The Columbia herald. [volume] (Columbia, Tenn.) 1850-1873, 1870-10-28

the 1Oil0W1Dg Will, winch ne uepOSlteu
in the First NationalE Bank, with a re-
quest in writing that the same should
be delivered forthwith after his death
to the clerk of the Common Pleas Court \
of Marion county. 1t will be seen that
the two eldest sons of Mr.. s., by the
second wife (Alphonse and Carly are
not mentioned in the will.
l., Gustavus Schurmann, hereby re-
voking and any and every will and tes- |
timent by me heretofore made, demake
this my last willard testament, as fol-
lows: ar .toss- zr.rT
1. 1t is my will that after my death
all my just debts be paid, viz: The
debts which / shall owe in the King
dom of Prussia, i'm Germany, to be paid
out of the property which at the time of
my death 1 shall own in said kingdom,
and the debts which I may then owe
elsewhere, and my funeral expenses,
to be paid out of the property which l
shall then own in North America. la|
.. l give and devise to son Gustavc
and my daughter Fanny SchurMann,
children Of my first wife, Amelia, all
property, real, personal and Mixed
that shall belong to me in Prussia at
the time of my death, to be equally di-s
vided between them, subject to any
debt or debts l shall then owe in Prus-
sia.
3. | give and devise to my daughter
Emma, and my sons Edward and Hen
ry Schurmann, the three Youngest
children of nay second wife, Gathanne,
all property, real PERSONAL and mixed,
that shall belong to me, excepting in
Prussia, at tibet of my death, to be
equally divided between them, subject
to any and ali debts ofmine, excepting
what I shall owe in Prussia, and sub
ject to my funeral expenses.
4. In case Glstave or Fanny should
die without lawful Issue before I die,
| then the survivor of them shall have
what is herein willed to the two; but
when one or both of them die leaving
lawful issue, then what herein is willed
to them, respectively, shall 60 to his,
her, or their-IawfuI issue, respectively,
that is to say, said issue shall inherit
per stripes the property herein willed
to the parents Of said issue.
s. In the cas of one of my said three
Youngest children should die without
lawful issue before / die, then the pro-
| perty herein willed to said three young
est children shah go the tho Survivors
Of them and be equally diyidddbetween
them. In the case two OF my said
three youngest children should die
without lawful issue before l die, then
the survivor of them shall have all that
is herein wiIled to the said three young
est children. But when one, two or all
of said three youngest children die be-
fore / die, and one, two or all OF them
so die and leave lawful issue, then that
which is herein willed to them respect
lively, shall go to his, her OF their lawful
heir respectively, that is to say said is
sue shall inherit, per stripes, the pro-
perty herein willed to the parent ofsaid
issue. ..sy
This will, drawn in triplicate, is my
own handwriting. -
Witness my hand and seal, at Indian
apolis,' Indiana, this August q, 1869.
IL. s.. GUsTAvUS SCHURMAN.
Signed, sealed, published, and de-
clared by the abOve-named Gustavus
Schurmann as and for his last will and
testament, in the presence of us, who,
at the request of the said Gustavus
Schurmann, in his presence and in the
presence of each other, lave subscribed
our names to said will, in triplicate, as
witnesses, this August q, 1862
.''..... w. H. ENGLISH,
w. p. WATSON,
n. S. GREEN,
H. BATES, JR.
THE CONTEST.
G.. L. Schurmann filed the following
notice with the clerk, through his at
torney, Hon.. J. w. Gordon:
State of Indiana, Marion county, ss.
In the Court of Common Pleas of
Marion county term of September, in
the year 1870. D.
In the matter of the probate of the
supposed last will and testament of
Gustavus Schurmann, deceased.
Gustavus f. Schurmann and Amelia
Schurmann, the former of whom is one
of the legal heirs of the said Gustavus
Schurmann, deceased, and a devisee
under the supposed last will and tesla
ment of the said deceased, and the lat
ter of whom is a widow of said deceas-
ed, come and give notice that they in
tend to contest the validity OF said will,
and resist the admission to probate, for
the following reasons, to-wit:
|. That Gustavus Schurmann, the
supposed testator of said supposed will,
was not of sound mind and memory
when the same was executed, tO-wit on
the Dist of Augusta 1863, -
=. That the said supposed will is not
the will of said Gus'avus Schurmann,
deceased, because the same is, and al
ways has been, unduly executed, and
is void by reason of the undue 'eXecu-
ton thereof.
3. The said supposed last will ,and
testament is not the last will and tes-
lament of Gustavus Schurmann, de-
ceased, because the same was procured
by the fraud and undue influence OF
certain of the beneficiaries, devisees
and lcgatees of said will, and of their
mother, the late Catharine Bengels,
who, up to the time of his death, exer-
cised greIt and controlling influence
over the said Gustavus Schurmann,
deceased, and whose children remained
with him and continued said influence
over him to the time of his death.
Wherefore they pray that probate Of
ued and withheld until the cause of the
%invalidity of said will may be fully in
vestigated, and parties interested i'm the
; estate may be duly brought before the
) court for the purpose of defending and
l piottCllhS lIcu ilSutS III Vic Sduut.
l They expressly say that the request
is not made for veXation or delay mere.
ly, but that justice may be done in the
premises. And they further say that
one William H. English, n witness tc
f said Gustavus Schurmann, deceased
went before the clerk of said court or
the 9Th day of October, 1870, but not il
1 open court, and made oath to the exc
1 cution of said will and the sanity ofsait
~testator before said clerk, but not in
, open court; and he says that said clerk
, and English undertook to make pro.
. bate of the said supposed will, but uoI
e in open court, or before the judge o
said court; and they say as the same
was done i'm term-time and was MOI
done in open court, said oath and at
. tempt to probate said will is wholly
without authority of law and void.
[Signed.l G. +. SHURMANN,
a. SCHURMANN.
Subscribed and sworn to.
= INTEREST.
John G. New has been appointed adj
, ministrator and w. III. English guar