Will Book C, Pages 30-33
Last Will and Testament of William Shoemaker
In the name of the Benevolent Father, I, William Shoemaker
of the County of Martin and State of Indiana, being of sound mind and disposing
memory, do hereby make publish and declare this my last Will and Testament,
revoking and making void all Wills by me heretofore made,
1st I do hereby publish and declare that the financial
assistance rendered by me to Oliver Ewing and Ralph Ewing was a gift by me at
the time to said Ewings on account of the esteem and respect I have for them,
and I have no claim against them or either of them for any money furnished them
or any service paid on their account.
2nd I hereby publish and declare that all financial
assistance furnished to James H. Burns or his wife has been fully compensated
by them in their kind and affectionate care they have rendered me in my old age
and afflictions, and I have no claim against them for any money furnished them
or paid out for them.
It is my
Will and desire that I have a decent funeral after my death, suitable to my
condition in life and having already contracted for a monument and fence around
my grave my Executor need not erect any.
It is my
Will and desire that any funeral expense and expense of last sickness be paid
by any Executor as soon after my death as possible.
I give and
bequeath to the Trustees of Trinity Springs Cemetery Ten Dollars to aid in
repairing the grounds and erecting a fence.
declare that my entire estate consists of Three thousand Dollars in notes on
the McBride Bros. that payment of them has been extended one year. Three
hundred and ten Dollars in note and mortgage on W. Steele Ewing and Three
hundred Dollars in cash on hand, and a few articles of little or no value.
I nominate and
appoint George McBride executor of this my last Will and Testament and Hiram
McCormick as Attorney of my estate, and it is my will and desire that my
executor defend this Will against any assaults that is made on it and defend
the persons in any of the gifts made in this Will, or any gifts heretofore made
out of any money he has after the payment of my last sickness and funeral
remainder of any estate after paying the foregoing expense and expense of
settling my estate I give and bequeath as follows;
1st I give and bequeath to James H. Burns Four hundred
2nd I give and bequeath to Oliver Ewing Four hundred
3rd I give and bequeath to Ralph Ewing Four hundred Dollars,
4th All the remainder of my estate I give and bequeath to
Margaret L. Burns.
Attest Hiram McCormick
(his mark) Shoemaker
Remembered that on this 20th day of January, 1897, the above and foregoing
instrument was read over to William Shoemaker in his presence and hearing and
after the same was read to him, he signed the same as his last Will and
Testament in our presence, and we in his presence, and at his request, and in
the presence of each other signed the same as attesting witnesses.
The State of Indiana, Martin County, SS:
Remembered, That on the 5th day of July, 1897, William McBride one of the
subscribing witnesses to the within and foregoing last Will and Testament of
William Shoemaker 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 Court upon his oath, declared and testified as follows; that is to say:
That on the 20th day of January, 1897, he saw the said William Shoemaker 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 William Shoemaker
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 William Shoemaker and with his consent attested and subscribed by the said
William McBride and Emmet Davis in the presence of said testator, and in the
presence of each other as subscribing witnesses thereto, and that the said
William Shoemaker 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 William McBride before
me Geo. W. Gates Clerk of said Court, at West Shoals the 5th day of July, 1897.
W. Gates Clerk
attestation whereof, I have hereunto subscribed and affixed the seal of said
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 William Shoemaker has been duly
admitted to probate, and duly proved by the testimony of William McBride one of
the subscribing witnesses thereto that a complete record of said Will, and of
the testimony of William McBride in proof thereof, has been by me duly made and
recorded in Book “C” at pages 30, 31, 32 & 33, of the record of Wills of said
In attestation whereof, I have
hereunto subscribed my name and affixed the seal of said Court, at West Shoals,
this 5th day of July 1897.
Circuit Court Martin County