Will and Testament
Frank Timney, deceased
[Typing errors appear on original.]
I, Frank Timney, being of sound mind of disposing memory do hereby make, publish and declare this my last will and testament.
Item 1. I will and direct that my executor hereinafter named, pay all my just debts and funeral expenses out of the first money coming into his hands.
Item 2. I will and direct that my executorerect at my grave a suitable monument, said monument to be selected by my wife.
Item 3. I will, devise and bequeath to my beloved wife, Annie L. Timney all the real and personal property of every kind and description and wheresoever located of which I may die seized, to have and to hold the same forever and in fee simple.
Item 4. I hereby moninate and appoint Robert N. Smith executor of this my last will and testament.
Item 5. I hereby revoke any and all former wills by me at any time made.
Sealed and signed by me in the presence of Dr. Milton M. Wells and Louisa B. ham whom I have requested to become attesting witnesses hereto, this the 27th day of December 1916.
We the undersigned, Dr. Milton M. Wells and Louisa B. Ham at the request of the above named Frank Timney, and in his presence and in the presence of each other do hereby subscribe our names and places of residence as attesting witnesses this the 27th day of December 1916.
Dr. Milton M. Wells Fairland, Ind.
Louisa B. Ham Fairland, Ind.
State of Indiana, Shelby County, SS:
Be it remembered, that on the 19 day of january, A.D., 1917 the ...... judicial day of the january Term of the Shelby Circuit Court in said year, come into open Court Milton M. Wells and procudes in Court an instrument in writing purporting to be the last Will and Testament of Frank Timney, deceased, and now moves the admittance thereof to probate and record, and in proof of said Will introduces Dr. Milton M. Wells 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 27” day of December, 1916, he saw the said Frank Timney 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 Frank Timney 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 said Frank Timney and with his consent attested and subscribed by the said Dr. Milton M. Wells and Louisa B. Ham in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said Frank timney was, at the time of the signing and subscribing of said instrument in ewriting, as aforesaid, of full age (that is more than twenty-one years of age) and of sound and dis posing mind and memory, and not under any coercion or restraint, as the said deponent verily believes, and further deponent says not.
Dr. Milton M. Wells.
Sworn to and subscribed by the said Dr. Milton M. Wells before me Cecil B. Collins Clerk of said Court, at Shelbyville Indiana, the 19 day of January 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 Frank Timney, deceased, is the last will and Testament of Frank Timney deceased, and is hereby admitted to probate and record in this court.
Cecil BQ 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 Frank Timney has been duly admitted to probate, and duly proved by the testimony of Dr. Milton M. Wells one of the subscribing witnesses thereto, that a complete record of said Will, and of the testimony of the said Dr. Milton M. Wells in proof thereof, has been by me duly made and recorded in Book 7 at Pages 188 & 189 of the record of Wills of said County.
IN ATTESTAMEON WHEREOF, I have hereunto subscribed my name and affixed the seal of said Court, at Shelbyville, Indiana, this 19 day of January 1917.
( SEAL )
Cecil B. Collins Clerk. Circuit Court
Transcribed by Jeanette Crane
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