Last Will and Testament of
I, Eli Cherry of Shelby Township, Shelby County, Indiana, do hereby make and publish this my last Will and Testament hereby revoking all former wills by me made and published.
Item 1. I desire first that all my just debts and funeral espenses be fully paid out.
Item 2. I give devise and bequeath to my beloved wife Mary Jane Cherry for the term of her natural life and for that term only all the property both real and personal of which I may died possessed subject to the payment of my debts as maintained in Item 1 of this Will, she to take the same in lieu of her statutory rights in my property as my widow under the law of the State of Indiana.
Item 3. After the death of my said wife Mary Jane Cherry, then I will devise and bequeath all my said property to my children to wit: Cynthia J. Stevens, Martha Ellen Alley, Stephen D. Cherry, Sally Cropper and Charles Cherry they to take the same in equal proportions share and share alike and should anyone or more of said children be dead, then I desire that such child's share shall go to his or her children or their descendants then living.
In witnesses Whereof I have hereunto set my hand and seal this 2nd day of August 1902.
The foregoing instrument signed, sealed and acknowledged by said Eli Cherry as and for his last Will and Testament in our presence who at his request in his presence and in the presence of each other have hereunto set our names as subscribing witnesses thereto this 2nd day of August 1902.
E. W. McDaniel
Be it Remembered that on the 30th day of October A.D. 1911, the 19th judicial day of the October Term of the Shelby Circuit Court in said year, come into open Court Erastus W. McDaniel and produces in Court an instrument purporting to be the last Will and Testament of Eli Cherry deceased and now moves the admittance thereof to probate and record, and in proof of said Will introduces Erastus W. McDaniel the subscribing witness 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 2nd day of August, 1902 he saw the said Eli Cherry sign his name to said instrument in writing as and that this deponent for his last Will and Testament, and that this deponent, at the same time heard the said instrument in writing to be his last Will and Testament and the the said instrument in writing was, at the same time, at the request of the said Eli Cherry and with his consent attested and susberibed by the said Erastus W. McDaniel, and Melvin Salla in the presence of said testator, and in the presence of each other as subscribing witnesses thereto and that the said Eli 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.
Erastus W. McDaniel
Sworn to and subscribed by the said Erastus W. McDaniel before me Otto L. Coyle Clerk of said Court, at Shelbyville, Indiana the 30th day of October 1911.
Otto L. Coyle Clerk of said Court, at Shelbyville, Indiana the 30th day of October 1911.
Otto L. Coyle Clerk
Whereupon it is ordered, adjudged and decreed by the Court that the said instrument in writing purporting to be the last Will of Eli Cherry deceased is the last Will and Testament of Eli Cherry deceased and is hereby admitted to probate and record in the Court.
Otto L. Coyle Clerk
State of Indiana, Shelby County SS:
I, Otto L. Coyle Clerk of the Circuit Court of Shelby County, Indiana do hereby certify that the within annexed Will and Testament of Eli Cherry, has been duly admitted to probate and duly proved by the testimony of Erastus W. McDaniel, one of the subscribing witnesses thereto, that a complete record of said Will and of the testimony of the said Erastus W. McDaniel in proof thereof, has been duly made and recorded in Book 6 at pages 70-71 and 72 of the records 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 30th day of October, 1911.
Otto L. Coyle Clerk
Submitted by Barb Huff
Circuit Court Shelby County
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