate will probably owe no debt other than what will be promptly paid, I request that my executrix be excused from returning into the probate court an entry of the goods, abatted monies rights to credits that I may have.

In witness whereof I will sign these presents in the presence of the witnesses whom I have called to attest the same this March 18th, 1899.
Richard H. Stott
We the undersigned who were called to attest the foregoing last will of Richard H. Stott and the signing thereof certify that said testament signed said will in our presence and in the presence of each of us and we in his presence and the presence of each other attested the same witness our hand at Columbus Kansas this March 18th 1899.
Oscar Crane, J.P. Hanson, E.F. Read

Indorsed[sic] on back last will of Richard H. Stott filed April 7, 1899
Edward E. Sapp, Probate Judge

Proof of will of Richard H. Stott deceased, State of Kansas, Cherokee County ss:
In the probate court of said county in the matter of the proving the last will and testament of Richard H. Stott deceased and now on this 7th day of April A.D. 1899 comes Oscar Crane who being first duly sworn on his oath saith my name Oscar Crane my residence is Columbus Kansas my age is 54 years. I was acquainted with Richard H. Stott a resident of Cherokee County Kansas about twenty years in his life time. I was present at Columbus Kansas A.D. 1899 and saw the said Richard H. Stott sign the foregoing instrument of writing purporting to be the last will and testament of Richard H. Stott and heard him publish & declare the same to be his last will and testament and at his request and in his presence and in the presence of J.P. Hanson I signed said instrument as a subscribing witness thereto and the said J.P. Hanson at the request of said Richard H. Stott and in his presence and in my presence signed said instrument as a subscribing witness thereto at the time of signing said instrument said Richard H. Stott was about 62 years of age he was of sound mind and memory and was no 1 under any restraint or undue influence whatever said Richard H. Stott is now dead. He departed this life on the 2nd day of April A.D. 1899.
Oscar Crane
Seal - Subscribed and sworn to before me this 8th day of April 1899. Edward E. Sapp probate judge

Also comes J.P. Hanson of lawful age who being first duly sworn upon his oath saith my name is J.P. Hanson my residence is Columbus Kansas, my age is 55 years. I was acquainted with Richard H. Stott a resident of Cherokee County Kansas about 23 years in his life. I was present at Columbus Kansas on the 18th day of March A.D. 1899 and saw said Richard H. Stott sign the foregoing instrument of writing purporting to be the last will and testament of the said Richard H. Stott and heard him publish and declare the same to be his last will and testament and at his request & in this presence & in the presence of Oscar Crane I signed said instrument as a subscribing witness thereto and the said Oscar Crane at the request of said Richard H. Stott and in his presence and in any presence signed said instrument as a subscribing witness thereto and at the time of signed said instrument Richard H. Stott was about 62 years of age he was of sound mind & memory and was not under any restraint or undue influence whatever said Richard H. Stott is now dead. He departed this life on the 2nd day of April 1899.
J.P. Hanson
Seal - Subscribed and sworn to before me this 8th day of April 1899. Edward E. Sapp probate judge

Election of widow:
State of Kansas Cherokee County ss:
In the probate court of Cherokee County State of Kansas in the matter of his probating of the will of Richard H. Stott deceased.
I Mary Z. Stott of Cherokee County, State of Kansas widow of Richard H. Stott deceased having had a coppy[sic] of my deceased husbands will read to me by the probate judge and being fully advised of its contents and provisions and the said judge having fully advised and explained to me my rights as the widow of said Richard H. Stott deceased under said will as well as my rights under the laws of the state of Kansas and being fully advised in the premises I do hereby elect to state under any said deceased heirs bonds will and accept the provisions thereof and do hereby waive any rights under the laws of the State of Kansas. Witness my hand this 7th day of April 1899.
Signed Mary Z. Stott

State of Kansas Cherokee County, ss:
George H.Wilson sole judge and exofficio Clerk of the Probate in and for said county hereby certify that I have compared the foregoing coppies[sic] of the records of the last will of Richard H. Stott and the of same and the election of Mary Z. Stott the widow of Richard H. Stott late of said county. Deceased with the original record thereof now remaining in the office and in my custody and I have found the same to be a true transcript therefrom and of the whole of such original records and I further certify that said exemplification would be received in evidence in all the Courts of the State of Kansas.

