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Will Book C, Pages 503-506 Last Will and Testament of Elizabeth B. O’Brien
Indianapolis,
Indiana
I, Elizabeth B. O’Brien, spinster, being of sound and
disposing mind, do this day devise and bequeath to my brothers Lewis Edward
O’Brien, and Charles Maurice O’Brien, in equal part, and to their heirs and
assigns forever, all of my share and interest in the farm lying North of the
Shoals and Loogootee road in Martin County, Indiana. Also my interest in such
livestock, machinery and agricultural implements as may be there.
To my
brother James Christopher O’Brien I devise and bequeath all of my interest in
the real estate which lies South of said Shoals and Loogootee road, and
adjoining his farm on the East. Also to said James Christopher O’Brien, I leave
my one half interest in the 44 acres of river bottom land in said Martin
County, Indiana.
To my
brother George Francis O’Brien I leave the sum of one thousand ($1000.00)
dollars cash, and to each one of his three children, Paul James, Mary Eileen
Elizabeth, and Robert Desmund O’Brien, a like sum of one thousand ($1000.00),
dollars to be used in helping to secure for them a good college education, and
I hereby appoint said George Francis O’Brien, as trustee of these several sums
until the money has been expended for the purpose specified.
To each of
my nieces, Mary Elizabeth, and Katherine Louise O’Brien, the daughters of James
Christopher O’Brien, I bequeath the sum of one thousand ($1000.00), dollars and
do hereby appoint said James Christopher O’Brien as trustee of these sums of
money to be used in the education of said May Elizabeth and Katherine Louise
O’Brien, in such schools as he may select.
It is my
desire that such furniture books, pictures and personal property, other than
silver or jewelry, not heretofore disposed of, which I may own, and which are,
at the time of my death in my home at Belgrade Farm, Martin County, Indiana, be
divided as equally a may be, between my brothers Lewis Edward O’Brien and
George Francis O’Brien, and that such furniture, books, pictures, and personal
property other than jewelry and silverware, which may be in the rooms and
offices occupied by me in the buildings known respectively as 1140 and 1146
East Market Street, Indianapolis, Indiana be divided as equally as possible
between my brothers Charles Maurice O’Brien, and James Christopher O’Brien,
with the single exception of the grandfather’s clock which I desire to be given
to my nephew Paul James O’Brien.
It is my
will that such jewelry and silverware as I may possess at the time of my death
be divided equally among my nieces Mary Eileen Elizabeth, Mary Elizabeth, and
Katherine Louise O’Brien, and if, after all of the expenses of my last illness
and burial, and all of my just debts are paid, there should remain any residue
of moneys, not herein disposed of that it be equally divided among my nieces.
Witness my
hand and seal, this 24th day of January, 1922.
Elizabeth
B. O’Brien
Witness: Agatha Cissell.
Witness: Urbana
Spink.
PROOF OF PROBATE OF WILL.
STATE OF INDIANA, Martin County,
SS:
Before me,
Elmer Harding, Clerk of the Martin Circuit Court, came the deposition of Urbana
Spink, who was one of the subscribing witnesses, to the foregoing last will and
testament of Elizabeth G. O’Brien, late of Martin County, Indiana, deceased,
and being duly sworn on her oaths says that she was present at the execution of
said last will: that the same was duly executed, that at the time of the
execution thereof, said testatrix was of full age to devise her property, of sound
mind and memory and not under any coercion or restraint, that said testatrix
requested Urbana Spink, and Agatha Cissell, to sign said will as witnesses
thereto, which they accordingly did in the presence of said testatrix and in
the presence of each other as subscribing witnesses thereto, and which
deposition is in words and figures as follows, to-wit; -
The
deposition of Urbana Spink, witness produced and sworn to before me a Notary
Public of Marion County, Indiana, at Indianapolis, in Marion County, in the
state of Indiana, on the 15th day of August, 1924, pursuant to the enclosed
notice. This deposition taken on the part of George F. O’Brien, a devisee under
the last will and testament of Elizabeth B. O’Brien, and who is an applicant
for letters of administration with will annexed on the estate of said Elizabeth
B. O’Brien, deceased in a cause now pending in the Martin Circuit Court, of
Martin County, in the state of Indiana, wherein George F. O’Brien, has applied
for letters of administration with will annexed on the estate of Elizabeth B.
