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Last Will and Testament
of
Mahala Apple
I, Mahala Apple, of Shelbyville Ind., do make this my last Will and Testament as follows towit:
Item 1st I direct that all my debts shall be paid as soon as money to pay the same shall come into the hands of my executor.
I also direct that at my death I shall be buried in a casket like that in which my deceased husband Daniel Apple was buried, and that I shall be dressed in a black funeral robe.
I also direct that my executor shall cause to be erected at the grave of my husband and myself, a monument to cost the sum of One Hundred and seventy five (175) Dollars; that is one joint monument for the two graves.
Item 2nd. I will and bequeath to my sister Mary Stroup, now of Kansas the sum of One Thousand ($1000.00) Dollars.
Item 3rd. All the residue of my estate both real and personal I direct that my executor shall convert into cash, and the proceeds thereof, after payment of debts, the above named legacy to my sister, and the cost of the execution of this my will, and of administration on my estate. I do will and bequeath, absolutely to The First Presbyterian Church of Shelbyville Indiana, with this proviso and limitation only; that the same shall be used and expended by the Trustees of said Church, in the erection, of a Sunday School Building, in the City of Shelbyville Ind., for the use of the Sunday School of said Church. I desire and direct that when said building is completed it shall be known as “The Apple Memorial Sunday School Building.”
I now state that the last named bequest is made of by me of my own free will, and without the slightest suggestion from any person whomsoever.
Item 4th. I appoint Frank C. Sheldon as the executor of this my will.
In Witness whereof
I have hereunto set my hand and seal this 9th day of January 1896.
We the undersigned witness as above, to the signature of Mahala Apple, do certify that the said Mahala Apple did sign her name as above in our presence, and in our presence declared the same to be her last will, and that we as said witnesses did sign our names as above in the presence of said Mahala Apple, and in the presence of each other.
This
January 9th 1896.
Charles Major (SEAL)
Thomas D. Wilson (SEAL)
State of Indiana, Shelby County, SS:
Be it remembered, that on the 19th day of August A.D. 1916, Thomas D. Wilson one of the subscribing witnesses to the within and foregoing last Will and Testament of Mahala Apple late of said County, deceased, personally appeared before Cecil B. Collins, Clerk of the Circuit Court of Shelby 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 is to say: That the said Thomas D. Wilson says he saw the said Mahala Apple sign her name to the said instrument in writing as and for her last Will and Testament; and that this deponent, at the same time heard the said Mahala Apple declare the said instrument in writing to be her last Will and Testament, and the said instrument in writing was, at the same time, at the request of the said Mahala Apple and with her consent attested and subscribed by the said Thomas D. Wilson & Charles Major in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said Mahala Apple 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.
Thomas D. Wilson
Sworn to and subscribed by the said Thomas D. Wilson before me, Cecil B. Collins Clerk of said Court, at Shelbyville, the 19th day of August A.D. 1916.
In
Attestation Whereof, I have hereunto subscribed my name, and affixed the seal
of said Court.
State of Indiana, Shelby County, SS:
I, Cecil B. Collins Clerk of the Circuit Court of Shelby County, Indiana, do hereby certify that the within annexed Will and Testament of Mahala Apple had been duly admitted to probate, and duly proved by the testimony of Thomas D. Wilson one of the subscribing witnesses thereto, that a complete report of said Will and of the testimony of the said Thomas D. Wilson in proof thereof, has been by me duly made and recorded in Book 7 at pages 145 & 146 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 Shelbyville, this 19th day of Aug. 1916.
Codicil No. 1
I Mahala Apple do make this codicil to the foregoing will, made by me Jan. 9th 1896, as follows:
Item 1st I do hereby abrogate and declare null and void “Item 2” of my said will, and the bequest of $1000.00 therein contained, and do direct that my sister Mary Stroup, shall take nothing under my said will.
Item 2 of Codicil: I will to Daniel Cook of Vorhees Ills. The sum of $300.00
Item 3 of Codicil: The residue of my estate I do give and bequeath to the First Presbyterian Church of Shelbyville Indiana as in “Item 3” of said will set out, and under the conditions therein named.
Witness my
hand and seal the 15th day of June 1899.
John A. Young
Charles Major Witnesses
We the
undersigned, certify the above named Mahala Apple did in our presence sign the
foregoing Codicil and did at the same time declare the same to be a codicil to
her will, and that we at the same time and place did at the request of said
Mahala Apple sign our names as witnesses in the presence of said Mahala Apple,
and in the presence of each other this 15 June 1899.
