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Christy Will

I found the will for my 3rd great grandfather, Samuel H. St. G. Chirsty, on Ancestry in the database, Indiana, US Wills and Probate Records, 1798-1999.

Page 147 (Image 610 of 884)

Last Will and Testament of Samuel H. St. G. Christy

State of Indiana Tipton County
January 28 1887

I Samuel H. St. G. Christy of the
County of Tipton and the Sate of Indiana
do make this my last will
first 1st I want my wife Mariah Christy
to have the one third of the rents and profits
of my farm so long as she may live
I want my sons to attend the farm they
consist of Ebenezer, Samuel M George and
William H Christy they to share the two
thirds of the Profits Equally between
themselves
2nd At the Death of my wife Mariah I
want the farm and all moneys I may be
possessed of equally divided among my children
3rd I want my sons to pay my debts
From the property I now possess
4” After my debts are paid I want the rema
inder of my property to remain on the farm
and be controlled by my sons

Samuel H. St. G Christy

Witness
A C Littleton
John C. Amos

Proof of will
Over on next page

See page 149 for renunciation of will
By Widow

Page 148
Proof of Will
State of Indiana Tipton County SS
Be it remembered that on the 30” day of
March 1904 A C Littleton one of the
Subscribing witnesses to the within and fore
Going last will and testament of Samuel
H. St. G. Christy late of said county deceased
Personally appeared before D H Kemp clerk of the
Circuit court of Tipton county in the state
of Indiana and being duly sworn by the
clerk of said court upon his oath declared
and testified as follows that she say that
on the 28” day of January 18887 he saw the
said Samuel H St G Christy sign his name to
said instrument in writing in and for his
last will and testament and that this deponent
at the same time heard the said Samuel H St G
Christy declare the said instrument in writing
to be his last will and testament and that the
said instrument in writing was at the same
time at the request of said Samuel H St. G.
Christy and with his consent attested and
subscribed by the said A C Littleton and
John C Amos in the presence of said testator and
in the presence of each other as subscribing
witnesses thereto and that the said Samuel
H St. G Christy was at the time of the 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 coercion or restraint as the said deponent
verily believes and further deponent says not
A C Littleton
Sworn to and subscribed by the said A C Littleton
before me D H Kemp Clerk of said court at Tipton
Indiana the 30” day of March 1904
D H Kemp Clerk

In attestation whereof I have hereunto subscribed
my name and affixed the seal of said court
D H Kemp Clerk

Page 149
The State of Indiana Tipton County SS
I D H Kemp Clerk of the circuit court of
Tipton County Indiana do hereby certify that
the within annexed will and testament of
Samuel H. St. G. Christy has been duly admitted
to probate and duly proved by the testa-
money of A C Littleton one of the subscribing
witnesses thereto that a complete record of
said will and the testimony of the said
A C Littleton in proof thereof has been
by me duly made and recorded in Book 3
at page (147) (148 149) 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 Tipton this 30” day of
March 1904
D H Kemp
Clerk Circuit Court of Tipton

Indiana, Wills and Probate Records, 1789-1999, Samuel H. St. G. Christy, 1887; database with images, Ancestry.com (www.ancestry.com : viewed online 14 December 2021).

Then, in November 1904, Samuel Christy’s widow renounces the will.

Renunciation of Will by widow
State of Indiana Tipton County SS In the matter of
the estate of Samuel St G Christy deceased
comes now Mariah Christy and being duly sworn
says that she is the widow of the said Samuel St. G
Christy and being a subsequent childless wife
That she has this day been informed that there has been
probated an alleged will of the decedent that she was never
informed that said alleged will had been probated by the
administrators Samuel m Christy or any other person until
this date That she now renounces the said will and
all provisions therein made in favor of her the said
Mariah Christy and that she hereby demands
all her rights under the law as such to her
interest in her deceased husband’s estate
Mariah Christy
Subscribed and sworn to before me this
the 23rd day of November 1904
David McMath
My term exp Oct 15 1908

The fact that a widow might ‘renounce’ a will was new to me. When I searched The Genealogy Squad group on Facebook, I found a comment that explained the process. According to this comment, by renouncing the will, Mariah Christy was choosing to take her “Spousal Elective Share”

Searching Google to find out how Indiana defines a spouse’s elective share resulted in a page that defines elective share:

  • Limited to 50 percent share
  • Lower if spouse previously married and you did not have children with deceased spouse
  • Limited to 1/3 if spouse previously married and surviving spouse did not have children with deceased spouse
  • Limited to 1/4 if spouse previously married and one did not have children with deceased spouse and children survive from deceased spouse’s previous marriage

I don’t know what the elective share was in 1904. However, if the above definitions were in place then I’m not sure what Mariah Christy was hoping to gain by renouncing the will.

  • Mariah was Samuel’s 3rd wife
  • Mariah and Samuel did not have children
  • Several children survived from Samuel’s previous two marriages
  • Samuel’s will provided for Mariah to receive 1/3 of the rents and profits

To figure out what happened to this will after Mariah’s renunciation, I will likely need to access court, land and/or probate records for Tipton County, Indiana. I might be able to access the Probate records at a family history center. However, a trip to Tipton county will be required to study the land records.