Will Book C, Page 461
Last Will and Testament of Mary Q. O’Brien
In the Name
of the Benevolent Father, I Mary Q. O’Brien, being of sound and disposing mind
and memory, mindfull (sic) of the
uncertainty of life and of the certainty of death, do make and publish this my
last will and testament, hereby revoking all wills by me heretofore made.
As soon as practicable after my death I desire that all of my just debts, the
expenses of my last illness and my funeral expenses shall be paid.
To my daughter Elizabeth B. O’Brien and my sons Lewis Edward O’Brien and
Charles M. O’Brien I will and bequeath all real estate of which I may die
seized lying north of the Shoals and Loogootee Road to hold and own in the
following proportions to-wit: To Elizabeth B. O’Brien and Lewis Edward O’Brien
each the three eighths (3/8) in value and to Charles M. O’Brien the undivided
one-fourth in value thereof. And it is my will that should either of said
beneficiaries depart this life prior to myself I desire their interests and it
is my will that the same shall descend as follows: should either Elizabeth B. O’Brien
or Lewis Edward O’Brien die before I do I desire that the survivor shall take
the interest that would have descended under this will to the one so dying. And
should the said Charles M. O’Brien depart this life before I do I will that his
interest as herein before set forth shall vest share and share alike in said
Elizabeth B. O’Brien or Lewis Edward O’Brien or he survivor thereof.
I will and bequeath to my said daughter Elizabeth B. O’Brien and my son Lewis
Edward O’Brien, subject to any mortgage indebtedness that may exist against the
same, all real estate of which I may die seized lying in section 29, Township 3
North Range 4 West, they to pay said mortgage indebtedness or sell same as they
I will and bequeath to my five children namely Elizabeth B. O’Brien, George F.
O’Brien, Lewis Edward O’Brien, Charles M. O’Brien and James C. O’Brien all the
land of which I may die seized lying east of the farm owned by my son James C.
O’Brien and North of the B & O railway and South of the Shoals and
Loogootee road to be divided equally between them or should any of them depart
this life prior to myself it is my will that the interest herein set forth and
designated shall vest to myself if it is my will that the interest herein set
forth and designated shall vest in the heirs at law of each decedent. And it is
my especial request that my son James C. O’Brien shall be permitted to have his
interest in said land adjacent to his farm.
It is my will that such personal estate as I may die seized of shall be used to
pay my debts and if there should not be sufficient thereof so to do I make the
remainder unpaid a charge against my children Elizabeth B. O’Brien and my sons
Lewis Edward O’Brien and Charles M. O’Brien they to pay the same.
event that my personal estate should exceed my indebtedness as provided in this
item I will and bequeath any surplus remaining to my daughter Elizabeth B.
O’Brien she to give such portion thereof as she may deem proper to my son Lewis
Item Six: I
leave the selection of an executor of this instrument to my said children.
sealed this 26th day of May, 1919 as my last will and testament.
Signed by the said Mary Q. O’Brien and acknowledged by her
as her last will and testament in our presence, who at her request and in her
presence and in the presence of each other hereunto subscribe our names as
witnesses this May 26, 1919.
State of Indiana, Martin County,
Sherman McPherson, Clerk of the Martin Circuit Court, personally came, Carlos
T. McCarty one of the subscribing witnesses to the foregoing last will and
testament of Mary Q. O’Brien, late of Martin 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
hereof, said testator was of full age to devise his property, of sound mind and
memory, and not under any coercion or restraint, and that said testator
requested him and Bernice Gootee 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.
Subscribed and sworn to before me this 14th day of March,
Sherman McPherson, Clerk