Last Will and Testament
George W. Cuskaden
I, George W. Cuskaden, being of sound mind and memory do
make and declare this to be my last Will and Testament hereby revoking any and
all wills by me heretofore made.
Item 1. It
is my will and I hereby direct my Executor to pay all my Just debts, including
the debts caused by my last sickness and funeral expenses.
Item 2. After
complying with Item one (1) of this Will, the residue of my property including
all of my real estate, personal property and mixed that I may die seized I
hereby will, devise and bequeath to my beloved wife Charity Cuskaden, to
have and to hold for and during the term of her natural life, she to use the
income rents and interests of the same for her own comfort, maintenance and support. And if the income, rents and interests
received therefrom be not sufficient for her comfortable support then I direct
that she use a sufficient amount of the principal for to make her a comfortable
Home and maintenance during her natural life.
Item 3. At
the death of my beloved wife Charity Cuskaden, Should she out live me, After
the payment of her funeral expenses and all claims; then the residue of my
property including all my real estate, personal property and mixed to my seven
children now living viz: - John T. Cuskaden, James A. Cuskaden, Edmund
Cuskaden, George R. Cuskaden, Ester Cuskaden, Sarah Cole and Dora Ross, I
will, devise and bequeath to them absolutely and in fee simple, share and share
And it is my will that only the property so left shall be
taken into consideration by my legatees, and they are not to consider any gifts
made to any of my children before my death.
Should any of my children die leaving a child or
children, Then I will that said child or children shall take said parents
share, or interest.
Item 4. I
hereby name and appoint my son John T. Cuskaden as the Executor of this my last
Will and Testament and I will and direct that he is to settle my estate with
out filing or giving and bonds in his said Trust.
hand and seal this 26th day of September 1908.
George W. Cuskaden ( Seal )
The foregoing will was signed, sealed and declared to be
the last Will and Testament by the above named George W. Cuskaden in our
presence and signed by us as attesting witnesses in his presence upon his
request and in the presence of each other, September 26th 1908.
Thomas H. Campbell
Albert F. Wray
Codicil To last Will by George W. Cuskaden
For a codicil to my last Will and Testament herein above
declared I hereby will, devise and give to my beloved daughter Esther Cuskaden
in addition to any gift or bequest in my original will One Thousand ($1000.00)
Dollars and I hereby direct and demand that my executor shall pay over to her
the full sum of One Thousand ($1000.00) Dollars from the first money which
shall come into his hands for distribution out of my estate, after which she is
to take under Item #3, of my last will as heretofore willed and directed by me.
Witness my hand and seal this 12th day of
Geo. W. Cuskaden ( SEAL )
The foregoing codicil to be annexed will and signed and
declared to be the codicil of and to the last Will, by the said George W.
Cuskaden in our presence as witnesses, an signed by us as witnesses in his presence
and in the presence of each other, and upon his request, this October 14th
Albert F. Wray
Thomas H. Campbell
State of Indiana, Shelby County, SS
Be It Remembered, that on the 14th day of
March A.D. 1914; the 37th
Judicial day of the February Term of the Shelby Circuit Court in said year,
came into open Court John T. Cuskaden and produces in Court an instrument in
writing purporting to be the last Will and Testament of George W. Cuskaden,
deceased and now moves the admittance thereof to probate and record, and in
proof of said Will introduces Thomas H. Campbell the subscribing witnesses
thereto, who being duly sworn by the Clerk of said Court on oath declare and
testify as follows, that is to say: That on the 26th day of September 1908 he saw the said George
W. Cuskaden sign his name to said instrument in writing as and for his last
Will and testament, and that this deponent at the same time, heard the said
George W. Cuskaden 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 the said George W. Cuskaden and with his consent attested and
subscribed by the said Albert F. Wray and Thomas H. Campbell in the presence of
said testator, and in the presence of each other as subscribing witnesses
thereto, and that the said George W. Cuskaden 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 says not.
Thomas H. Campbell
Sworn to and subscribed by the said Thomas H. Campbell
before me Otto L. Coyle, Clerk of said Court, at Shelbyville Indiana the 14th
day of March 1914.
Otto L. Coyle Clerk
Whereupon it is ordered, adjudged and decreed by the
Court that said instrument in writing purporting to be the last Will and
Testament of George W. Cuskaden deceased, is the last Will and Testament of
George W. Cuskaden deceased and is hereby admitted to probate and record in
(SEAL) Otto L. Coyle
State of Indiana, Shelby County SS
I, Otto L. Coyle, Clerk of the Circuit Court of Shelby
County, Indiana, do hereby certify that the within annexed Will and Testament
of George W. Cuskaden, has been duly admitted to probate and duly proves by the
testimony of Thomas H. Campbell, one of the subscribing witnesses thereto that
a complete record of said Will and of the testimony of the said Thomas H.
Campbell, in proof thereof, has been by me duly made and recorded in Book 6 at
pages 444-445-446-447 of the record of Wills of said County.
Attestation. Whereof I have hereunto subscribed my name and affixed the seal of
said Court at Shelbyville, Ind. the 14th day of March 1914.
(SEAL) Otto L. Coyle Clerk
Circuit Court Shelby County