Will Book C, Page 1-3
To all whom it may
concern, I Mary J. Marley of the County of Martin and State of Indiana being of
sound mind and disposing memory, do hereby make and declare, this my last Will
and Testament, hereby revoking and making void all former Wills by me at any
time heretofore made.
First: I order and direct that all legal debts that may be against me
or my estate shall be paid in full including funeral expenses, and a suitable
monument to mark my grave.
Second: I order and direct that the sum total of my estate after the
payment of the above, be divided equally between my five brothers and sisters,
three brothers and two sisters, if they are living at the date of my death, but
if any be deceased the amount that would have been due to deceased, I order and
direct shall be divided equally between the said deceased’s living children, if
any. If not the amount that would have been due the deceased brother or sister
shall be divided equally between the remaining brothers and sisters, or their
children, as heretofore provided. Provided however that any amount that may be
due to my estate from any of my legal representatives herein referred to shall
be, and I hereby order and direct that the same shall be an advancement to said
representatives, and in final settlement shall be charged up to the said representatives
and regarded as a part of the amount due the said representative or
Third: I hereby nominate and appoint Cornelius S. Wood and James T. Bell as executors of this my last Will. In witness I have hereunto set my hand and subscribed my name this the 9th day of January 1894.
Mary J. Marley
The above and foregoing instrument was at the date thereof signed, published and declared by the said Mary J. Marley as and for her last Will and Testament, and as a revocation of all former Wills heretofore made by her, in presence of us, who at her request, and in her presence, and in the presence of each other have subscribed our names as witnesses.
James B. Love
J. S. Lockwood
Be it remembered that on the 1st day of October 1895 James B. Love, one of the subscribing witnesses to the within and foregoing last Will and Testament of Mary J. Marley late of said County, deceased, personally appeared before Geo. W. Gates Clerk of the Circuit Court of Martin County, in the State of Indiana, and being duly sworn by the Clerk of said County, upon his oath declared and testified as follows, that is to say: That on the 9th day of January 1894 he saw the said Mary J. Marley sign her name to said instrument in writing as and for her last Will and Testament; and that this deponent, at the same time, heard the said Mary J. Marley declare the said instrument in writing to be her last Will and Testament and that the said instrument in writing was, at the same time, at the request of the said Mary J. Marley, and with her consent, attested and subscribed by the said James B. Love and J. S. Lockwood, in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said Mary J. Marley 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. James B. Love
(Seal) Geo. W. Gates Clerk
State of Indiana, Martin County S.S.
I Geo. W. Gates, Clerk of the Circuit Court of Martin County, Indiana, do hereby certify that the written within Will and Testament of Mary J. Marley has been duly admitted to probate, and duly proved by the testimony of James B. Love, one of the subscribing witnesses thereto, that a complete record of said Will and of the testimony of the said James B. Love in proof thereof has been by me duly made and recorded in Book “C” of pages 1, 2, & 3 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 1st day of October 1895.
(Seal) Geo. G. Gates Clerk
Circuit Court Martin County