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MARY A. SCHENCK
Source: Last Will & Testament Montgomery County Indiana Be it remembered on the 13th day of Oct 1865 it being the 9th judicial day of Oct of said court for said year and before the said judge.
On this day the last WIll &T estament of Mary A Schenck, deceased was produced beofre the clerk of said court and duly admitted to probate in open court upon the testimony of James Patterson one of the subsidiary witnesses to said Will and which said Will, togehter with the proof endorsed thereon were duly recorded in records provided and rest for that purpose and the same read as follows Towit: Mary A Schenck's Will I, Mary A. Schenck of the County of Montgomery in the State of Indiana being of sound and disposing mind, do hereby make this my last Will & Testament.
First, I direct that all my property, both real and personal except my Gold Watch, silver spoons, butter knife and books be sold by my executor and after paying my debts, I give and bequeath the remainder to my beloved son Henry Schenck: I further direct that personally be sold at public auction and that my exector sell all the realty of which I may die seized in the manner and upon such terms as may seem to him to be for the best interest of my estate; and any deed made by my said Executor to the purchaser of the said realty, shall be as valid, as if made by me in my lifetime.
Second, I give and bequeath to my son Henry Schenck, my gold watch one half dozen silver tea spoons, butter knife and books to be retained by him and not be subjected to sale by a guardian.
Third, I direct that the half dozen Silver Tablespoons, be equally divided between my three step daughters, Rachel Schenck, Elizabeth Rease and Abby Walters.
Fourth, I direct my executor to place suitable tombstones at the graves of my husband and my son Newton Schenck.
Fifth, I hereby constitute and appoint DN Morgan, the exec of my foregoing Will & testament. In witness whereof, I have hereunto affixed my signature, this 22nd day of Sept 1865. Mary A. Schenck We certify the above instrument was signed in our presence and that we witnessed it in the presence of the Testator and in the presence of each other. James Patterson & AJ Morgan State of Indiana, Montgomery County
Be it remembered that on the 13th day of Oct 1865 James Patterson one of the subscribing witnesses to the within and foregoing Last Will & Testament of Mary A. Schenck, late of said county deceased, personally appeared before me, William K. Wallace, Clerk of the Court of Common Pleas Of Montgomery County, State of Indiana and being duly sworn by the Clerk of said Court upon his oath, declared & testified as follows that is to say that on the 23rd day of September AD 1865 he saw the said Mary A. Schenck sign her name to said instrument in writing as and for her last Will & Testament and that the said deponent at the same time, heard the said Mary A. Schecnk, declare thes aid instrument in writing to be her Last Will & Testament, and that the said instrument in writing was at the same time at the request of the said Mary A. Schenck and with her consent, attested and subscribed by the said James Patterson & AJ Morgan in the presence of the said testatrix and in the presence of each other as subscribing witnessses thereto, and that the said Mary A. Schenck was at the time of the signing and subscribing of the said instrument in writing as aforesaid of full age, that is more than 21 years of age and of sound and disposing mind and memory and not under any coersion or restraint as the said deponent verily believes and further deponent says not.
James Patterson Sworn to and subscribed by the said James Patterson before me, William K. Wallace, Clerk of said Court at Crawfordsville 13 October 1865. (Seal) - in attestation whereof, I have hereunto subscribed my name and affixed the Seal of said Court. Wm. K. Wallace, Clerk State of Indiana, Montgomery County I, William K. Wallace, Clerk of the Court of Common Pleas, in and for Montgomery County, do hereby certify that the above and foregoing is a true full and complete copy of the Will of Mary A. Schenck, together with the proof and attestations, thereof from the original and that the same was proved & recorded on the 13th day of October AD 1865 Given under my hand this 13th day of October 1865 Wm. K. Wallace, Clerk And afterwards, towit on the 26th day of October in the year 1865, it being in the vacation of the court of Common Pleas of Montgomery County, Indiana
