Will Book C, Pages 23-25
Last Will and Testament of James Mahany
I James Mahany being of sound mind and disposing memory do
hereby make and declare this my last Will and Testament hereby revoking all
wills made by me.
First; I will and devise that out of any personal property I
may have at my death or out of any money on hand or on deposit, that first my
funeral expenses, and expenses of last spell of sickness be paid, and that out
of any property or money remaining all of my debts be paid.
Second; I will and devise that all my personal property and
money remaining after the discharge of all my legal debts, and all Real Estate
owned by me both in the City of Washington, Indiana, and otherwise descend to
my beloved sister, Ellen Fitzpatrick to have, hold, and have the profits
therefrom during her natural life, and at her death that all of said property
descend to my then legal heirs.
Whereof, I have this the 7th day of April 1897, set my hand.
Signed in the presence of Phil McGovren and William Wilds
this 7th day of April 1897.
The State of Indiana, Martin County, SS:
Be it remembered, that on the 12th day of April
1897 Phil McGovren one of the subscribing witnesses to the within and foregoing
last Will and Testament of James Mahany late of said County, deceased,
personally appeared before the Judge of the Circuit Court of Martin 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 7th day of
April 1897, he saw the said James Mahany sign his name to said instrument in
writing as and for his last Will and Testament; and that this deponent, at the
same time, heard the said James Mahany, 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 James Mahany attested and
subscribed by the said William Wilds in the presence of said testator, and in
the presence of each other, as subscribing witnesses thereto and that the said
James Mahany 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 sound and disposing mind and memory, and not under any coercion or
restraint as the said deponent verily believes, and further deponent says not.
Sworn to and subscribed by the said Phil McGovren, before me
Geo. W. Gates Clerk of said Court, at West Shoals Ind. the 12th day of April
W. Gates Clerk
State of Indiana, Martin County SS;
I Geo. W. Gates Clerk of the Circuit Court of Martin County,
Indiana, do hereby certify that the within annexed Will and Testament of James
Mahany has been duly admitted to probate, and duly proved by the testimony of
Phil McGovren, one of the subscribing witnesses thereto, that a complete record
of said Will, and of the testimony of the said Phil McGovren in proof thereof
has been by me duly made and recorded in Book “C” at pages 23, 24 & 25 of
the Record of Wills of said County.
In attestation whereof, I have hereunto subscribed my name,
and affixed the seal of said Court at West Shoals this 14th day of April 1897.
W. Gates Clerk
Circuit Court, Martin County