Last Will and Testament
I, Margaret Thomas, being of sound mind and disposing memory do hereby make and publish this as my last will and testament.
Item 1. It is my will that after my death all of my property both real and personal shall be sold, by the executor of this my will, and converted into cash.
Item 2. It is my will that all of my just debts and burial expenses, including a suitable monument or marker at my grave, shall be paid.
Item 3. I will, devise and bequeath to my beloved children, John M. Thomas, Mary Bassett, Sylvester E. Thomas, Edmund C. Thomas, Eleota Ellen Kepley and Henry C. Thomas, each, the one seventh part of all the residue of my said property after the debts, and expenses at Item two above and the costs of settling my estate shall have been paid.
Item 4. It is my will and I hereby appoint Wilbur Bassett, as a trustee for my beloved son Carey F. Thomas, and I will, devise and bequeath to said Wilbur Bassett, as such trustee, the one seventh of the residue of my said property and estate after the debts and expenses at Item two above and the costs of settling my estate shall have been paid, he the said trustee to loan said money in his hands out for the best interest he can obtain and to use the income from said funds and so much of the principal of said fund as may be necessary for the support and maintenance of my said son, Carey F. Thomas, and at the death of my said son, Carey F. Thomas, It is my will and I hereby give, devise and bequeath the residue of said trust fund remaining at the death of my said son to my beloved children, John M. Thomas, Mary Bassett, Sylvester K. Thomas, Edmund C. Thomas, Eleota Ellen Kepley and Henry E. Thomas, share and share alike and in the event any one of my said last named six children shall die prior to the death of my said son Carey F. Thomas, then it is my will that such deceased child's share shall go to his or her children if such deceased child shall leave children surviving him or her, and if not, then such deceased child's share shall be divided among my surviving children share and share alike.
Item 5. It is my will that any notes I may hold against any of my said children above named shall be deducted from such child's share in my said estate and also that any note I may hold against my said son, Carey F. Thomas shall be deducted from the trust fund provided by Item 4 above.
Item 6. It is my will and I hereby nominate and appoint my said son Edmund C. Thomas as the executor of this my last will and testament.
In Witness Whereof I hereunto set my hand and seal this 16th day of March, 1915.
Signed, sealed and acknowledged by Margaret Thomas, as her last Will and Testament in our presence and signed by us at her request as attesting witnesses in her presence and in the presence of each other.
Dated this 16th day of March, 1915
M. D. Miller
Sate of Indiana
Shelby County, SS:
Be it remembered that on the 14th day of February, A.D., 1919, the 34th judicial day of the Jan term of The Shelby Circuit Court in said year, come into open court Elmer Bassett and produces in Court an instrument in writing purporting to be the last Will and Testament of Margaret Thomas, deceased, and now moves the admittance thereof to probate and record, and in proof of said Will introduces Elmer Bassett, one of the subscribing witnesses thereto, who being duly sworn by the Clerk of said Court, on oath declares and testifies as follows, that is to say: That on the 16 day of March, 1915, he saw the said Margaret Thomas 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 Margaret Thomas 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 Margaret Thomas and with her consent attested and subscribed by the said Elmer Bassett and M. D. Miller in the presence of said testate and in the presence of each other, as subscribing witnesses thereof, and that the said Margaret Thomas 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 Elmer Bassett before me Gordon Thurston Clerk of said Court, at Shelbyville Indiana the 14th day of February, 1919.
Gordon Thurston, Clerk
Whereupon it is ordered, adjudged and decreed by the Court that said instrument in writing purporting to be the last will of Margaret Thomas, deceased, is the last will and testament of Margaret Thomas deceased, and is hereby admitted to probate and record in this Court.
Gordon Thurston, Clerk
State of Indiana
Shelby County, SS:
I, Gordon Thurston, Clerk of the Circuit Court of Shelby County, Indiana, do hereby certify that the within annexed will and testament of Margaret Thomas has been duly admitted to probate, and duly proved by the testimony of Elmer Bassett, one of the subscribing witnesses thereto, that a complete record of said Will and of the testimony of the said Margaret Thomas in proof thereof, has been by me duly made and recorded in Book 7 at pages 375 and 376 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 Shelbyville, Indiana, this 14th day of Feb, 1919.
Gordon Thurston, Clerk (Seal)
Transcribed by Linda Bianchi
Circuit Court, Shelby County
Notes from: Virginia Flesher
Monday, September 03, 2001
I had information that Margaret had died in 1884. This will puts her still
alive in 1915, and her will probated in 1919. Can anyone give me a correct
date of her death? I have this information:
Liberty Cemetery, Marion twp., Shelby Co IN
Margaret Thomas 1841-1884, 2 on stone
Lafayette Thomas 1835-1884
Infant Thomas Feb 12, 1871 16d d/o L & M.J. 2 on stone
Ida D Thomas Aug 18 1875 1 mo d/o L & M.J.
Also, Margaret's daughter, who is referred to in will as Eleota, is listed in census as Electa. Anyone know which it is?
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