George W. Small

Last Will and Testament

In the name of the benevolent father of all, I George W. Small, being of sound mind and disposing memory and in good health, but calling to mind the frailties and uncertainties of life, and being desirous of disposing of my worldly goods while I have the strength and capacity to do so do hereby make, publish and declare this my last will and testament hereby revoking and making null and void all other last wills heretofore by me made.

First. I desire my body to be given a Christian burial along side of that of my deceased wife in the cemetery located on my home farm.

Item I. To my son, Thomas J. Small, I do hereby give, will, devise and bequeath in fee simple the following described real estate in Warrick County Indiana, to wit: the south half of the Northeast quarter of the Southwest quarter and five (5) acres off of the East end of the south half of the Northwest quarter of the Southwest Quarter, both in Section Four (4), township six (6) South in Range Seven (7) West, subject to the payment of Fifty (50) dollars hereinafter willed to my daughter, Hettie, and also subject to the payment of a mortgage on said real estate securing a note given by me to Rose J. Bullivant.

Item 2. To my daughter, Hettie M. Small, I do hereby give, will, devise and bequeath in fee simple the following described real estate in Warrick county, Indiana, to-wit: all that part of the North half of the Northeast quarter of the Southwest quarter and the Southeast quarter of the Northwest quarter lying South of the center of Otter Creek, being in Boone Township. I also give to my said daughter, Hettie, the sum of Two hundred and twenty-five (225) dollars payable to her by my sons as herein set forth said land being in Section Four (4) TOWNSHIP SIX (6) South in Range Seven (7) West.

Item 3. To my son, Allen F. Small, I do hereby give, will, devise and bequeath in fee simple the following described real estate in Warrick county in the state of Indiana, to-wit: all that part of the Southeast quarter of the Northwest quarter lying North of the center of Otter creek in Section Four (4) Township six (6) South in Range Seven (7) West in Skelton township, subject to the payment of fifty (50) dollars of the amount will above to my daughter Hettie.

Item 4. To my sons Harvey L. Small and Henry B. Small I do hereby give, will, devise and bequeath in fee simple the following described real estate in Warrick county, Indiana, to-wit: the southwest quarter of the Northwest quarter of Section Five (5) township six (6) South in Range seven (7) West; also fifteen (15) acres lying in the Southeast corner of the Southeast quarter of the Northeast quarter of Section Six (6) township Six (6) South in Range seven (7) West, being bounded on the North and East by a public highway, the East line of which is the East line of said quarter quarter section, the South line bounding said tract being the South line of said Quarter Quarter section, the West line of said fifteen acres being far enough West from the East line to include fifteen acres in said tract, subject to the payment to my daughter Hettie of One Hundred and twenty-five (125) dollars.

Item 5. To my sons Harvey L. Small and Henry B. Small I do hereby give, will, devise and bequeath all of the moneys, notes, personal property, and chooses in action of which I shall die seized, they to pay all of my just debts and funeral expenses.

Item 6. The amounts above willed to my daughter, Hettie, to be paid by Thomas J. Small, Allen F. Small, Harvey L. Small and Henry B. Small I hereby make a charge on the real estate willed to each of them.

I do hereby constitute and appoint my sons Harvey L. Small and Henry B. Small executors of this my last will and testament.

In witness hereof I hereunto set my hand this 25th day of May, 1907

George W. Small

Signed, sealed and acknowledged by George W. Small as his last will and testament in our presence, and signed by us as subscribing witnesses hereto in his presence and in the presence of each other, said will being written on two separate sheets of paper which are pinned together this 25th day of May 1907.

C W Armstrong
R S Moore


State of Indiana
County of Warrick
In re probate of will of George W. Small deceased
Robert D. O. Moore being first duly sworn in his oath deposes and says that he has carefully examined the instrument of writing purporting to be the last will and testament of George W. Small deceased late of said county, bearing date May 25th 1907 and this day produced for probate in the Warrick Circuit Court: that he was acquainted with C. W. Armstrong and R. S. Moore who appear to be subscribing witnesses thereto and that they were both competent at the date of attesting the same so to do and that said subscribing witnesses to his personal knowledge are both dead. This deponent further says that he was well acquainted with the hand writing of said subscribing witnesses and that the signatures are true and genuine; that at the date aforesaid when said instrument appears to have been executed said testator was over the age of 21 years (bottom of page missing.)

State of Indiana, Warrick County SS:
Before me, R. D. O. Morse a notary public personally came H. D. Small and being duly sworn on oath says that he was acquainted with George W. Small, deceased on 25 day of May 1907 at the time when the annexed will is alleged to have been executed as the last will and testament of George W. Small , that at said time said testator was of full age to devise his property, of sound mind and memory and not under any coercion or restraint; that said testator has repeatedly told the affiant that the annexed will attested by Charles W. Armstrong and R. S. More, was his last will and testament; that the said George W. Small requested Charles W. Armstrong and R. S. Moore to sign said will as witnesses thereto, which they accordingly did in the presence of said teste and in the presence of each other as subscribing witnesses thereto. That the affiant is acquainted with the signature of George W. Small, deceased, and that the signature attached and subscribed to the will attached hereto, is the genuine signature of the said George W. Small.

Henry B. Small

Subscribed and sworn to before me this 6th day of Dec 1916.
RDO Moore
Notary public

Ex Jay 28 1919