Last Will and Testament of
Henry Zemer
I, Henry
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 by me made.
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 wife, Ellenor Zemer, all of the property of which I shall die the
owner, subject only to the payment of my just debts.
Item
3. In the event that my said wife,
Ellenor 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 personal
and real, of which I shall died 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 of my real estate, if any.
Second, To
the payment of the costs and expenses of the administration of my estate and
the payment of 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. Bruner 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 the 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 of their kindness in caring for me and my wife 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.
Henry Zemer (SEAL)
The
foregoing will was signed, sealed and acknowledged by the said Henry Zemer as
his last will and testament in our presence, and at his request, and in his
presence and in the presence of each other we do now subscribe our names hereto
as witnesses. This 22 day of June,
1916.
R. E. Pitts
P. L. Hurst
State of Indiana, Shelby County, SS:
Be it
remembered, that on the 10th day of Oct. A.D., 1916, the 8th
judicial day of the Oct. Term of the Shelby Circuit Court in said year come
into open Court Meiks & Hack and produces in Court an instrument in writing
purporting to be the last will and Testament of Henry Zemer, deceased, and now
moves the admittance thereof to probate and record, and in proof of said Will
introduces Perry L. Hurst 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 22nd
day of June 1916 he saw the said Henry Zemer 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 Henry Zemer 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 Henry Zemer and with
his consent attested and subscribed by the said Perry L. Hurst and R.E. Pitts
in the presence of said testator, and in the presence of each other, as
subscribing witnesses thereto, and that the said Henry 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 10th day of October 1916.
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 Perry L. Hurst[sic] one of
the subscribing witnesses thereto, that a complete record of said Will, and of
the testimony of the said Perry L. Hurst in proof thereof has been by me duly
made and recorded in Book 7 at pages 157 and 158 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 10 day of Oct. 1916.
Cecil B. Collins Clerk
(SEAL) Circuit Court Shelby County
Transcribed by Barb Huff
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