O’Brien, and seeks to probate the last will and testament of said decedent
Elizabeth B. O’Brien, and in which matter Charles O’Brien, and James Cristopher
O’Brien are interested parties.
The said
Urbana Spink, being duly sworn to testify the truth, the whole truth and
nothing but the truth, relating to said cause, deposes as follows:
Examined by Joseph P. Smith, a practicing attorney of Martin
County, Indiana.
Question 1. State your name, age and place of residence.
Answer 1. Urbana Spink, 45, Indianapolis, Ind.,
1140 E. Market. Question 2. Were you acquainted with Elizabeth B. O’Brien
during her lifetime?
Answer 2. Yes Question 3. Is the said Elizabeth B. O’Brien, now dead or
living?
Answer 3. Dead Question 4: When and where did she die?
Answer 4. July 1st 1924, 1145 E. Market St. Indianapolis,
Ind. Question 5. Where was she staying at time of her death?
Answer 5. At Dr. W. B. Fletcher’s Sanatorium. Question 6. Where did you understand her home to be at time
of her death?
Answer 6: Belgrade Farm, Martin Co., Indiana. Question 7. Did the said Elizabeth B. O’Brien depart this
life testate or intestate?
Answer 7. Testate by leaving a will. Question 8. Did you ever see that last Will and Testament?
Answer 8. Yes. Question 9. Were there witnesses to that last Will and
Testament and if so, who were the
witnesses
thereto?
Answer 9. Yes. Urbana
Spink and Agatha Cissell. Question 10. When did she make this last will and testament.
Answer 10. January 24th 1922.
Question 11. Was Elizabeth B. O’Brien, at the time of making
the said last will and testament
over the
age of 21 years, if so state what her age was at the time if you know.
Answer 11. She was over the age of 21yrs. She was about 50.
Question 12. Was the said will duly executed by her?
Answer 12. Yes
Question 14. Who, if any one did the said Elizabeth B.
O’Brien request to sign the said last will and testament as
witnesses thereto.
Answer 14. Urbana
Spink and Agatha Cissell.
Question 15. Did you sign the said last will and testament
upon said request, in the presence of
the
testator, Elizabeth B. O’Brien and in the presence of the other witness Agatha
Cissell?
Answer 15. Yes.
Question 16. Where is the other witness now and where does
she live?
Answer 16. She lives in Indianapolis, Ind.,
but is now in the West travelling.
Question 17. Was Elizabeth B. O’Brien, at the time of making
this said last will and testament and at the
time when the same was witnessed by you of sound mind and memory?
Answer 17: Yes
Question 18. Was the said Elizabeth B. O’Brien, at the time
of making her said last will and
testament
about which you have been testifying under any coercion or restraint?
Answer 18. No.
Question 19. Was the said Elizabeth B. O’Brien, at the time
of making this said last will and testament a
married or unmarried woman?
Answer 19. Unmarried.
Question 20. Was the said Elizabeth B. O’Brien, ever at any
time a married woman?
Answer 20. No. I have known her all my life.
Urbana Spink.
State of Indiana, Marion County,
SS:
I Thos. F.
Garvin, a Notary Public, within and for said county, and state, hereby certify
that the above Urbana Spink was by me first duly sworn according to law, to
testify the truth, the whole truth and nothing but the truth, relating to said
cause; that her deposition was reduced to writing by me, that the said Charles
O’Brien and James Christopher O’Brien were not present, and that the said
deposition was taken at 1140 E. Market St. in Indianapolis, in the county of
Marion and in the state of Indiana, on the 15th day of August, 1924, between
the hours of Eight o’clock, in the forenoon and Four o’clock in the afternoon
of said day.
In
testimony whereof, I have hereunto set my hand and Notarial seal, this the 15th
day of August, 1924.
Thos. F.
Garvin, Notary Public
My Commission expires, July 8, 1925.
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