In testimony whereof I have hereunto set my hand and affixed the seal of said Probate Court this 19th day of February 1900.
George H. Wilson, Sole Judge and Exofficio of Probate Court
State of Kansas Cherokee County ss:
George H. Wilson sole judge of the Probate Court of said county do hereby certify that George H. Wilson whose genuine signature is affixed to the foregoing certificate is under the laws of the State of Kansas, by virtue of his office as sole judge of said Court, also the Clerk of said Court, and was such clerk at the time of making and subscribing the same that his attestation aforesaid is in due form of Law and by the proper officer and that the seal thereto affixed is the seal of the said Probate Court and I further certify, that said last will and testament has been admitted to Probate in said Court in due form and duly recorded.
Witness my hand and seal this 19th day of February 1900.
George H. Wilson
seal - Sole probate judge of Probate Court of Cherokee County Kansas.




MORRIS WILDEY

Be it known that on this 7th day of March 1900 the last will and testament of Morris Wildey was admitted to probate in the clerks office of the Jennings Circuit Court. Said will & proof of Probate reads as follows to wit:

In the name of the Benevolent Father of all, I Morris Wildey, of Jennings County State of Indiana being of sound mind & memory do make this my last will and testament hereby revoking all former wills by me made.
1. I will that all my past debts & funeral expenses be first paid.
2. It is my will that at my death all the personal and real estate of which I may die the owner of be sold and the money arising from such sale together with the money be divided between my children share and share alike in the event of the death of any of them their heirs if any to whereof the part of such child so deceased.
3. It is my will that deductions be made on account of advances, as follows, from my son, Michael, one note dated May 4th 1894 for $25.00 with out interest and on Feby 14, 1884 $25.00 and May 25, 1885 $50.00 total amount due from Michael one hundred dollars.
From my son, Theodore one note May 3rd 1898 for $25.00 without interest.
From my son, Clinton one note May 4, 1898 for $25.00 and one note Jan 2, 1900 for $44.00 without interest.
From my son John, one note Jan 2, 1900 for $10.85
From my son Richard case on account Aug 1, 1884 $20.00
4. I do hereby nominate and appoint Thos W. Purrell executor of this my last will and testament.

In testimony whereof, I have herewith set my hand and seal this 24th day of January 1900.
Morris Wildey - seal
Signed and acknowledge by the said Morris Wildey as his last will and testament in our presence and signed by us at request of said testator as witnesses in his presence and in the presence of each other this 24th day of January 1900.

James W. Mulvey witnesses
Theo W. Russell
State of Indiana Jennings Count ss:
Proof of Probate of will
State of Indiana Jennings County ss:

Before me Willard New, Judge of the Jennings Circuit Court personally came Thomas W. Russell one of the subscribing witnesses to the foregoing last will and testament of Morris Wildey late of Jennings County, Indiana, deceased, and being duly sworn on oath says that he was present at the execution of said last will, that the same was duly executed; that at the time of the execution thereof, said testator was of full age to devise his property of sound mind and memory and not under any coercion or restraint; that said testator requested affiant & J.W. Mulvey to sign said will as witnesses thereto which they accordingly did in the presence of said testator and in the presence of each other as subscribing witnesses thereto.

Thomas W. Russell
Subscribed and sworn to before me this 7th day of March 1900.
Willard New, Judge

State of Indiana Jennings County ss:
John Hulse, Clerk of the Jennings Circuit Court do hereby certify that the above and foregoing last will and testament of Morris Wildey late of Jennings County Indiana, deceased was this day duly admitted to probate and record did ? proof thereof duly made by Thomas W. Russell, subscribing witness thereto which said will together with such proof have been duly recorded in will record No. 5 Pages 11 to 13 inclusive.
Witness, my name and the seal of said court this 7th day of March 1900.
John Hulse, Clerk.



Source: Will Record, Vol 4 Jennings Cir. Court 1889-1899 - transcribed by J.S.

