1921 Will of Joseph P. Reeves
Hancock County, Indiana
Will Book 5, pp. 485-486
29 Oct 1921
Transcription
I, Joseph P. Reeves, a resident of Brown Township, Hancock County, Indiana, being of sound and disposing mind and memoty, do hereby make, publish and declare this my last will and testament in manner and form following, to-wit:Item 1. I desire that all my just debts and funeral expenses be paid by my executor hereinafter named as soon after my death as can conveniently be done.
Item 2. I give, will, devise and bequeath to my beloved wife, Electa Reeves for and during the term of her natural life the following described real estate situate in Brown Township, Hancock County, in the State of Indiana, to-wit:
The east half of the northeast quarter of section thirty one (31), Township seventeen (17) north, Range eight (8) east, containing eighty (80) acres more or less.
Item 3. At the death of my beloved wife, Electa Reeves, I give, will, devise and bequeath the undivided three fourths (¾) part in value of said above described eighty (80) acres to my three children, namely, Guy A. Reeves, ORville J. Reeves and Katherine Reeves in equal shares in fee simple.
Item 4. At the death of my beloved wife, ElEcta REeves, I give, will, devise and bequeath the remaining one fourth (¼) part in value of said above described eighty (80) acres to my daughter Erma Laird for and during thE term of her natural life and at her death to her children then living. In the event that my said daughter Erma Laird shall die, leaving no child or children surviving her, then and in that event said one-fourth interest shall descend to my three children named in Item four above in equal shares.
Item 5. All the rest and residue of my real estate and all my personal property of whatsoever kind or character, I hereby direct that my executor hereinafter named shall sell, as soon after my death as can conveniently be done, for the purpose of paying my debts. After the payment of all my debts and the costs and charges of administering upon my estate shall have been paid, my said executor shall distribute whatever surplus money shall remain in his hands as follows:
He shall pay to my above named beloved wife, ElEcta Reeves the sum of five hundred (500) dollars and distribute the balance, if any, to my four above named children, subject however to Item six (6) of this will.
Item 6. Should any of my said children be indebted to me at my death or should my estate become liable and compelled to pay any debt of any of my said children whereon I am surety, then and in that event said child or children shall pay such debt to or reimburse my said executor for any such sum as he shall have paid out by reason of my being surety thereon before any part of the surplus money mentioned in item five (5) above shall be paid to such child or children as shall be so indebted to me or my estate. And in the event that said child or children shall be unable, or fail, neglect or refuse to so pay to or reimburse my said executor, then and in that event such sum or sums as shall be represented by such debt or surety shall be an advancement to such said child or children out of my estate and shall be charged to such debtor child or children by my said executor, treated as an advance ment and calculated, in the final distribution of said above mentioned surplus money, so that no child or children, such debt or debts considered shall receive more than any other child or children our of my estate.
Item 7. It is my further will and I hereby so direct that in the event that there shall not be a sufficient amount coming to either of my said children out of the surplus money directed in Item sIx (6) above to be distributed by my said executor to make the shares of my children in such distribution and advancements or debts equal then and in that event I hereby charge the share of such debtor child or children in the eighty (80) acres above described with a lien or liens thereon sufficient to make all my children share equally in my estate, such lien or liens to be due to and in favor of such child or children as shall have failed to receive as much from my estate as any other child or children as shall have been indebted to me or my estate, such lien to be collectible, without relief from valuation or appraisement laws and with attorneys fees, as mortgages are foreclosed.
Item 8, I hereby name, nominate, constitute and appoint Sylvanus C. Staley of Wilkinson, Indiana, executor of this my last will and testament.
In Witness Whereof, I have hereunto set my hand this 29th day of October, 1921, at Wilkinson, Indiana, in the presence of the subscribing witnesses whose signatures appear below.
Joseph P. Reeves
We the undersigned subscribing witnesses to the within and foregoing last will and testament of Joseph P. Reeves, having heard him declare the same to be his last will and testament and having seen him subscribe his name thereto as such, in his presence and at his request, hereunto subscribe our names to said last will and testament in the presence of each other as attesting witnesses to said last will and testament this 29 day of October, 1921, at Wilkinson, Indiana.
Geo. W. Sowerwine
Charles Titus M.D.
THE STATE OF INDIANA, HANCOCK COUNTY, SS:
BE IT REMEMBERED, That on thE 21st day of April, 1922, Geo. W. Sowerwine, one of the subscribing witnesses to the within and foregoing last will and testament of Joseph P. Reeves late of said County, deceased, personally appeared before Ozrow Kemerly, Clerk of the Circuit Court of Hancock 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 29th day of October, 1921, he saw the said Joseph P. Reeves sign his name to said instrument in writing as and for his last Will and Testament, and that deponent at the same time heard the said Joseph P. Reeves 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 Joseph P. Reeves and with his consent attested and subscribed by the said Geo. W. Sowerwine and Charles Titus in the presence of the said Testator, and in the presence of each other as subscribing witnesses thereto, and that the said Joseph P. Reeves was at the time of signing and subscribing of the 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 that said Joseph P. Reeves, departed this life on the 25th day of March, 1922, and further deponent says not.
Geo. W. Sowerwine
Sworn to and subscribed by the said Geo. W. Sowerwine before me, Ozrow Kemerly, Clerk of said Court, at Greenfield, this 21st day of April, 1922.
In attestation whereof, I have hereunto subscribed my name and affixed the seal of said Court.
(SEAL) Ozrow Kemerly, Clerk.
Transcribed by Lois Downey.