Proof of Codicil
to Will
State of Indiana, Shelby County, SS:
Be it remembered that on the 19th day of August A.D. 1916, David L. Wilson, one of the subscribing witness to Codicil No. 2 to the Last Will & Testament of Mahala Apple, deceased, personally appeared before Cecil B. Collins, Clerk of the Circuit Court, of Shelby County, in the State of Indiana, and being duly sworn upon his oath says; that he is familiar with and knows personally well the hand writing, and especially the signature of one John A. Young, now living, and of Charles Major, now deceased, each of whom is a subscribing witness to the Codicil No. 1 to the will of Mahala Apple, late of Shelby County, Indiana, executed by her and witnesses by said two attesting witness on the 15th day of June 1899. That he knows well that said subscribing witness Charles Major is long since dead; that he also personally knows that the other subscribing witness, John A. Young, is at this time out of the State of Indiana, and cannot be procured nor produced at this time; Affiant further swears and states, the names signed as attesting witnesses to the codicil No. 1, to the will of said Mahala Apple, now produced for proof and probate, is the signature and the names written, by each of them; the said John A. Young and Charles Major, is the name of each of such witness and is in the hand writing of each of said attesting witness, and that the name, of each witness is in the writing of the witness and was written by each of said witness in his own proper person and hand writing.
That the witness John A. Young, being out of the State of Indiana. At this time his evidence is not procurable, nor obtainable at this time, and he further sayeth not.
David L. Wilson
Subscribed and sworn to by the said David L. Wilson, before me Cecil B. Collins, Clerk of said Court, at Shelbyville, Indiana, this 19th day of August A.D. 1916.
In
Testimony Whereof, I have hereunto subscribed my name, and affixed the seal of
said court.
I Mahala Apple of the County of Shelby and State of Indiana, being of sound mind and disposing memory, and having heretofore executed my last will and testament bearing date of January 9th 1896, and thereafter on the 15th day of June 1899, having added a codicil thereto, and since said codicil was added, my nephew therein named Daniel Cook to whom I gave the sum of Three ($300.00) Dollars, having died, I hereby now revoke and set aside said item in said first codicil, and declare the same null and void.
Item 2. My Housekeeper Mary Early, having lived with me for a number of years, and having during said time rendered me valuable services and good care and attention, and as additional compensation for such valuable services, I give and bequeath to her, said Mary Early, the sum of $400.00, to be paid to her out of the assets of my estate.
Item 3. In all other respects I reaffirm the provisions contained in my said last Will and testament, as therein provided and stipulated.
Witness my
hand and seal this 16th day of March A.D. 1912.
Signed by said Mahala Apple, by making her mark thereto in our presence and by each of us in her presence, at her special instance and request, as witnesses to the codicil to this her last will and testament, this 16th day of March 1912.
David L. Wilson Witnesses
Mrs.
E.K. Stewart
State of Indiana, Shelby County, SS:
Be it
remembered, That on the 19th day of August A.D. 1916 David L. Wilson
one of the subscribing witnesses to the within and foregoing codicil No. 2 to
the last Will and Testament of Mahala Apple late of said County, deceased,
personally appeared before Cecil B. Collins Clerk of the Circuit Court of
Shelby 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 is to
say: That on the 16th day of
March 1912 he saw the said Mahala Apple sign her name to the said instrument in
writing as and for Codicil No. 2 to the her last will and Testament; and that
this deponent, at the same time, heard the said Mahala Apple declare the said
instrument in writing to be Codicil No. 2 to her last will and Testament, and
that the said instrument in writing was, at the same time, at the request of
the said Mahala Apple and with her consent attested and subscribed by the said
David L. Wilson & Mrs. E.K. Stewart in the presence of said testator, and
in the presence of each other, as subscribing witnesses thereto, and that the
said Mahala Apple 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.
David L. Wilson
Sworn to and subscribed by the said David L. Wilson before me, Cecil B. Collins Clerk of said Court, at Shelbyville, the 19th day of August A.D. 1916.
In
Attestation Whereof, I have hereunto subscribed my name, and affixed the seal
of said Court.
(SEAL) Cecil
B. Collins Clerk
Shelby
Circuit Court
State of Indiana, Shelby County, SS:
I, Cecil B. Collins Clerk of the Circuit Court of Shelby County, Indiana, do hereby certify that the within annexed Codicil No. 2 to the last Will and Testament of Mahala Apple has been duly admitted to probate, and duly proved by the testimony of David L. Wilson one of the subscribing witnesses thereto, that a complete record of said Will, and of the testimony of the said David L. Wilson in proof thereof, has been by me duly made and recorded in Book 7 at pages 147 & 148 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 Shelbyville, this 19 day of August 1916.
(SEAL) Cecil
B. Collins Clerk
Circuit
Court Shelby County
Transcribed by Barb Huff
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