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Subject: Emma D Gardner Will
Date: Saturday, December 27, 2003
Surnames: Gardner, Stine, Benedict
Last Will and Testament of Emma D Gardner
Ossian Ind. Wells Co. Feb. 7th, 1891
Know all men by these presents; that I, Emma D. Gardner, of the county of Wells in the state of Indiana, being of sound mind and memory do make, ordain, and establish this to be my last will and testament, hereby revoking all others.
I give and bequeath to Jennett Gardner, my daughter, my house and lot, it being lot number twenty (20) in Glass Addition to West Ossian, on condition that she give my husband, Samuel Gardner, a home so long as he shall live, providing that he shall pay a reasonable compensation for the same.
In testimony whereof, I have hereunto set my hand and affixed my seal, this seventh day of February, AD 1891.
Emma D. Gardner (seal)
At request of Emma D. Gardner, who in our presence signed and sealed the forgoing instrument, and in her presence, and in the presence of each other, we subscribe our names as witneses herto.
H.O. Stine, Wells County, State of Indiana
Nancy Benedict, Wells County, State of Indiana
State of Indiana
Be it remembered that on the 17th day of February 1891, Henry O. Stine, one of the subscribing witnesses to the within and forgoing last Will and Testament of Emma D. Gardner, late of said county, deceased, personally appeared before Albert Oppenheimer, Clerk of the Circuit Court of Wells County, in the state of Indiana; and being sworn by the Clerk of said county, upon his oath, declared and testified as follows, that is to say:- That on the 7th day of February, 1891, he saw the said Emma D. Gardner, sign her name to said instrument in writing as and for her last Will and Testament, and that this deponent, at the same time, heard the said Emma D. Gardner declare the said instrument in writing to be her last Will and Testament, and that the said instrument in writing was at the same time at the request of the said Emma D. Gardner and with her consent attested and subscribed by the said Henry O. Stine and Nancy Benedict, in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said Emma D. Gardner was, at the time of 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 concern or restraint, as the said deponent verily believes, and further deponent says not.
Henry O. Stine
Sworn to and subscribed by the said Henry O. Stine before me, A Oppenheim, Clerk of said Court at Bluffton, the 17th day of February, 1891.
A. Oppenheim, Clerk
In attestation whereof. I have hereunto subscribed my name, and affirmed the seal of said court.
State of Indiana
I, Albert Oppenheim, Clerk of the Circuit Court of Wells County, Indiana, do hereby certify that within annexed Will and Testament of Emma D. Gardner, has been duly admitted to probate, and duly proved by the testimony of Henry O. Stine, one of the subscribing witnesses thereto, that a complete record of said Will and of the testimony of the said Henry O. Stine in proof thereof, has been by me duly made and recorded in book 3, at pages 376 and 377 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 Bluffton, the 17th day of February, 1891.
Clerk Circuit Court Wells County.