Last  will  of
James  Cooper



James Cooper  do make this my last will.

Item 1.  I give, grant and devise to my wife  Jennie Cooper,  the quarter section of land upon which I now live, the same being the North East quarter of Section seventeen Township twelve North of Range Six East in Shelby County Indiana to have and hold the same in fee simple and I also give and bequeath to her all my household and kitchen goods and furniture to have and hold the same absolutely.  If she accepts the provisions of this will made for her, she shall not have any portion of my Estate other than what she takes under this will.

Item 2.  I give, grant and devise to my son  William M. Cooper  all other Real Estate owned by me, wherever situated, and he shall have and hold the same in fee simple.

Item 3.  All other personal property owned by me and not disposed of in item one of this will shall be sold of the proceeds I give and bequeath to my brother  George W. Cooper,  three hundred dollars, and to my nephew  William K. Cooper  two hundred dollars out of what remains of the proceeds of such personal property after paying said bequests of three hundred and two hundred dollars, there shall be paid all my just debts, funeral expenses and the cost of settling my Estate, the balance, if any, shall be divided equally between my said wife and my said son.  If, after paying said two bequests, there shall not remain, out of the proceeds of the sale of said personal property, a sum sufficient to pay all my just debts, the expense of my funeral and the costs of settling my Estate, then the balance of such sum shall be furnished to my Executor equally by my said wife and my said son.

Item 4.  I appoint my son, William M. Cooper, Executor of this my last will.

            In testimony whereof I have hereunto set my hand and seal this the 21" day of November 1894 --        
James Cooper  {{ LS }}
Signed by the testator in our presence and by us in his presence at his request as witnesses and in the presence of each other this the 21" day of Nov. 1894.
Oliver Perry        
Isaac Carter        


The State of Indiana Shelby County SS.
            Be it remembered That on the 29" day of February 1896  Isaac Carter  one of the subscribing witnesses to the within and foregoing last will and testament of James Cooper late of said County deceased, personally appeared before  J. W. Powers  Clerk of the Circuit Court of Shelby Count 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 21" day of November 1894 he saw the said James Cooper 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 James Cooper 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 James Cooper and with his consent attested and subscribed by the said Oliver Perry and Isaac Carter in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said James Cooper 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 mend and memory and not under any coercion or restraint as the said deponent verily believes and further deponent says not.  That said testator departed this life on the 24" day of November 1894 as the affiant verily believes
Isaac Carter        

Sworn to and subscribed by the said Isaac Carter before me J. W. Powers Clerk of said court, at Shelbyville the 29" day of Febry 1896
J. W. Powers Clerk
            In attestation whereof I have hereunto subscribed my name and affixed the seal of said court
J. W. Powers Clerk

State of Indiana Shelby County S. S.
            I  J. W. Powers Clerk of the Circuit Court of Shelby County, Indiana, do hereby certify that the within annexed will and testament of James Cooper has been duly admitted to probate and duly proven by the testimony of Isaac Carter one of the subscribing witnesses thereto that a complete record of said will and of the testimony of the said deponent in proof thereof has been by me duly made and recorded in book 3 page 252 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 29" day of Febry 1896.
J. W. Powers Clerk
Circuit Court Shelby County Indiana


Election of the Widow


            Election of the widow to take under will.
State of Indiana Shelby County
            Shelby Circuit Court Mch Term 1896
            In the matter of the
Estate of James Cooper  dec'd.
            I  Jennie Hendrickson  formerly  Jennie Cooper  and widow of  James Cooper deceased  do hereby elect to accept the provisions made for me by said decedent in his will, being fully acquainted with the provisions of said will in my behalf.
Jennie Hendrickson


State of Indiana         Shelby County
            Before me a notary Public in and for said county came Jennie Hendrickson well known to me and also known by me to be the widow of James Cooper deceased who acknowledged the Execution of the foregoing instrument.
            Witness my hand and notarial Seal this the 21st day of Mch 1896. 
{{ L S }}                        Isaac Carter Notary Public                


Transcribed by Phyllis Miller Fleming

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