Contributed by: Marjorie Johnson Kientz
I, Jacob Johnson of Wells County, Indiana being of sound mind and disposing
memory, make and declare this, my last will and testament, hereby revoking
any and all wills by me heretofore made as follows to-wit:
Item I
I hereby give and devise to my wife, Flora M. Johnson, in addition
to the provisions made for her in an ante-nuptial agreement executed between
us August 5th 1904, all of household goods, live stock, poultry, grain,
and all personal property of every kind which I may own at the time of
my death, without diminution and without the same being subject of the
payment of any debts, expenses or charges whatsoever.
Item 2
I give, devise and bequeath to my children John A. Johnson, Isaac A.
Johnson, Susanna F. McConkey, Rebecca A. Crow and Joannah E. Pequignot,
all the real estate of which I may die seized in equal shares subject to
a charge of $500.00 in favor of my wife, Flora M. Johnson, which is mentioned
and provided for in the ante-nuptial agreement referred to in Item I and
subject to a charge of $100.00 in favor of each of my sons, Charles W.
Johnson, and Henry S. Johnson as hereafter provided, and subject also to
the payment of whatever debts I may owe at the time of my death and the
expenses of my last sickness and funeral expenses and a charge of $150.00
as hereafter provided for the funeral expenses of my said wife, Flora M.
Johnson.
Item 3
I hereby give and bequeath to my sons, Charles M. Johnson and Henry
S. Johnson the sum of one Hundred ($100.00) Dollars each which shall be
the full amount to which they are entitled from my estate and the same
shall be paid to them out of any real estate that I may own at the time
of my death.
Item 4
It is my will that whatever debts I may owe at my death the expenses
of my last sickness and my funeral expenses shall be a charge upon and
shall be paid out real estate that I may own at the time of my death
and that there shall also be set aside from said real estate the sum of
One Hundred Fifty ($150.00) Dollars which shall be deposited and kept as
a fund to defray the funeral expenses of my wife Flora M. Johnson in case
she survives me.
Item 5
In case either of my said children to whom I have devised my real estate
should die before I do the interest of said child shall descend to his
or her children then living in equal portions.
Item 6
If the persons who acquire my real estate by virtue of this will desire
to retain the same and to prevent its being sold by my executor for the
payment of the charges which are made against such real estate herein,
it is my will that they be permitted to do so by each paying his or her
portion of said charges so made against my real estate and upon payment
of all such charges within one year after my death, they shall take said
real estate as herein provided - free from such charges.
Item 7
It is my will that at my death I be buried in the cemetery lot now
owned by me at Uniontown Cemetery and that my wife, Flora M. Johnson shall
also be buried on said lot at her death if she so desires.
Item 8
It is my will that if any of my children should after my death contest
this will or any of its provisions and institute legal proceedings either
to contest the same or against any of their brothers or sisters on account
of my estate, that such child so contesting or commencing such legal proceedings
shall forfeit whatever may have been devised or bequeathed to him or her
under the terms of this will and shall have and receive from my estate
the sum of Twenty Five ($25) Dollars only.
Item 9
I hereby nominate and appoint William Schoonover as the executor
of this…..
In witness whereof I have here unto affixed my signature this
16th day of May, 1906.
Jacob Johnson (his mark)
Witnesses, M. M. Justus, W. H. Eickhorn
Admitted to Probate in open Court, Feby. 20, 1911
Codicil
I, Jacob Johnson, of Wells County, Indiana, hereby make and declare
the following Codicil to my will heretofore made, dated the 16th of May,
1906, witnessed by M.M. Justus and W. H. Eickhorn as follows:
1. In lieu of item 2 contained in said will, I desire to substitute
the following provisions. I give, devise and bequeath to John A. Johnson,
Isaac A. Johnson, Susannah F. McConkey, Rebecca A. Crow, Joannah E. Piquegnot,
Charles W. Johnson and Henry S. Johnson, all the real estate of which I
may die seized in equal shares subject to a charge of $500.00 in favor
of my wife, Flora M. Johnson which is mentioned and provided in the ante-nuptial
agreement and referred to in Item I, and subject also to whatever debts
I may owe at the time of my death and the expenses of my last sickness
and funeral, and the charge of $150.00 as hereafter provided for the funeral
expenses of my said wife Flora M. Johnson.
2. 2. I hereby cancel, revoke and annul Item 3 of said will as executed
by me.
3. In all other respects than those above indicated I hereby confirm
said will.
Witness my hand and seal this 2nd day of May, 1908.
Jacob Johnson (his mark)
Witnesses, W. H. Eickhorn, E. C. Vaughn
Admitted to probate in open Court Feby. 20, 1911
Back to Wells County "Good Stuff"