David N. Morgan, the exector named in the Will & Testament of Mary A. Schenck, deceased and filed an affidavit, setting forth among other things, the value of the personal estate of said decedent, which reads as follows, towit: The state of Indiana, Montgomery County. I, David N. Morgan, swear that the value of the Real & Personal Property of Mary A. Schenck, deceased who died the 5th day of October 1865 does not exceed the sumo f $1600 as I believe, so help me God. D. N. Morgan Subscribed & sworn to before me, 26 day of October 1865. Wm. K. Wallace, Clerk And thereupon, the Clerk of Said Court, issued Letters Testamentary to the said David N. MOrgan and who before receiving letters executed and file dhis bond, and took and subscribed the oath prescribed by law and which said Bond, Oath and also the lEtters issued to the said David N. MOrgan were each and all duly recoreded in Records provided and rest for that purpose and the same reads as follows: Towit, Know all men, that we David N. Morgan and Christian W. Eltzroth are bound unto the State of Indiana, in the penal sum of $3200dollars for the payment of which we jointly and sevearlly bind ourselves, our heirs, execturos and administrators. Sealed & dated, 26 October 1865. The conditon of the above obligation is that if the above bond David N. Morgan shall faithfully discharge the duties of his trust as executor of the last WIll of Mary A. Schenck deceased, according to law, then the above obligation is to be void else to remain in full force. DN Morgan (seal) CW Eltzroth (seal) Approved by me the 26th day of October 1865. Wm. K. Wallace CCCP Montgomery County Filed & Recorded the 26th day of October 1865 a True Record State of Indiana I, David N. Morgan, swear that I will faithfully discharge the duties of my trusts, as Exec of the last WIll of Mary A. Schenck, deceased according to law so help me God David N. Morgan Subscribed & sworn to before me, this 26th day of October 1865. Wm. K. Wallace CCCP Montgomery County Indiana I, William K. Wallace, CCCP for county of Montgomery, state of Indiana do certify the annexed to be a true copy of the last WIll of Mary A. Schenck, late of said County deceased and of the certificate of probate as endorsed thereon, and David N. Morgan having qualified and given bond as required by law as such executor, is duly authorized to take upon himself the administration of such estate according to such will. ... And afterwards towit: on the 29th day of Jan 1866 it being the first judicial day of the January term of said court for said year and before said judge. Letters Testementary granted to David N. Morgan on the last Will & Testament of Mary A. Schenck, deceased with CW Eltzroth his surety thereto in a penalty of $3200 which said letters were ratified and adopted as the acts of said court. And afterwards, towit on the 25th day of Nov 1865 in vacation of the CCP of Montgomery County D
avid N. Morgan, Exec of the last Will and Testament of Mary A. Schenck, deceased filed in t he CLerks office of said county, the inventory with the oath of the appraisers endorsed thereon of real and personal property of said decedent which said Oath & Inventory read in the words & figures: ... 1 Breakfast table $3.5015 2 feather beds & pillows $230 1 dining table $3.5016. 2 straw ticks $6.00 2 stands $3.0017.6 Quilts $18 5 cane bottom chairs $8.0018 1 Blanket $1.00 6 Wooden Bottom Chairs $2.0019 12 Sheets $18.00 2 Split Bottom Chairs $2.0020 2 Comforts $5.00 1 Can Bottom ROcker $2.0021 2 Pair Pillow Slips $1.00 1 Solid Bottom Rocker $1.0022 3 Table Cloths $.75 1 small Rockers $.5023 1 Table Spread $1.00 2 Bedsteads $2.0024 1 Rag Carpet $1.00 1 Bureau $5.025 20 Yards Cparet 2 ply $10.00 2 Mirrors $4.0026 1 Safe $6.00 1 Cookstove & Furniture $8.0027 Shovel & tons $1.00 1 Sheed Iron Stove $6.0028 1 Pair Adud Irons $.50 1 1/2 Doz Plates $1.0041. Lot TIn Ware $1.00 3 Meat Dishes $1.0042 Lot Knives & forks $1.00 3 Deep Dishes $.7543 Glass Jar & Pitcher $.50 1 doz Cups & Saucers $.5044 3 Lamps $1.50 4 Sugar Bow & Tea POts $.7546 1 Glass Lantern $.50 2 Pickle Dishes $.5047 3 tubs $.50 2 Bowls $.0548 1 Wooden Bucket $.25 9 1/2 Dessert dishes $.2549 1 Rkae & shovel $1.00 2 glass dishes $1.0050 Wood saw $1.00 Wash Bowl 7 Pitcher $.75.51 1 brass kettle $.50 Lot crockery $1.0052 Meat Barrel $.25 That part of Sec 32 in Twp 19 N of Rg 4 W Beginning 37 feet four inches Est of the SE corner of the lot of land sold by FM Pullen to the trusttes of the County seminary of Montgomery Count thence East to the center of the lot sold by FM PUllen to Jacob Christman thence North so as to range with the South side of the alley between Vernon & market streets thence west to within 37' 4" of the seminary lot, thence south to the place of beinning $1500.00 Signed by us, this 2nd day of No 1865 Thomas Kelley & Wm. Vanarsdall, Appraisers .............
