Last  Will  and  Testament
of

Amos  T. Phares


          I,  AMOS T. PHARES,  of Shelby County, in the State of Indiana, do hereby make and publish, this my last will and testament, hereby revoking all former wills by me made.

Item 1.   It is my will and I direct that all my just debts be paid out of my estate by the executor of this will, hereinafter named.

Item 2.   I hereby give, bequeath and devise to my wife  Artimitia C. Phares, for and during the term of her natural life, all my property, both real and personal, of which I die the owner.

Item 3.   I hereby give, bequeath and devise all my property, both real and personal, subject to the provisions of items one and two herein, to my seven children, viz: Emma A. Rhodes,  Cora B. Sheppel,  Caylor Phares,  Alma O. Yager,  Charles Q. Phares,  Thomas E. Phares,  and  Harry O. Phares, share and share alike, to be held by them absolutely and in fee simple.

Item 4.   I hereby appoint my said son Thomas E. Phares, as executor of this my last will and testament.
          IN WITNESS WHEREOF, I have hereunto set my hand and seal at the City of Shelbyville, Shelby County, in the State of Indiana, this 7th day of November, 1917.

Amos T. Phares   ( SEAL )


          The foregoing will was signed, sealed and acknowledged by the said Amos T. Phares, in our presence, and was declared by him to be his last will and testament, and at his request, and in his presence, and in the presence of each other, we now subscribe our names hereto as witnesses, This 7th day of November, 1917.

Gertrude Swisher
Geo. H. Meiks




State of Indiana
Shelby County, SS:
          Be it remembered that on the 16 day of December, A.D., 1918 the 61 judicial day of the October Term of the Shelby Circuit Court in said year, come into open Court Thomas E. Phares and produces in Court an instrument in writing purporting to be the last Will and Testament of Amos T. Phares, deceased and now moves the admittance thereof to probate and record, and in proof of said Will introduces George H. Meiks, one of the subscribing witnesses thereto, who being duly sworn by the Clerk of said Court, on oath, declares and testifies as follows, that is to say:  That on the 7th November 1917 he saw the said Amos T. Phares 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 Amos T. Phares 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 Amos T. Phares and with his consent attested and subscribed by the said George H. Meiks and Gertrude Swisher in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said Amos T. Phares 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.

Geo. H. Meiks


          Sworn and subscribed by the said Geo. H. Meiks before me Gordon Thurston Clerk of said Court, at Shelbyville Indiana the 16 day of December 1918.

Gordon Thurston     Clerk


          Whereupon it is ordered, adjudged and decreed by the Court that said instrument in writing purporting to be the last Will of Amos T. Phares deceased, is the last Will and Testament of Amos T. Phares deceased, and is hereby admitted to probate and record in this Court.

Gordon Thurston, Clerk



State of Indiana
Shelby County, SS:
          I, Gordon Thurston Clerk of the Circuit Court of Shelby County, Indiana, do hereby certify that the within annexed Will and Testament of Amos T. Phares has been duly admitted to probate, and duly proved by the testimony of George H. Meiks one of the subscribing witnesses thereto, that a complete record of said Will, and of the testimony of the said George H. Meiks in proof thereof, has been by me duly made and recorded in Book 7 at pages 358 and 359 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, Indiana, this 16 day of December, 1918.

Gordon Thurston, Clerk
Circuit Court Shelby County




ELECTION BY WIDOW

          The undersigned, widow of Amos T. Phares, late of Shelby County, Indiana, who died testate and whose last will and testament has been duly admitted to probate and record in the Shelby Circuit Court of said County and State, hereby makes election to take and accept the provisions made by said will in her favor in lieu of her Statutory right as such widow in and to one-third of the lands and personal property of which her said husband died seized and which Statutory right in consideration of the provisions of said will by her accepted as aforesaid, is hereby relinquished and released.

Artimitia C. Phares



State of Indiana
County of Shelby, SS:
          On this 1 day of January, 1919, personally appeared before me the undersigned, Notary Public, the above named Artimetia C. Phares and acknowledged the execution of the above and foregoing instrument as her voluntary act and deed.

          Witness my hand and Seal at Shelbyville, Indiana, this 1 day of January, 1919.

Geo. H. Meiks   ( SEAL )
Notary Public
Com. Ex. Aug. 9, 1922


Transcribed by Linda Bianchi
Wife's name spelled both Artimitia and Artimetia - LB

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