182 Ind. 549 | Ind. | 1914
William Stieglitz departed this life, testate, on February 7,1912, leaving both real and personal property in Lake County, Indiana. His widow, Mildred B. Stieglitz, was the sole and only heir at law. His last will, bearing date of February 5, 1912, was, by order of court, duly probated
“I, William Stiglitz, of this city of Hammond, Indiana, do hereby make this my last will and testament. Item I. I give and bequeath to my beloved wife Millie Stiglitz all the Real Estate I may die seized except the real estate at No. 70 and 72 Plummer Avenue Hammond Indiana. Item II. I give and bequeath to my beloved sisters and brothers, viz. Mrs. Rosa Truen, Mrs. Rieka Winter, Mrs. Hannah, Pitzle, Mrs. Rosie Rosener, Mrs. Lena Cohn, Mrs. Betta Miggots, David Stiglitz, Jacob Stiglitz, Lozor Stiglitz, and Marcus Stiglitz to be divided between them share and share alike, and I also give and bequeath all my stock of general merchandise to the above named brothers and sisters, they to pay all the debts against it and pay all my burial and funeral expense and pay $100.00 the Kanasih Jewish Society of Hammond Indiana and pay $20.00 to Roza Ringer and pay to Cohan Fisher $20.00. Item III. I give and bequeath to my beloved wife Millie Stiglitz all the certificates of-stock I may die seized American Savings and Trust company, Masonic Temple at Hammond Indiana, and German Fadalia Singing Society. And I give and bequeath to my said beloved wife all cash on hand or money in Bank, and all my book accounts except a note and open account due me from Miggots and Stiglitz at Whiting Indiana, and said note and account to be paid by Miggots and Stiglitz to my beloved wife Millie Stiglitz one half of the same in two equal annual instalments and the diamonds and jewellry I have for safe keeping is to be returned to the owner Mrs. H. Pitzle, said diamonds and jewelry is now in the safety deposit vault Germ. Nat. Bank at Plammond Ind, Item IV. I hereby nominate and appoint Leon Sturn of Joliet 111. Nathan Miggots and Max Stiglitz of Whiting Ind. executors of my last will and testament. In testimony whereof I have hereunto set my hand and seal this 5 day of February 1912. (Signed) William Stiglitz (Seal) ”
While counsel for appellant have presented their views as to the intention of the testator very ably and in an instructive manner, yet, after a careful and considerate review of the evidence heard by the court as to the circumstances, situation, and surroundings of the testator when the will was made and as to the condition and description of the property of which he died seized, and of his family relations and his situation in life, we are unable to say that the trial court erred in the construction which it has placed on the will in question.
Appellant very earnestly insists that the mortgage on the Michigan Avenue property should be paid out of the testator’s personal estate and not charged as a lien against the realty itself. The evidence shows that the property was encumbered at the time the testator purchased it but there is nothing in the record which indicates that he assumed the mortgage. In the absence of such a showing it cannot be said that the mortgage -became a personal liability.
We are constrained to hold that no error was committed
Note, — Reported in 105 N. E. 465. As to extrinsic evidence to explain wills, see 50 Am. St. 279. See, also, under (1) 40 Cyc. 1413; (2) 40 Cyc. 1431; (3) 27 Cyc. 1340.