LAST WILL AND TESTAMENT OF MILES A. CARVER OF CLINTON
COUNTY, DEC'D.
Be it Remembered: That on the First day of August, 1895, there
was filed in the office of the Clerk of the Clinton Circuit
Court, the last will and testament of Miles A. Carver, reading in
the words and figures following, to wit:
In the name of the Benevolent father of
All,
I, Miles A. Carver of Clinton County in
the State of Indiana being of sound mind and disposing memory do
make and publish this my last will and testament.
Item 1. I direct that my just debts and funeral expenses shall be
paid as soon as practicable after my decease.
Item 2. I devise and give to my wife Catharine Carver all my
personal property of whatever source for her use and benefit
during her natural life. I also give and devise to my said wife
Catharine, the proceeds of my farm in Perry Township, Clinton
County, Indiana, that we now live on, after the payment of the
necessary repairs, taxes and expenditures on the same, for and
during the period of her natural life, for her support and the
support of my youngest child, Lillian, so long as she, said
Lillian, shall continue to live with her and remain unmarried.
The proceeds of said farm to be paid to my said wife Catharine as
hereinafter directs.
Item 3. I direct that my said wife and my daughter, Lillian,
shall continue to live on my said farm during the life of my said
wife should they desire lodge.
Item 4. I will that my Executor herein appointed, shall for the
purpose of the payment of my debts and funeral expenses, sell and
convert into money, upon such terms as to notice and time of
payment he may think proper, my seven acre tract of timber near
Colfax, described as follows: Beginning at the South East corner
of Section Five (5) in Township Twenty (20) North, Range two (2)
West, and running thence north of the Section line 1758 links;
thence West 400 links; thence south 1758 links; thence East 400
links to the place of beginning. That said sale shall be made
without any order of court and that my said Executor is hereby
authorized to make, execute, acknowledge and deliver to the
purchaser a good and sufficient deed in fee simple for said land.
Item 5. I devise to my said daughter Lillian, the sum of Fifty
Dollars per annum from the time she became of the age of twenty
one years until the death of my said wife Catharine, unless she,
said Lillian, should sooner marry a husband, in that event said
payment shall cease. Said sum to be paid by my Executor out of
the proceeds arising from the sale of my farm hereinafter
specified.
Item 6. I devise to my step daughters Mary Whitehead, Ella Mumea
and Sallie Ricketts and my daughters Ada Frantz, Rose V. Clark,
Dora E. Carver and Lillian Carver the sum of Three Hundred and
fifteen dollars to be equally divided among them. Said amount
being received by me from their mother from the estate of her
deceased father. Said sum to be paid by my Executor out of the
proceeds arising from the sale of my farm as hereinafter
directed.
Item 7. I hereby appoint my son-in-law, John L. Young, the
Executor of this my last will and testament.
Item 8. I will that upon my death my said Executor shall take
charge of my farm and rent the same upon such terms as he may
think just and proper, and after the payment of all taxes,
necessary repairs and expenses apply the remainder so far as may
be to the support and maintenance of my said wife and daughter
Lillian, as directed in Item two of this will.
Item 9. I will that upon the death of my said wife, Catharine, my
said Executor shall sell whatever shall remain of my personal
property at private sale or public sale or devide the same among
my children as he may think proper. My Executor shall also, upon
the death of my said wife sell my farm, or any part thereof at
public or private sale without notice or appraisement upon such
terms as he may think just and proper and without any order of
Court, and make, acknowledge, execute and deliver a good and
sufficient deed or deeds to the purchaser or purchasers in fee
simple, and after the payment of all expenses and charges against
said land and after the payment of the debts at Items 5 & 6
of this will devide the proceeds arising from said sale of said
farm among my children, Mary E. Harney, Orlantha Dougherty,
Angeline Young, Frances Carver, Elizabeth Harney, Albert Carver,
William Carver, Ada Frantz, Rose Clark, Dora E. Carver and
Lillian Carver and share alike, except that my son Albert shall
receive only one half as much as each of my other children.
I hereby revoke all former wills by me at any time made.
In testimony hereof I have hereunto set my hand and seal this 22d
day of August, 1894.
Miles A. Carver
Seal
Signed and acknowledged by said Miles A. Carver, as his last will
and testament in our presence, and signed by us in his presence
and in the presence of each other as witnesses this 22nd day of
August, 1894.
Horace P. Campbell
Fred S. Coulter
And now Horace P. Campbell one of the subscribing witnesses to
the within and foregoing last will and testament of Miles A.
Carver late of said County, deceased, personally appeared before
the Clerk of the Circuit Court of Clinton County in the State of
Indiana, and being duly sworn by the Clerk of said Court, upon
oath declared and certified as follows, viz: That on the 22d day
of August, 1894, he saw the said Miles A. Carver 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
Miles A. Carver 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 Miles A. Carver
and with his consent, attested and subscribed by the said Horace
P. Campbell in the presence of said testator and in the presence
of each other as subscribing witnesses thereto, and that the said
Miles A. Carver was at the time of the signing and subscribing of
the said instrument in writing as aforesaid, of full age (i.e.
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.
Horace P. Campbell
Sworn to and subscribed by the said Horace P. Campbell before me
Oliver Gard, Clerk of said Court at Frankfort the First day of
August, 1895.
In Attestation whereof, I have hereon subscribed my name and
afixed the seal of said Court.
Seal
Oliver Gard, Clerk
I Oliver Gard, Clerk of the Circuit Court of Clinton County,
Indiana, certify that the above and foregoing is a full, true and
complete copy of the last will and testament of Miles A. Carver,
deceased, and of the probate thereof.
Oliver Gards Clerk
August 1st,
1895 Circuit
Court
To the clerk of the Clinton Circuit Court and to persons whom it
may concern.
I Catherine Carver widow of Miles A. Carver late of Clinton
County Indiana, deceased, hereby elect to take under the
provisions made for me by my late husband said Miles A. Carver in
his last will and testament end I elect to take under said will
and testament and not under the statute of the State of Indiana.
In
witness whereof I have hereunto set my hand this 10th day of
September 1895.
Catharine Carver
State of Indiana
Clinton County
Before me John L. Young a Notary Public in and for said County
and State personally came Catharine Carver whose signature is
attached to the foregoing instrument and acknowledged the above
and foregoing election to be her free act and will.
Seal John
L.
Young Notary
Public
I Oliver Gard Clerk of Clinton Circuit Court certify that the
above is a true Record of the original election of Catharine
Carver which is as filed in my office on the llth day of
September 1895.
Oliver Gard Clerk C C C
Will Recorded on page 514 of this book Including pages 515 - 516
- 517 & 518.
Oliver Gard Clerk C C C
Transcription of the will of Miles A. Carver as on file in the office of the Clerk Of Circuit Court, Clinton County, Indiana - Court House - Frankfort, Indiana 46041
© Terry L. Carver 1999
Copying is permitted for noncommercial, educational use by individual scholars and libraries. This message must appear on all copied material. All commercial use requires permission of the author.
Return to Clinton County Homepage