Last Will and Testament of
State of Indiana, County of Shelby
9 December 1911
Item Two ~ I hereby devise, give and bequeath to my husband James K. Cherry for and during his natural life, and for and during his natural life only, all of the property of which I die the owner, both real estate and personal property, including therein all life insurance to which my estate will be entitled upon my death, provided however, that it is my express wish and I direct that my said husband shall not be required to under any account to any court, of the use, management or control of the said personal property so received by him under this will, nor shall he be required to execute any bond to account for the same, but he shall have the right to use, manage and control the same as he may think best.
Item 3 ~ I hereby devise, give and bequeath to my daughter, Florence M. Gumming for and during her natural life, and for and during her natural life only, and subject to the life estate and interest hereinabove given to my said husband, James K. Cherry, all of the real estate and personal property of which I die the owner.
Item 4 ~ It is my will and I hereby direct and provide that the remainder of said real estate in fee, and the unused principal of said personal property, shall go and belong to the issue of the said Florence M. Gumming, living at the time of her death, Provided that if the said Florence M. Gumming shall die leaving no child or children or their descendants, her surviving, then said remainder of said real
estate in fee and said unused principal of said personal property shall go & belong to the collateral kindred of the Testatrix Amelia M. Cherry according to the law of descent.
Item 5 ~ I hereby appoint my said husband, James K. Cherry, as the executor of this my last Will and Testament and I request and direct that he be not required to give bond as such executor.
In Witness Whereof I have hereunto set my hand and seal at Shelbyville, in Shelby County in the State of Indiana, this 9 day of December, A.D., 1911.
Amelia M. Cherry (seal)
The foregoing will was signed and acknowledged by the said Amelia M. Cherry in our presence, and was declared by her to be her last Will and Testament and at her request and in her presence and in the presence of each other we now subscribe our name hereto as witnesses, and place our initials on the margin of(^ of the two) each pages of said Will for identification the 9 day of December A.D. 1912
Isaac N. Cooper
Geo H. Meeks
State of Indiana, Shelby County SSBe it remembered That on the 30th day of September 1912 Isaac N. Cooper one of the subscribing witnesses to the within and foregoing last Will and Testament of Amelia M. Cherry late of said County deceased, personally appeared before Ott L. Coyle, 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 9 day of December 1912 he saw the said Amelia Cherry 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 Amelia N. Cherry declare the said instrument in writing to be her last Will and Testament and that the said instrument in writing was at the same time at the request of the said Amelia N. Cherry and with her consent attested and subscribed by the said Isaac W. Cooper and George H. Meeks in the presence of said testator and in the presence of each other as subscribing witnesses thereto and that the said Amelia N. Cherry 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.
Isaac N. Cooper
Sworn to and subscribed by the said Isaac N. Cooper before me Otto L. Coyle, Clerk of said Court at Shelbyville the 30th day of September 1912.
In Attestation Whereof, I have hereunto subscribed my name and affixed the seal of said Court.
(Seal) Otto L. Coyle, Clk, Shelby CirCt
State of Indiana, Shelby County SS
I, Otto L. Coyle Clerk of the Cir Ct, of Shelby County Indiana do hereby certify that the within annexed Will and Testament of Amelia N. Cherry has been duly admitted to probate and duly proved by the testimony of Isaac N. Cooper one of the subscribing witnesses thereto that a complete record of said Will and of the testimony of the said Isaac N. Cooper in proof thereof has been by me duly made and recorded in Book 6 pages 198-199-200-201 of the records of
Wills of said County.
In Attestation Whereof, I have hereunto subscribed my name and affixed the seal of said Cout at Shelbyville the 30th day of September 1912.
Otto L. Coyle
Clerk of Circuit Court
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