Pleas before the Hon. Edmund O’Rourke, Judge of the Thirty-Eighth Judicial Circuit, of the State of Indiana, at a regular term of the Allen Circuit Court, held at the Court House in the City of Fort Wayne, County of Allen, and State of Indiana, commencing on Monday, the 15 day of April AD 1889, to wit:

In re Estate
Martha A. Merriwether

Be it remembered that on the 17 day of April A.D. 1889 the same being the Third Judicial day of the April Term, 1889 of said court, held at said Court House, before the Honorable Judge aforesaid, the following proceedings were had in the above entitled cause by said court.

To wit:
Come now F. P. Randall and present to the Court, with a codicil thereto bearing date January 23, 1889 an instrument in writing bearing the date January 30, 1886, purporting to be the last will and testament and codicil thereto of Martha A. Meriwether, deceased, and being duly sworn, on oath say that said testatrix at the time of executing  said will and said codicil was of full age to devise real estate, and of sound mind, memory and understanding, and was not under coercion or restraint; that said, will and the codicil thereto were duly executed by said testatrix and by her declared to be his last will and testament and the codicil thereto in his presence and that he saw the said testatrix affix her signature to the said will, and that he signed the said will as witness thereto, a the request of said testatrix in her presence and in the presence of Mary M. Randall and Eliza A. Read, the other subscribing witnesses.

Wherefore it is ordered that said will be admitted to probate as the last will and testament and codicil thereto of Martha A. Meriwether, deceased, and that the same be recorded in Record of Wills of said county.

Which said will and the certificate of probate endorsed thereon is in there words.

In the name of God, Amen, I Martha A. Meriwether of the city of Jeffersonville, Indiana, being of sound mind and disposing memory, do make and publish and declare this my last will and testament hereby expressly revoking all other wills by me heretofore made.

First: It is my will that all of my just debts of every kind and description including the expenses of my last sickness and funeral expenses be first paid out of my estate.

Second: I give devise and bequeath to my namesake, Agnes Fairbank, the daughter of my niece Carrie Fairbank of the City of Fort Wayne Indiana the sum of one thousand dollars in money to be paid by the Executors of this will to her, after the payment of the debts and expenses herein before named , as soon as the same can be realized out of my personal estate.

Third: I give, devise and bequeath all of the remainder of my said estate whether real or personal or mixed wheresoever situated whereof I die seized or possessed to my beloved son James R. Meriwether and to Clark Fairbank of the City of Fort Wayne, Ind.  My said son James R. Meriwether to have and take under this will the undivided two thirds (2/3) part of all of my said estate as of aforesaid to have and to hold the same unto himself his heirs and assigns forever. And the said Clark Fairbank to have and take under this will the undivided one-third (1/3) part of all of my said estate as aforesaid, to have and to hold upon the uses and trusts following to wit:

To pay all taxes, assessments and costs with which the same may become chargeable out of the income, revenue and profits thereof, and to pay the balance of said income revenue and profits over to my son Frank Meriwether annually or quarter annually as the said Fairbank may deem most advisable, for his support and maintenance. Upon the death of my said son, Frank, if he shall leave surviving him lawful issue, then the said Fairbank shall pay over and transfer and deliver all of said estate and property in his hands to such issue; but in the event of his death without lawful issue alive surviving him, then and in that event the said Fairbanks, shall pay over transfer and deliver all of said estate and property in his hands to my son James R. Meriwether to have and to hold unto himself his heirs and assigns forever. And I hereby give to my said trustee  full power to sell any or all of the lands under the provisions of this will either as public or private sale without notice as required by law and to reinvest the proceeds as he may deem right and proper for the best interests of my said son.

Fourth: I hereby nominate constitute and appoint my said son James R. Meriwether and my said trustee Clark Fairbank executors of this my last will and testament.

In witness whereof I have hereunto subscribed my name this 30^th day of January 1886.

 
                                                                                M. A. Meriwether (seal)

 
Signed and acknowledged by said Martha A. Meriwether as her last will and testament in our presence and signed by us in her presence.

                                                                                P. P. Randall (seal)

                                                                                Mary M. Randall (seal)

I, Martha A. Meriwether, of the City of Fort Wayne Indiana being of sound mind and desposing memory do make and publish the following codicil to my last will and testament which will was made by me at the City of Fort Wayne Indiana on the 30^th day of January AD 1886 and signed by me in the presence of F. P. Randall and Mary M. Randall who signed said will in my presence as witness to the same.

First: I give devise and bequeath to my son James R. Meriwether all of my articles of virtu, jewelry, ornaments, bric-a-brac, bronzes and furniture excepting the two bronze in the library of the residence of F. P. Randall in the city of Fort Wayne which bronze I hereby give and bequeath to my sister Mary J. Randall.

Second: I give bequeath and devise to my sister Mary J. Randall the sum of Five hundred dollars in money to be paid to her by my executors out of my estate and all of my wearing apparel including all of my clothing of every description.

Third: I give decree and bequeath to my niece Carrie R. Fairbank the sum of Two hundred dollars in money to be paid to her by my executors out of my estate.

Fourth: I give decree devise and bequeath to my niece Mary M. Randall the sum of one hundred dollars.

Fifth: I give devise and bequeath to my niece and namesake Maria Agnes Read daughter of my brother John F. Read the sum of one hundred dollars to be paid by my executors to her in person without the _____ of a guardian or other form of law.

Sixth: I give devise and bequeath to the trustee of St.  Paul’s Protestant Episcopal Church of Jeffersonville, Indiana the sum of one hundred dollars in money to be paid by executors out of my estate.

Seventh: I give devise and bequeath to the poor of the City of Fort Wayne Indiana the sum of one hundred dollars in money to be paid by executors out of my estate in such manner as they may deem most advisable.

Eighth: It is my will that all of the balance of my estate shall be disposed of in the manner provided to my last will and testament of which the above and foregoing is a codicil.

In witness whereof I have hereunto set my hand and seal this 23^rd day of January 1889.

 
                                                                                                Martha A. Meriwether (seal)

Signed and acknowledged by said Martha A. Meriwether as a codicil to her last will and testament in our presence and signed by us in her presence.                                    

Eliza A. Read (seal)

F. P. Randall (seal)

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