USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used by non-commercial entities, as long as this message remains on all copied material. These electronic pages cannot be reproduced in any format for profit or other presentation. ========================================================================== LAST WILL AND TESTAMENT OF A.H. CAMPBELL I Alexander H. Campbell of Liberty Indiana being of sound and disposing mind and memory and understanding do make, publish and declare this to be my last will and testament, hereby revoking all former wills. Item 1st - I devise my just debts, funeral and testamentry expenses promptly paid Item 2 - I desire burial in the lot owned by me no. 7 in Sec. 7 in West Point Cemetery at Liberty Indiana and if not done by myself, I desire my executor to erect as soon as practicable after my decease a suitable family monument on said lot to cost not less than four hundred dollars nor more than six hundred dollars. Item 3 - I authorize empower and direct my executor to sell all my real estate and personal property of every class and description. Including bonds of a public nature wheresoever situated at public or private sale as he may determine, and he shall execute to the purchaser or purchasers of any real estate a deed or deed of conveyance thereof and any such sale and conveyance shall pass and give to any such purchaser a feesimple title to the real estate sold and conveyed and all and singular the matters and things appertaining then to shall be done and consummated and shall have validity, force and effect without the intervention of any order disective, judgement decree or approval of any court the intent being that my executor shall as soon as practicable under the exclusive authority of this my will, convert all my estate of every kind and character into money. Provided however that such sales shall be made subject to valuation and appraisment laws of the state of Indiana in force at the time of such sale. Item 4 - The whole of my estate convertible into money as above, provided after the payment of all proper and just debts, charges and expenses. I give and bequeath and direct payment to be made as folows to my son's Rufus Campbell, Joseph Campbell, Benjamin Campbell, and Samuel Campbell each one fifth (1/5) part thereof, and to Walter Campbell and Harriet Campbell, children of my son William Campbell deceased, each one tenth (1/10) part thereof. These grandchildren stand in the place of my said deceased son taking his representative equal one fifth (1/5) share in my estate. The foregoing bequests are made subject to advances already made and charged and which may hereafter be made and charged against them. The advances already made and chargeable against them respectively are as follows. Advancements made and charged up to May 23rd 1890 in money and property value. Rufus Campbell has received $1325.35 William Campbell has received 560.33 Joseph Campbell has received 112.00 Benjamin Campbell has received 745.00 Samuel Campbell has received nothing. Hereafter I shall continue to keep an exact accounting of all financial transactions had with my children and grandchildren, and the same will be found recorded in my own way in my Book Marked Ledger A. and whether the accounts be mutual or be wholy against any of them, whither by way of intended advancement or charges or otherwise; The amount appearing in my favor upon proper addition and subtraction shall be deemed and taken as an advancement of such amount or sum of money and charged accordingly to such child or grand child against whom such entry appears. A part of the amount of advancements above charged to my son William was made to him personally and a part to his said children and to their use and benefit after his death, but as the whole sum is chargable equally against his said children's respective portions no separation of amounts received by them respectively is shown - all entries made hereafter in said Ledger in respect of the matters herein refered to shall be deemed and taken as true and conclusive and binding in the settlement and distribution of my estate, likewise the advancements already made and above specified shall be deemed and taken as indisputable and conclusive. If either of my said grand children shall die during minority without issue surviving its share or bequest shall go to the survivor. And if both die during minority without issue surviving the bequest herein made to them shall go to my children living and to the decendants of those deceased, if any by way of representation of such deceased child or children, in equal parts provided that during the minority of said grand children they shall be supplied with all proper necessaries and comforts of life and for such purpose and uses funds out of the bequests made to them may be from time to time applied, if any of my children now living shall pre decease me without issue surviving me the portion of such child dying shall go to his brothers surviving, and to the issue of such as may be deceased by way of representatives of such deceased child or children in equal parts. In case any of my children now living shall die leaving minor children or child surviving me and in the event any such minor child or children should die during minority and without issue surviving the portion or portions of such deceased grand child or grand children respectively shall decend go and be used in like manner as provided above in case of my son William's children. Item 5 - I constitute and appoint James E. Morris of Liberty Indiana executor of this will and in case he declines to serve, I request the Judge having probate jurisdiction in Union county Indiana to appoint some discrete person in his stead. In witness whereof I have hereunto set my hand and seal this 23rd day of May A.D. 1890 A.H. Campbell "Seal" Testator Signed Sealed and acknowledged by said testator Alexander H. Campbell as and for his last will and testament in the sight and presence of us who at his request and in his sight and presence and in the sight and presence of each other have hereunto subscribed our names as attesting witnesses this 23 day of May 1890 J.A. Bertch L.H. Stanford Witnesses CODICIL TO ANNEXED WILL Whereas I Alexander H. Campbell on the 23rd day of May 1890 made my last will and testament of that day. I do hereby declare the following to be a codicil to the same. I do hereby revoke the bequest made to my grand children Walter Campbell and Harriet Campbell in said will and in lieu thereof I make the following bequest. I give and bequeath my said grand children, Walter and Harriet Campbell and to Dora F. Campbell their mother, each and equal one fifteenth (1/15) part of the proceeds of my estate subject to distribution said grand children and their mother by this bequest to stand in the distribution of my estate in the place of William Campbell my deceased son, and they shall take in equal parts his representative equal one fifth (1/5) share of my estate subject to advancements as and in the manner specified in said will. Except as hereby attested and modified I reaffirm all and singular the bequests contained in said will. Witness my hand and seal this 16th day of August 1892 A.H. Campbell "Seal" Signed sealed and acknowledged by said testator A.H. Campbell as and for a codicil to last will and testament in the sight and presence of us who at his request and in his sight and presence and in the sight and presence of each other have hereunto subscribed our names as attesting witnesses this 16th day of August 1892. John A. Bertch L.H. Stanford State of Indiana Union County Be it remembered that on the 18 day of August 1904 J.A. Bertch, one of the subscribing witnesses to the within and foregoing last will and testament of Alexander H. Campbell late of said county deceased, personally appeared before J.C. Smelser clerk of the circuit court of Union 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 13th day of May 1890 he saw the said Alexander H. Campbell sign his name to the said instrument in writing as and for his last will and testament and on the 16 day of August 1892 saw A.H. Campbell sign his name to the codicil of this will and that the deponent at the same time heard the said A.H. Campbell 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 Alexander H. Campbell and with his consent attested and subscribed by the said J.A. Bertch and L.H. Stanford in the presence of said testator and in the presence of each other as subscribing witnesses thereto and that the said Alexander H. Campbell 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 coerscion or restraint as the said deponent verily believes and further deponent says not. A. Bertch "Seal" Sworn to subscribed by the said J.A. Bertch, before me J.C. Smelser Clerk of said court at Liberty the 19th day of August 1904. In attestation whereof I have hereunto subscribed my name and affixed the seal of said court J.C. Smelser Clerk. State of Indiana Union County I, J.C. Smelser clerk of the circuit court of Union county Indiana do hereby certify that the within annexed will and testament of Alexander H. Campbell has been duly admitted to probate and duly proved by the testimony of John A. Bertch, one of the subscribing witnesses thereto. That a complete record of said will and of the testimony of the said John A. Bertch in proof thereof has been by me duly made and recorded in Book D at Page 124 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 Liberty this 19th day of August 1904. J.C. Smelser Clerk Circuit court Union county Linda Hawkins