In Re Estate of
Joseph Cummins
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Disposed of Dec. T 95
Petition of Nettie
J. Webster for probate
of will
Box 425
F I L E D
[not legible]
J. W. Powers
CLERK
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The State of Indiana Shelby
County SS
In Re Probate of
the Will of Joseph
Cummins dec'd |
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Petition for Probate
of will |
Comes now Nettie Webster and shows that she is a devisee
under the will of said decedent. That the annexed instrument is the last
will of said decedent That the only devisees and heirs at law of
said decedent are his widow Eliza Cummins, his son Harry
Cummins, his daughter Mary J. Webster and this
petitioner. She shows also that there are objections to the probate of
said will by some of such heirs and devisees, except this petitioner.
Wherefore she prays that said persons be brought into court in this proceeding,
to show cause if any exists why said will should not be probated and she asks
that upon the hearing hereof that said will be admitted to probate.
/s/ Nettie. J. Webster.
Subscribed and sworn to before me this 4" day of January 1896
Ed. K. Adams Notary Public
I Joseph Cummins, of Shelbyville Indiana, do make and Publish this
my last will and Testament, hereby revoking any and all former wills by me at
any time heretofore made.
Item 1st
It is my will - and I hereby direct
that at my death all my just debts shall be paid by my executor.
Item 2nd
I do hereby will devise and give unto
my beloved wife, Eliza Cummins, subject only to the payment of my just debts,
all my property and Estate, both real and personal - and wheresoever situate to
be had and held by her for her comfortable support and maintenance. My
said wife shall have and hold my Said Estate during the term of her natural
life.
She shall have, and I do hereby give and invest her with, full power to sell and
convey in fee simple and by proper deed - any part of all of my Estate - both
real and personal - which she may in the exercise of her own judgment deem
necessary and best for the payment of my just debts, giving her, hereby, for
such purposes the same full and ample power - which I myself do now or would
possess.
Should my said wife - at any time after my decease, deem it necessary or best
for her comfortable living and maintenance to sell any part of all of my real or
personal Estate - then in such case I do hereby give her any invest her
with full power to sell and by proper deed convey to any person or persons any
part or all of my said Estate, hereby giving her for such purposes the same full
and ample power to sell and convey said Estate or any part thereof, which I
myself do now or would at any time possess.
Item 3rd:
I do hereby give unto my said wife -
Eliza Cummins - full and ample power to adjust, settle, compromis[sic] and
discharge all my Just debts - by me owing at my decease, and to adjust - settle
and compound all debts and claims owing to me at my decease in the manner she
shall in the exercise of her own Judgment deem best.
Item 4th:
In the event that any of my property - real or personal - shall remain
unconsumed or undisposed of by my said wife at the time of her decease - and
after the payment of her just indebtedness - and her funeral expenses, then it
is my will and I do hereby direct that all said property so remaining shall go
to and vest in fee simple in my two children, Mary J. Webster - Harry L. Cummins
- and my grand-daughter, Nettie Webster - said two children and said
grand-daughter to have and hold said remaining property share and share alike -
equally.
Item 4th:[sic]
In the event that my said wife
Eliza Cummins shall depart his life before my death - then and in such
event it is my will - and I do hereby give - devise and will all my property
both real and personal to my daughter Mary J. Webster, my son, Harry L.
Cummins - any my grand-daughter - Nettie Webster, to be held and had by them in
fee simple subject only to the payment of my just debts - share and share alike
- equally.
Item 5th:
I do hereby nominate - constitute and
appoint my said wife - Eliza Cummins - to be the executrix of this my last will
and Testament - and I do hereby positively direct that she shall not by any
Count be required to give bond for the discharge of her duties as such
executrix, and I do further direct that said Executrix shall not be summoned
required or called to make any report of her doings in said trust to any Count -
further than to report final payment of my debts - and to file reports of the
sale of Real Estate, if any,
In Witness whereof - I have here unto set my hand and seal this 3rd day of
September A.D. 1894.
/s/ John C Edwards
/s/ Joseph Cummins {{seal}}
The above instrument was signed and sealed by Joseph Cummins - in our presence,
and in our presence and hearing by him declared to be his last will and
Testament - and we in his presence - at at his request - and in the presence of
each other have subscribed our names hereto as witnesses to said will - this 3rd
day of September, 1894.
/s/ John C Edwards
~ ~ ~ ~ ~ ~ ~
In Re Probate of
will of Jos. Cum-
mins.
Objections to pro-
bate by Eliza Cummins.
~~~
F I L E D
Jan 6 1896
J. W. Powers
CLERK
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The State of Indiana Shelby
County SS
Circuit Court Dec. Term 1895
In Re Probate of
the Will of
Joseph Cummins
dec'd |
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Objections to probate
of will |
Waiving process and appearing herein comes now the undersigned and shows to the
court that she is the widow of said decedent and a devisee under the terms of
the will offered for probate herein. She shows that the said
instrument offered for probate herein as the will of said decedent was unduly
executed in this
1st. that the same was not properly attested by two witnesses.
2. That he same was attested by only one witness.
3. That the same was unduly executed. Affiant alleges
that the said objections are not made for vexation or delay.
Wherefore by reason of the premises
she says said instrument should not be probated and she objects to the probate
thereof and asks that the same be declared null and of no force.
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her |
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/s/ |
Eliza |
X |
Cummins |
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Witness /s/ Ed. K.
Adams |
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mark |
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Subscribed and sworn to before me this 4 day of December
January 1896
Ed. K. Adams Notary Public
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In Re Probate of
will of Joseph
Cummins.
Appearance and
Obj. to Probate by
Harry Cummins.
~~~
F I L E D
Jan 6 1896
J. W. Powers
CLERK
~ ~ ~ ~ ~ ~ ~
The State of Indiana Shelby
County SS
Circuit Court Dec. Term 1895
In Re Probate of
the Will of
Joseph Cummins
dec'd |
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Answer of Harry
Cummins |
Comes now said Harry Cummins and entering his appearance to
the petitions herein objects to the probate of the alleged will of said decedent
filed with the petition herein for the reasons following to wit:
1st That the signature thereto was attested by only one witness.
2nd That said signature was not attested by two witnesses
3rd That the said will was unduly executed.
Wherefore he prays the court to
declare said will of no force & null and void.
/s/ Harry Cummins
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In Re Probate of
will of Joseph
Cummins.
Appearance and
Objections to probate
of will by Mary
J. Webster
~~~
F I L E D
Jan 6 1896
J. W. Powers
CLERK
~ ~ ~ ~ ~ ~ ~
The State of Indiana Shelby
County SS
In Re Probate of
the will of Joseph
Cummins dec'd |
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}} |
Answer of Mary
J. Webster |
Comes now said Mary Webster and enters her appearance to
the petition to probate the will of said decedent and objecting to the probate
of said alleged will says: that the same should not be probated for the
following reasons towit:
1st That said same was not attested by two witnesses
2nd That the same was attested by only one witness.
3rd That the same was unduly executed.
Wherefore she asks the court not to
admit the said will to probate and to declare it null and of no force.
/s/ Mary J
Webster
Transcribed by Phyllis Miller Fleming
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