Will and Testament
And the Proof Thereof.
William W Keeling
Filed 11' day of June 1870
JG Wolf, Clerk
In name of the Benevolent Father of all I Joel Smith of Shelby County State of Indiana do make and publish this my last will and testament ---
Item 1st I give and devise to my beloved wife all my Household and Kitchen furniture, my black mare and sucking colt one two year old black horse colt, two cow and sucking calves. On Two horse Waggon, all my poultry and Hogs all my farming utensils, all my provisions for the use of my family which I have in Store and two side Saddles, and the residue of My personal property together with all my real Estate on which I reside and occupy to be sold and my just indebtedness paid out of the proceeds of said sale, and all monies remaining on hand after the payment of said Indebtedness. I will and bequeath to my beloved wife her natural life time.
I do hereby nominate and appoint Jonathan A Alley my Executor of this my last will and testament -- hereby authorizing and Empowering him to compromise, adjust, release and discharge in such manner as he may deem proper, the debts and claims due me.
I do hereby revoke all former wills by me made In Testimony hereof I have hereunto set my hand and seal this 14th day of April in the year 1870
Joel Smith /s/
Signed and acknowledged by said Joel Smith as his last will and testament in our presence, signed by us in his presence.
Attest -- John W Benson /s/
W. W. Keeling /s/
The State of Indiana Shelby County ss:
Be it remembered that on the 11 day of June AD 1870 John W. Benson and William W. Keeling the subscribing witnesses to the within and foregoing last Will and Testament of Joel Smith, late of said County, deceased, personally appeared before JG Wolf Clerk of the Court of Common Pleas of Shelby County, in the State of Indiana, and being duly sworn by the Clerk of said Court, upon his oath declared and testified as follows, that is to say: that on the fourteenth day of April A.D. 1870 they saw the said Joel Smith sign his name to said instrument in writing as and for his last will and testment, and that this deponent at the same time heard the said Joel Smith 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 Joel Smith and with his consent attested and subscribed by the said JW Benson and W.W. Keeling in the presence of said testator and in the presence of each other as subscribing witnesses thereto and that the said Joel Smith 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.
John W Benson /s/
W. W. Keeling /s/
Sworn and subscribed by the said Deponents before me,
JG Wolf Clerk of said Court, at Shelbyville
the 11' day of June 1870
In attestation whereof, I have hereunto subscribed my name and affixed the seal of said Court.
JG Wolf Clk /s/
State of Indiana, Shelby County, ss:
I, JG Wolf, Clerk of the Court of Common Pleas of Shelby County, Indiana, do hereby certify that the within annexed will and testament of Joel Smith has been duly admitted to probate and duly proved by the testimony of J.W. Benson and W.W. Keeling the subscribing witnesses thereof, that a complete record of said Will, and of the testimony of the said J.W. Benson and W.W. Keeling in proof thereof has been by me duly made and recorded in Book No 1 at pages 275-276 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 this 11' day of June 1870.
JG Wolf, Clerk /s/
Court of Common Pleas, Shelby County
Transcribed from the estate papers of Joel Smith, dec'd, filebox 95, Shelby County Court House,
Shelbyville, IN, by Phyllis Miller Fleming.
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