Last Will And Testament of Ellenor Zemer

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

            Item 1.  I do hereby appoint my friend and neighbor, David E. Shelton, as executor of this will.

            Item 2.  I do hereby will and bequeath to my husband, Henry Zemer, all of the property of which I shall die the owner.

            Item 3.  In the event that my said husband, Henry Zemer, shall not be living at the time of my death, then it is my will and I do hereby will, direct and provide that all of the property both real and personal of which I die the owner, shall be converted into cash by the executor of this will as soon after my death as the same can be conveniently done, and the proceeds thereof shall be disposed of by the said executor as follows:--

            First, to the payment of the mortgage indebtedness on the real estate of which I die the owner if any there be.

            Second, To the payment of the costs and expenses of the administration of my estate and the payment of my just debts.

            Third,  The said executor shall pay to my son, Elifelet Zemer, the sum of One Hundred Dollars

            Fourth,  The residue thereof shall be divided, share and share alike between my daughters, Laura A. Zemer and Elizabeth A. Walker.  Provided that in the event that either of my said daughters shall not be living at the time of my death then share that would have gone to such deceased child if living, shall be paid to the children of such deceased child, share and share alike.

            Item 4.  It is my will that my son George W. Zemer, shall take no part of my estate for the reason that he has already received from me more than a full share in my estate; and it is my will that my son William F. Zemer, shall receive no part of my estate for reasons satisfactory to myself.  The part of my estate given to my daughters in the fourth paragraph of Item 3 of this will is given to them in consideration for their kindness in caring for my husband and myself in our old age, and the material help given to each of us.

            In witness whereof I have hereunto set my hand and seal, this 22 day of June 1916.

                                                                                    Ellenor Zemer  (SEAL)

            The foregoing will was signed, sealed and acknowledged by the said Ellenor Zemer as her last will and testament in our presence and at her request, and in her presence and in the presence of each other we do now subscribe our names as witnesses This 22nd day of June, 1916.

                                                                                    R.E. Pitts
                                                                                    P.L. Hurst


State of Indiana, Shelby County, SS:

            Be it remembered that on the 13th day of April A.D. 1917, the 29th Judicial day of the March Term of the Shelby Circuit Court in said year, come into open Court David E. Shelton and produces in court an instrument in writing purporting to be the last will and testament of Elenor Zemer, deceased, and now moves the admittance thereof to probate and record, and in proof of said will introduces Perry L. Hurst one of 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 22 day of June 1916 he saw the said Elenor Zemer sign her name to said instrument in writing as and for her last will and testament; and that this deponent, at the same time , heard the said Elenor Zemer declare the said instrument 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 Elenor Zemer and with her consent attested and subscribed by the said Perry L. Hurst and R. Emery Pitts in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said Elenor Zemer 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.

                                                                                                Perry L. Hurst

            Sworn to and subscribed by the said Perry L. Hurst before me Cecil B. Collins, Clerk of said Court, at Shelbyville, Indiana, the 13th day of April 1917.

                                                                                                Cecil B. Collins, Clerk

            Whereupon it is ordered, adjudged and decreed by the court that said instrument in writing purporting to be the last will of Elenor Zemer deceased, is the last will and Testament of Elenor Zemer, deceased, and is hereby admitted to probate and record in this Court.

                                                                                                Cecil B. Collins, Clerk

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 Elenor Zemer has been duly admitted to probate, and duly proved by the testimony of Perry L. Hurst one of the subscribing witnesses thereto, that a complete record of said Will and of the testimony of said Perry L. Hurst in proof thereof, has been by me duly made and recorded in Book 7 at pages 216 and 217 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 13th day of April, 1917.

                                                                                                Cecil B. Collins, Clerk

                                                                                                Circuit Court, Shelby County


Transcribed by Barb Huff and Jeanette Crane

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