Will Book C, Pages 544-545
Last Will and Testament of James B. Freeman
I, James B.
Freeman, of Martin County, Indiana, being of sound mind and disposing memory,
do hereby make, declare and publish this, my last will and testament, hereby
revoking any and all wills by me heretofore made.
ITEM, 1 –
I, direct the payment of all my just debts.
ITEM, 2 –
I, recognize and reaffirm that certain ante nuptial agreement made and entered
into with my present wife MATTIE FREEMAN in contemplation of marriage, and which
said marriage contract was carried out as agreed. By the terms of said
contract, my said wife, Mattie Freeman was to receive the sum of Three Thousand
Five Hundred ($3,500.00) Dollars, in full consideration for said contract,
payable out of my estate, after my death, and in full and complete satisfaction
of her claim in law or in equity, against my estate, and in full and complete
discharge of her claims, and in lieu of any sums or sum she might otherwise
inherit. I, therefore, direct my Executor to discharge her said claim of Thirty
Five Hundred ($3,500.00) Dollars by payment out of the first money that shall
come into his hands, which payment shall be in full satisfaction and complete
extinguishment of the contract referred to. I, further reaffirm and aver that
no change or modification of said agreement has been, by me made or assented to
subsequent to its execution.
ITEM 3 – I,
give, devise and bequeath all my real estate, where-ever situated in fee simple
to my daughters, Isola Freeman Wallace, Rachel Freeman Huff and Stella Freeman
Moser, as tenants in common, share and share alike, absolutely and forever.
ITEM 4 – I,
give, devise and bequeath, all other property by me owned at the time of my
death to, Isola Freeman Wallace, Rachel Freeman Huff and Stella Freeman Moser,
in equal shares or to their survivors, share and share alike, absolutely and
WHEREOF, I have this 19th day of March, 1927, signed this will in the presence
of the attesting witnesses.
Signed by the Testator in the presence of the undersigned,
and each of them, and in the presence of the other and at the request of the
PROOF OF PROBATE OF WILL.
STATE OF INDIANA, MARTIN COUNTY, SS.
Elmer Harding, Clerk of the Martin Circuit Court, personally came Edgar
Witcher, one of the subscribing witnesses to the foregoing last will and
testament of James B. Freeman, late of Martin County, Indiana, deceased, and
being duly sworn on his 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 him and Arthur M. Mollett, to sign said will as witness thereto,
which they accordingly did in the presence of said testator, and in the
presence of each other as subscribing witnesses thereto.
and sworn to before me, this 28th day of November, 1927.