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Reading the Will of Henry A. Weber, my great grandfather, I was struck by the personality and family culture that it represents. On March 10, 1931, about seven years before his death, he signed his Last Will and Testament explaining specifically how he wished for his property and possessions to be distributed among his eleven children. He even included an explanation for why he was making those distributions.
As I transcribed all the details, I began relating to various family stories that could be connected and embellished. For instance, the intricate care taken to outline provisions for his daughter, Ida T. Cordell, and her children. While bequeathing his property and possessions to various children, Henry makes provisions for the Cordells to “use and occupy such property as and for their home.” The reasons are not outlined in these legal documents, but we know that Ida’s husband came into undesirable criminal circumstances, leaving them to fend for themselves. I mention this one piece to note that the Weber family seems to have pulled together to support their daughter/sister and continued to do so for many years. The will contains this and other interesting details, mentioning all of the Weber children in one way or another. Among the provisions in his will, were masses to be said for his children who may be dead at the time and for his parents and brother, Theodore. To me, the wording of the will points out the efficient, thorough and caring manner of Henry A. Weber.
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Last Will and Testament of Henry A. Weber; Signed 10 March 1931 and
Probated in open court 9 Feb 1939;
Smiley N. Chambers,
Judge of the Probate Court, Marion County, Indianapolis IN
Will Book AAA, pgs. 90, 91, 92
(Click on documents to enlarge. Transcription below.)
LAST WILL AND TESTAMENT OF HENRY A. WEBER
I, Henry A. Weber, of the City of Indianapolis, County of Marion and State of Indiana, being of sound and disposing mind and memory, and being now desirous of making a disposition of my estate to take effect after my death, do now make, establish, publish and declare the following as my last will and testament:
ITEM I
I give and bequeath all of my household goods, furniture and furnishing, also all of myjewelry and wearing apparel, now belonging to me and/or which may belong to me at the time of my death, and located in my home known as 533 S. Alabama Street, in the City of Indianapolis, Indiana, to my following children:
Ida T. Cordell, Walter M. Weber, Lillian E. Weber, Catherine Weber and Alberta C. Weber, to be theirs absolutely and forever, share and share alike.
ITEM II
I direct that the Executor hereof shall, as soon as practicable after my death, cause all of my debts and liabilities of my estate, including the cost and expense of my last illness, funeral and cost of administration upon my estate to be paid out of such estate of which I may die seized, other than the personal property bequeathed in Item I hereof.
ITEM III
I direct, that after my death, masses shall be said for the repose of the soul of my deceased wife, the souls of any of my children who are dead at the time of my death and my soul, and that the sum of Two Hundred ($200.00) Dollars shall be expended for such purpose. I also direct that the sum of Fifty ($50.00) Dollars shall be expended for the repose of the souls of my deceased father, mother and my brother, Theodore. I direct that the executor hereof shall make all necessary arrangements for the saying of such masses and shall expend said sums for such purpose.
ITEM IV
My legal heirs at this time are my following children, in addition to those names in Item I hereof, to- wit:
Harry L. Weber, May S. Lieland, Edith M. Ditlinger, William J. Weber, Clarence G. Weber and Herbert L. Weber,
for whom I have as much love and regard as I have for any of my children, notwithstanding that I have made no specific devise or bequest in their favor, and my reason for making the specific devise and bequest in favor of my children names in Items I and VI hereof, is that my children named in said items live with me and have assisted me in maintaining my home since the death of my wife.
ITEM V
All of the res and residue of my personal estate remaining, I give and bequeath to my following children, to-wit:
Walter M. Weber, Lillian E. Weber, Catherine Weber, Alberta C. Weber and Ida T. Cordell
share and share alike.
