Reynolds, John A.~ Last Will & Testament

submitted by Janice Beazer

State of Indiana, Warrick County, Will Book 4. Pages 161-164
Last Will and Testament of John A. Reynolds, Deceased. Probated: 17 Dec 1900

I, John A. Reynolds, of the Town of Boonville Warrick County, in the State of Indiana, being in my usual and ordinary health and of sound and disposing mind and memory, but knowing the uncertainty of life and the certainty of death, and desiring while in this state and condition to dispose of all the Estate which I have acquired by industry and economy, to those who have a claim on me by the laws of nature and nurture. After mature deliberation, I make and publish this my last Will and Testament.

Item 1. I direct that all my just debts that I may leave unpaid, including expenses of last sickness and funeral expenses, shall be first paid.

Item 2. I give, devise and bequeath to my four great grandchildren towit: - Ralph Mabias, Sally Marshall Lizzie Marshall and Otto Roth. Twenty five (25) dollars each.

Item 3. I give devise, and bequeath to my sixteen grandchildren, towit: - To the four children of Isabella Mabias by her present husband William Mabias, and also to her daughter, Pinka Dora, Fifty (50) dollars to each of said five children: also Fifty (50) dollars to each of the three children of Wallace Reynolds: also fifty (50) dollars to each of the three children of Rachael Whitmore: also fifty (50) dollars to each of the two children of my daughter Susan Lankford, deceased, towit: - Perry Lankford and also her son Arthur: Also Fifty (50) dollars to each of the three children of my son John J. Reynolds, deceased towit: - Ina, Flora Zell, and Robert I. Reynolds.

Item 4. For the purpose of equalizing my two children Isabella Mabias and my son Wallace Reynolds, with my daughter Rachael Whitmore, I give and bequeath to said Isabella and said Wallace, ninety seven ($97) dollars to each.

Item 5. After the gifts and bequests provided for in the foregoing four items of this Will, including any costs or expenses that may have been incurred in the execution of this Will shall have been fully and completely performed, and said gifts and legacies paid, then I will, devise and bequeath all my Real Estate which shall remain undisposed of in carrying out the above gifts and bequests, shall be equally divided, in fee simple, share and share alike, between my said three children, towit: - Isabella Mabias, Wallace Reynolds, and Rachel Whitmore.

Item six. In the execution of this Will, and carrying out the first four Items, above mentioned, my Executor is to sell and dispose of all my personal property: collect any debts or demands due me, and use any ready money I may have on hand at my death: and if the personal estate left by me, which shall come into the hands of my Executor, shall be insufficient to carry out the first four items of this Will, above mentioned, then and in that case, I direct, devise, and will, that my Executor shall sell so much of my Real Estate as will make up sufficient money to pay and discharge, and fully perform the first four items of this Will, above mentioned: and the residue and remainder of Real Estate, I will and devise and shall go to my said three children, as provided for in the fifth Item of this Will. I wish it to be distinctly and clearly understood, in the Construction of this Will that the gifts and bequests of money and the expenses of Administration mentioned in the first four Items of this Will, are preferred to, and have preference over, the devise of the Real Estate mentioned in the fifth Item of this Will and I especially charge my Real Estate with the payment of the gifts and legacies mentioned in the first four Items of this Will: and the devise of the Real Estate, mentioned in the fifth Item is intended and meant by me only the remainder of the Real Estate after the full and complete settlement of my estate, as provided in this Will.

Item 7. The real estate which I now own, and which is disposed of by this Will, is situated in the Town of Boonville and its Enlargement in said County and State and was purchased by me and is described in the three deeds now mentioned towit: -
The West half of In Lot No. ninety (90) also Lot (89) eighty nine except fifty feet wide across the west side of said Lot, purchased by me of Shafer Bros. The deed is recorded in Deed Record No. 39 page 339 in the Recorders Office of said Warrick County. Also the West half of In Lot No. Forty one (41) in the Town of Boonville purchased by me from George Wilder and Wife - The deed is recorded in Deed Record No. 51. Page 20 in said Recorders office. Also a part of Lot (31) thirty one in Masters Enlargement to the town of Boonville, commencing at the south west corner of said Lot thence running north 23 feet, thence east 140 ft, thence south 53 ft, thence west to the place of beginning 140 feet, purchased by me from William Shephard. The deed is recorded in deed record No. 46 at page 205 in said recorders office. Said deeds and said records thereof are referred to and made a part of this Will.
Item eight - I nominate and appoint my esteemed young friend Charles M Handy, Executor of this my last Will and Testament, trusting to his honesty and integrity that he will duly execute the provisions hereof.
Witness my hand and seal this 12th day of July 1895. John A. Reynolds (seal)

We, Thomas M. Howard, J. W. McKinney, and J. B. Handy do hereby certify that the said John A. Reynolds, testator aforesaid, signed his name to the foregoing instrument in our presence and published the same as his last Will and Testament, and requested us as witnesses thereto to attest the same. And we further certify that each of us signed the same in the presence of said testator, and in the presence of each other. Witness our hands this 12th day of July 1895. Thos. M. Howard
J. W. McKinney
J. B. Handy

Proof of Will:
State of Indiana, Warrick County, ss: Be it remembered, that on the 17th day of December 1900, personally appeared before me, J. W. McKinney, one of the subscribing witnesses to the within and foregoing last Will and Testament of John A. Reynolds, late of said County, deceased, personally appeared before R. D. Mellen, Clerk of the Circuit Court of Warrick 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 12th day of July 1895 he saw the said John A. Reynolds sign his name to the said instrument in writing as and for his last Will and Testament, and that this deponent, at the same time, heard the said John A. Reynolds 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 John A. Reynolds and with the consent attested and subscribed by the said J. W. McKinney and T.M. Howard & J. B. Handy in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said John A. Reynolds 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. J. W. McKenney.

Sworn to and subscribed by the said J. W. McKenney before me, R. D. Mellen Clerk of said Court at Boonville, Indiana on the 17th day of Dec 1900.
In attestation whereof I have hereunto subscribed my name and affixed the seal of said Court.
R. D. Mellen, Clerk

State of Indiana, Warrick County, ss: I, R. D. Mellen Clerk of the Circuit Court of Warrick County, Indiana, do hereby certify that the within annexed will and testament of John A. Reynolds has been duly admitted to probate, and duly proved by the testimony of J. W. McKinney, one of the subscribing witnesses thereto: that a complete record of said Will and of the testimony of the said J. W. McKinney in proof thereof, has been by me duly made and recorded in Book No. 4 at pages 161-4 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 Boonville this 17th day of Dec 1900. R. D. Mellen, Clerk, Warrick C. C.