Article Amt Sold To
Shovel & tongs $1.05 Calvin Long
I, Theodore H. Ristine, Clerk of the sale of the personal property of Mary A. Schenck, deceased swear that the foregoing Sale Bill is a true account therof. Theo. H. Ristine Seal - subscribed & sworn to before me this 24th day of Nov 1865. Benjamin T. Ristine, Notary State of Indiana, Montgomery County I, David N. Morgan Executor of the estate of Mary A. Schenck, deceased, swear that the forgoing Sale Bill is a true account of the sale of the personal property of the decedent. David N. Morgan Subscribed and sworn to before me, the second day of December 1865. Wm. K. Wallace, Clerk of the Court of Common Pleas of Montgomery County. And afterwards, To wit; on the twelfth day of February 1866, it being the 13th Judicial day of the January Term of said Court, for said year, and before the said Judge Conier now David N. Morgan, Executor of said estate, and files a report under oath of the sale of the Real Estate ordered to be sold by the direction of the Will of said decedent, which reads as follows. To wit; State of Indiana Montgomery County Court of Common Pleas, January Term 1866. David N. Morgan, Executor of the last Will and Testament of Mary A. Schenck deceased, reports to said Court, that in pursuance of the directions, and by virtue of the authority of said Will, after having given due notice thereof, by publication in the Crawfordsville Review, a newspaper of general circulation, published in said County, on the 11th day of December 1865, he sold at private sale to Darwin T. Hill, for the sum of $1500 the following described Real Estate, situate in the East part of the City of Crawfordsville: Bounded as follows: Beginning at a point thirty seven feet and four inches East of the South East corner of the old County Seminary lot, now owned by Chilion Johnson, thence East to the center of the lot sold by Pullen to Jacob Christman, thence North to a point in the line ranging with the South side of the Alley, running East and West, between Vernon and Market streets of the City of Crawfordsville, thence West to a point thirty seven feet and four inches, East of the East line of said Seminary lto, thence South to the place of beginning; and that said Hill executed to said Executor his promissory note, dated December 11, 1865, and due eighteen months after date, with interest from dates, payable annually, in advance with R. M. Hill as surety: That said sum was equal to the appraised value of said Real Estate, as appears by the Inventory and appraisement thereof, now on file in said Court, and that it was the best price he was able to obtain for it. He therefore asks that said sale be confirmed and that said Executor be authorized to execute, to said purchaser, a deed for the same as required by said Will. David N. Morgan Subscribed and sworn to, before me, this 12th day of February A.D. 1866 Ben T. Ristine, Notary Public On the back of said report of sale is following endorsement To wit; Examined and confirmed by the court, February 12th 1866. J. Naylor And the Court, after examining the proceedings of said Executor, in respect to said sale, and being satisfied that they were fair, and that the sum for which said Real Estate was sold, is equal to the appraised vlaue thereof, orders that said sale orders that said sale as made and reported, be and the same is in all things confirmed. And on motion, it is ordered, that said Executor be authorized to make said purchaser a deed for the premises, so as aforesaid purchased by him, and that he report said deed, for confirmation and approval at the present term. And afterwards, To wit; on the seventeenth day of February 1866 aforesaid; Ordered by the Court that this cause be continued. And afterward, To wit; on the twentysecond day of June 1866, aforesaid; Ordered by the Court that this cause be continued. And afterwards, To wit; on the twentieth day of October 1866 aforesaid, it being the order of the Court, that this cause be continued. (error) And afterwards, To wit; on the twentieth day of February 1867; Ordered by the Court that this cause be continued (error).