ITEM VI
I give and devise my real estate known as Lot Numbered Two (2) in Kasberg's Subdivision of Out Lot numbered 22, in the City of Indianapolis, Marion County, Indiana, except 5 feet off of
the East end of said lot,
to my children, Walter M. Weber, Lillian E. Weber, Catherine Weber and Alberta C. Weber, share and share alike, however, my said daughter, Ida T. Cordell, together with her children, shall be entitled to occupy said premises in conjunction with my children in this Item named, as and for her home so long as my said children to whom said real estate is herein devised do not sell and dispose of the same, and upon sale of said real estate by them, then the right in my said daughter, said Ida T. Cordell, and her children, to use and occupy said premises, shall cease and forever be at an end.
It is my desire than, in the event my said children, Walter M. Weber, Lillian E. Weber, Catherine Weber and Alberta C. Weber, dispose of said property that they will invest the proceeds realized by them therefrom in other dwelling property, and that in the event they do make such investment of such proceeds, that they will permit my said daughter, Ida T. Cordell, and her children, to use and occupy such property as and for their home.
ITEM VII
All of the rest and residue of my estate remaining, and which is not herein particularly devised and bequeathed, I give, grant, devise and bequeath to my children, Ida T. Cordell, Walter M. Weber, Lillian E. Weber, Catherine Weber, Alberta C. Weber, Harry L. Weber, May S. Lieland, Edith M. Ditlinger, William J. Weber, Clarence G. Weber and Herbert L. Weber, share and share alike.
ITEM VIII
I hereby nominate and appoint my said son, Harry L. Weber, as Executor hereof, and I hereby revoke and declare, as null and void, all other wills made by me heretofore.
IN WITNESS WHEREOF, I have hereunto subscribed my name in the presence of Jacob Buennagel and L. D. Buenting, whom I have requested to act as witnesses to this will, and in whose presence I have declared the above and foregoing instrument, written upon this and the preceding three pages hereof, and consisting of eight items, as and for my last will and testament, and I have also subscribed my name on each of the preceding pages hereof, this 10
th day of March, 1931.
Henry A. Weber
We, the undersigned, hereby certify that the above and foregoing instrument, was, on the
10th day of March, 1931, signed by said Henry A. Weber, in our presence, and was by him declared to be his last will and testament, and that, we at his request, in his presence and in the presence of each other, have signed the same as witnesses.
Jacob Buennagel
L. D. Buenting
AFFIDAVIT OF DEATH
State of Indiana, Marion County, SCT:
E. C. McKinney being duly sworn, on oath says that Henry A. Weber departed this life on or about the 10 day of December 1938 and at the time of his death was a resident of said County and State.
Subscribed and sworn to before me this
9 day of February A. D. 1939
(SEAL) Charles R. Ettinger, Clerk
PROOF OF WILL
Before the Clerk of the Probate Court of the County of Marion, in the State of Indiana, personally came Jacob Buennagel, one of the subscribing witnesses to the foregoing Instrument of writing who being by me first duly sworn, upon oath deposes and says that Henry A. Weber the testator named in the Instrument of writing purporting to be his LAST WILL AND TESTAMENT, did sign, seal, publish and declare the same to be his last will and testament, on the day of the date thereof; that the said testator was at the same time of the full age of twenty-one years, and of sound and disposing mind and memory, and that he was under no coercion, compulsion or restraint and that he was competent to devise his property. And that the said testator signed, sealed, published and declared the same to be his last will and testament, in manner and form as aforesaid, in the presence of affiant and of L. D. Buenting the other subscribing witness thereto and that each attested the same, and subscribed their names as witnesses thereto, in the presence and at the request of said testator, and in the presence of each other.
Jacob Buennagel
Subscribed to and sworn to before me, in witness of which, I hereunto affix the seal of
said Court, and subscribe my name at Indianapolis the
9 day of February, A. D., 1939
Charles R. Ettinger, Clerk
CERTIFICATE OF PROBATE
STATE OF INDIANA, MARION COUNTY, SS:
Charles R. Ettinger, Clerk of the Probate Court of the County of Marion, in the State of Indiana, do hereby certify that the foregoing last will and testament of Henry A. Weber has been duly admitted for probate before the Judge.