PETER CLINE
Be it known, that on this 12th day of April 1898 the following Last Will of Peter Cline was filed in the Clerks Office, to wit: The Last Will and Testament of Peter Cline. I Peter Cline, considering the uncertainty of this mortal life and being of sound mind and memory (blessed by Almighty God for same) do make and publish this my last will and testament, in manner and form following, (that is to say)

First, I give and bequeath unto my beloved brother Simeon R. Cline a part and parcel of my realestate[sic] lying and being in the County of Jennings and State of Indiana and described as follows, to wit:

Beginning at the north east corner of the south west one fourth of section Twenty four (24) in Town Five (5) north of Range Eight East County and State aforesaid, thence south with half section line one hundred and sixty (160) rods, thence west on the county line between Jennings and Jefferson Counties, fifty three (53) rods, thence north west twenty degrees (20) twenty nine (29) rods, thence north west thirty eight (38) rods, thence fifty five (55) degrees west, fifty four (54) rods until it intersects the line of the land formerly owned by John Taylor, thence north to the center of Bear Creek, thence following the meanderings of the stream until it intersects the half section line, thence east to place of beginning continuing twenty four (24) acres, more or less.

Also, commencing at the center of section twenty four (24) town five (5) north of Range Eight (8), thence north to a stave at the corner of the M.E. Church lot, deed by James Wykoff and wife to said church, thence north west to Bear Creek, thence down the center of said creek to the corner of the first above described piece of land owned by me, thence east on the half section line to place of beginning, containing eight acres (8) more or less. Said above described land to be divided by a line running from east to west so as to divide it into two equal parts, said brother Simeon R. Cline to have the north half of said land, it being that part of said land on which the house and barns now stand, to have and to hold as his own, his heirs, executors, administrators and assigns forever.

Also twenty acres (20) of land lying in and being a part of Jefferson County and State of Indiana, and described as follows:

The North half of the north west fourth of the south west quarter of section nineteen (19) in township five Range nine east in Jefferson Co, Indiana, to hold to him the said Simeon R. Cline, his heirs and assigns forever.

And I hereby give and bequeath to my daughter Clora B. Wykoff, forty one (41) acres more or less off the south end of the first above described real estate, south of the line dividing said land from east of west into equal parts, to hold to her, the said Clora B. Wykoff, her heirs and assigns forever.

In witness whereof I have hereunto set my hand and seal, the 9th day of November in the year of our Lord, one thousand eight hundred and ninety seven.
Peter Cline (seal)

The above instrument consisting of four sheets, was now here subscribed by Peter Cline, the testator in the presence of each of us and was at the same time declared by him to be his last will and testament and we at his request sign our names hereto as attesting witnesses.

Charles A. Burdsal, residing at Lancaster, Jefferson Co. Ind.
Byford Stout, residing at Neil Creek, Jefferson Co. Ind.

PROOF OF PROBATE OF WILL

State of Indiana, Jennings County, ss:
Before me Thos. W. Russell Clerk (of the Jennings Circuit Court, personally came Charles A. Burdsdal one of the subscribing witnesses to the foregoing last will and testament of Peter Cline, late of Jennings County, Indiana, deceased, and being duly sworn on oath says that he was present at the execution of said last will, that the same was duly extended, that at the time of the execution thereof said testator was of full age to devise his property of sound mind and memory and not under any coercion or restraint, that said testator requested him and Byford Stout to sign said will a witnesses thereto which they accordingly did in the presence of said testator, and in the presence of each other as subscribing witnesses thereto.

C.A. Burdsal
Subscribed and sworn to before me this 12 day of April 1898.
Thos. W. Russell
Clerk

State of Indiana, Jennings County, ss:
I Thos. W. Russell Clerk of the Jennings Circuit Court do hereby certify that the above and foregoing Last Will and Testament of Peter Cline late of Jennings County, Indiana, deceased was this day duly admitted to probate and record and the proof thereof duly made by C.A. Burdsal one of the subscribing witnesses thereto which said will together with such proof have been duly recorded in will record No. 4 pages 475. 476. 477 & 478 in this office.

Witness my name and the seal of said court this 12th day of April 1898.
Thos. W. Russell Clerk


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