And afterwards, To wit; on the thirteenth day of February, 1867, it being the Eighth Judicial day of the February Term of said Court for said year and before the said Judge. Comes now David N. Morgan, Executor of said estate and produces to the Court his deed duly acknowledged, whic is examined and approved by the Court and the same reads as follow, To wit; This Indenture Witnesseth; That David N. Morgan, Executor of the last Will and Testament of Mary A. Schenck, deceased, appointed by order of the Court of Common Pleas of the County of Montgomery in the State of Indiana, upon the confirmation of the report of the sale of the REal estate herein after described, sold by said Executor, by virtue of, and in conformity with the provisions of the last Will and Testament of said Mary A. Schenck, deceased, as entered in the Order Book of said Court, in Volume No. 4, on page 507, conveys to Darwin T. Hill, the following described Real Estate situate in the County of Montgomery in the State of Inidana, To wit; Situate in the East part of the City of Crawfordsville; Bounded as follows: Beginning at a point, thirty seven feet four inches East of the South East corner of the old County Semiknary lot now owned by Chilion Johnson, thence East to the center of the lot sold by Pullen to Jacob Christman, thence North to a point in the line ranging with the South side of the Alley running East and West between Vernon and Market streets of the City of Crawfordsville, thence West to a point thirty seven feet four inces East of the East line of said Seminary lot, thence South to the place of beginning for the sum of $1500: To Have and to Hold said premises to the said Darwin T. Hills, his heirs and assign forever.
In Witness whereof the said David N. Morgan Executor as aforesaid has hereto set his hand and seal this 5th day of November A.D. 1866. David N. Morgan (seal) Executor State of Indiana, Montgomery County. Before me Ben T. Ristine a Notary Public in and for said County came David N. Morgan the above named executor, and acknowledged the foregoing conveyance as his act and deed Witness my hand and Notarial Seal this 5th day of November A.D. 1866. Ben T. Ristine Notary Public On the back of said deed is the following endorsement, To wit; Examined and approved by the Court, February 13, 1867. J. Naylor And it is ordered by the Court, that said Executor be allowed the sum of $5 for said deed, and the further sum of $1.50, by him paid for Revenue Stamps on said deed. Said Executor also files an account current and accompanying vouchers for a final settlement of said estate, and which said account current and settlement is examined and confirmed by the Court and the same reads as follows, To wit; State of Indiana, Montgomery County. David N. Morgan, Executor of the estate of Mary A. Schenck deceased, reports to the court of Common Pleas the following final settlement account: Said executor charges himself with amount of Inventory filed by him:$1656.05 Also w/ amount of excess of proceeds of sale, above appraised value of personal property:$ 10.30 Also with amount of interest from D. T. Hill:$ 90.00 By cash paid Leah Snook on account rendered Voucher #1:$ 525.00 By amount retained by Executor for necessaries provided for Henry Schenck the only heir at law of decedent Voucher #2:$ 53.65 By cash paid tax for the year 1866 Voucher #3:$ 13.70 By cash paid tax for the year 1865 Voucher #4:$ 20.56 By cash paid C. W. Eltzroth on account rendered Voucher #5:$ 35.80 By cash paid Wm. P. Ramey for crying sale Voucher #6:$ 5.00 By cash paid L.F. Wade & Son for Tombstones for decedents grave Voucher #7:$ 60.00 By cash C. H. Bowen for publishing notices Voucher #8:$ 7.00 By cash paid F. H. Ristine for services as clerk of sale Voucher #9:$ 2.00 By cash paid J.W. Vannice for digging grave Voucher #10:$ 5.00 By cash paid for Revenue Stamps for the papers of said estate Voucher #11:$ 2.00 By cash F. A. Duckworth & Co. for coffin Voucher #12:$ 25.00 By cash paid W. K. Wallace cost accruing in this case Voucher #13:$ 21.55 By amount retained or paid Thornson & Ristine for services in settlement of said estate Voucher #14:$ 11.50 By balance to close$ 968.59 Total:$1756.35$1756.35 To amount brought down$ 968.59 The above account current is inall things true as I do verily believe. David N. Morgan, Executor Subscribed and sworn to, before me this 6th day of November 1856. Ben T. Ristine, Notary Public On the back of said account current is the following endorsement, To wit; Examined and confirmed by the Court, February 13, 1867. And which said account current and settlement show a balance yet in said Executorsand for distribution of $968.59 and which said sum it is ordered by the court that said Executor pay to the proper persons, entitled to receive the same and file the receipts therefor, in the Clerks Office of this Court without delay. And that the Clerk of this Court make a complete Record of all the proceedings had in this case. Received of D. N. Morgan Executor of the Estate of Mary A. Schenck deceased $968.59 April 29, 1867 S. B. Morgan, Guardian of Henry Schenck.
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Citation: The INGenWeb Project, Copyright ©1997-2015 (and beyond), Montgomery County GenWeb site http://www.ingenweb.org/inmontgomery/