That the same was proven by the examination, under each, of Jacob Buennagel the subscribing witness thereto, and that a full and complete record of the said will, and of the proof and examination of the witness by whom the same was proven, has been made and is now of record in the Will Records of said County.
In Testimony whereof, I have hereunto affixed the seal of the said Court, and subscribed my name, at Indianapolis, this 9 day of February A. D., 1939
Charles R. Ettinger
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Final Will Settlement; Records of the Marion County Probate Court, Indianapolis, Indiana:
-- Estate of Henry A. Weber, deceased, Docket 115, Order Book 190, pg 623, 14 March 1940
---General Entry, Claim and Allowance Docket, Marion County Probate Ct., 1939-1940.
GENERAL ENTRY, CLAIM AND ALLOWANCE DOCKET
Marion County Probate Court, Docket 115, pg. 40981
Name of Estate: Henry A. Weber
Administrator: Fletcher Trust Co.
Date of Letters: Feb 9, 1939
Date of Death: Dec 10, 1938
1939, Feb 9: Will probated in open court, order book 186, page 17; Probate $ 5.00
Oath filed, Administrator, order book 185, page 406; 2.00
1939, Feb 27: Notice of Appointment Filed, Last publication, Feb 24, 1939 5.00
1940, Mar 14: Final Report filed; Hearing Apr 13, 1940
1940, Apr 2: Proof of Pub. Final Notice Filed
1940, Apr 13: Final Report Approveed, Estate Closed, Order book 190, pg. 623 6.00
Bond .50
Inventories .50
Proceedings to date, Inheritance Tax 3.00
Final Report 1.00
Paid June 8, 1940 24.00
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IN THE MATTER OF THE ESTATE OF
HENRY A. WEBER, deceased
FLETCHER TRUST COMPANY, administrator
with the Will annexed 115 ---40981
ORDER ON FINAL SETTLEMENT
Comes now Fletcher Trust Company, administrator with the will annexed of the estate of Henry A. Weber, deceased, and submits to the court the account and vouchers by it filed in final settlement thereof on the 14
th day of March 1940, and also files and submits proofs of the posting and publication of notices to the creditors, heirs at law, legatees, devisees and all others interested in said estate of the filing of said account and vouchers and when the same would be heard, which notices and proofs the court on examination holds to be sufficient and that said account and matters in connection therewith are now property before the court for proper action thereon; said account, notices and proofs are in these words (HERE INSERT)
And the court having examined said account and vouchers finds that more than one year has elapsed since the grant of letters of administration upon said estate and the giving of notice thereof; that said administrator with the will annexed has carried out the provisions of testator's will with respect to the saying of masses. And the court now allows the credits claimed by said administrator with the will annexed in its said account, including therein the amount claimed for its own services.
And the court further finds from the statement of said administrator with the Will annexed contained in said account that there remains after administration and of which said testator died seized in fee, the following real estate to-wit:
PARCEL #1 Lot #2 in Kasberg's subdivision of Outlot #22 in the city of Indianapolis Marion County, Indiana, excepting five feet off of the East end of said lot
PARCEL #2 Lot #651 in Knightstown Lake Addition, Wayne Township, Henry County, Indiana. The title to which the court finds is devised under the last will and testament of said Henry A. Weber, deceased; the court further finds that said estate is not subject to the payment of Inheritance tax nor Gross Income Tax.
And the court now in all things approves and confirms said account in final settlement and the acts of said administrator with the will annexed as by it therein reported, and it is further and finally ordered by the court that said administrator with the will annexed be and it now is released and discharged from its trust and that the same be and is adjudged fully administered and determined upon final settlement.
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Overall, the creation, filing, probating and final settlement of the Will of Henry A. Weber took place from March 10, 1931 to April 13, 1940. But the details within these documents touch many life stories over many more years.
Thanks for visiting Indiana Ties,
Nancy
Copyright © 2016, Nancy Niehaus Hurley
