Page 317
Last Will and Testament
of
Joseph Fisher, deceased
City of Shelbyville,
County of Shelby, State of Indiana
Book 7 ~ pages 317, 318 & 319
11 June 1918
I, Joseph Fisher, of the City of Shelbyville, in 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 give and bequeath all of my household goods to my wife, Cecelia K. Fisher.
Item 2. It is my will and I direct that all my just debts be paid, and I do hereby expressly direct and provide that the property by this will given to my sons, Henry P. Fisher, Alvin R. Fisher and Riley B. Fisher, shall be and it is hereby charges with the payment of my said debts, the one third part of such debts to be charged against each of the said properties.
Item 3. I do hereby give and devise to my son, Henry P. Fisher, to be held by him in fee simple, subject to the provisions of Item 2 of this will, all of the following described real estate in Shelby County, in the State of Indiana, to-wit:-
Thirty (30) feet off of the entire East side of Lot Number Thirty (30) on the South Side of Mechanic Street, in Montgomery's Fourth Addition to the City of Shelbyville, Indiana.
Item 4. I do hereby give and devise to my son, Alvin R. Fisher, for and during the term of his natural life, and for such term only, the following described real estate in Shelby County, Indiana, to-wit:-
Commencing at the South-east corner of Lot number Four (4) in Block Number Three (3) on East Pennsylvania Street, the same being on the North side of said Street, in Ray and McFarland's Addition to the Town now City of Shelbyville, and running thence West Twenty-four (24) feet more or less, to Mr. Cage's East line; thence North Ninety-nine (99) feet more or less, to an alley; thence East Twenty-four (24) feet more or less, to an alley between said lot Number Four and lot number One (1) on said street; thence South along the West line of said alley ninety-nine feet to the place of beginning.
The remainder interest in said real estate I do hereby give and devise to the child or children of said Alvin B. Fisher, if any there be, and if the said Alvin R. Fisher shall have no issue surviving, then the said remainder interest in said real estate is hereby given and devised to my remaining children share and share alike, in fee simple, all subject however, to the provision of "Item 2" of this will.
Item 5. I do hereby given and devise to my son, Riley B. Fisher for and during the term of his natural life, and for such term only, the following described real estate in Shelby County, in the State of Indiana, to-wit:-
Commencing Fifty-Four (54) feet East of the South-west corner of Lot Number One (1) in Block Number Three (3) on East Pennsylvania Street, in Ray and McFarland's addition to the Town now city of Shelbyville, Indiana and running thence east Twenty Five (25) feet along the North side of Pennsylvania Street; thence North to the North side of Lot Number Four; thence West along the North line of said Lot twenty five (25) feet; thence South ninety (90) feet more or less to the place of beginning.
The remainder interest in said real estate I do hereby give and devise to the child or children of the said Riley B. Fisher, in fee simple, all subject however to the provision of "Item 2" of this will.
Item 6. I do hereby given and devise to my wife, Cecilia E. Fisher, for and during the term of her natural life, and for such term only, the following described real estate in Shelby County, in the State of Indiana, to-wit:-
Lot Number Twenty-eight (28) on Walker Street in Fletcher and McCarty's Addition to the Town, now city of Shelbyville, Indiana.
The remainder interest in fee simple in said real estate I do hereby give and devise to my daughter, Iris E. Fisher, subject only to the life estate therein in this item of my will given to my said wife, Cecilia E. Fisher.
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Page 318
Item 7. I do hereby give and devise to my wife, Cecilia E. Fisher, for and during the term of her natural life, the following described real estate in Shelby County Indiana, to-wit:-
Thirty-three (33) feet off of the entire West side of Lot Number Sixty-four (64) between John and Walker Streets in Fletcher and McCarty's Addition to the Town, now city, of Shelbyville.
Provided however, that it is my will, and I do hereby expressly provide and stipulate that in the event, my said wife shall need to sell, incumber or otherwise dispose of the said real estate, or any part thereof, for the purpose of providing funds for her maintenance and support, she shall have, and is given full power and authority to sell, incumber or otherwise dispose of the said real estate for such purpose, and to that end, she is hereby given the power to mortgage the said real estate and to convey the fee simple title thereto for the purpose aforesaid, and if in her judgment such necessity exists, it shall not be necessary to procure any order of court to authorize the execution of such mortgage or deed of conveyance.
If my said wife shall die without disposing of the said real estate, then the said real estate shall go, and the same is hereby given, to my children Henry P. Fisher, Alvin R. Fisher, Riley B. Fisher and Iris E. Fisher, share and share alike in fee simple.
Item 8. I have given nothing to my sons Frederick L. Fisher and Charles E. Fisher, under this will, for the reason that I have heretofore given to them a fair and reasonable share of my estate.
Item 9. It is my will then, in the event that any of the beneficiaries under this will shall object to the terms of this will and attempt annul or set the same aside then such person so objecting shall take nothing under this will, and the part of my estate given to such person under this will shall go to my children who do not object, share and share alike.
Item 10. I hereby appoint my wife, Cecilia E. Fisher as executrix of this my last will.
In witness whereof I have hereunto set my hand and seal at the City of Shelbyville, Indiana, this 4" day of May, 1918
Joseph Fisher, {Seal}
The above and foregoing will was signed, sealed and acknowledged by the said Joseph Fisher, 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 thereto, and for the purposes of indentification we also writing the initials of our names on each page of the said will, this 4" day of May, 1918.
Margret Hoop
Geo. H. Meiks
State of Indiana, Shelby County, SS:
Be it remembered that on the 11th day of June, A.D., 1918 the 20th judicial day of the May Term, of the Shelby Circuit Court in said year, come into open court Cecilia E. Fisher and produces in Court an instrument in writing purporting to be the last will and Testament of Joseph Fisher, deceased, and now moves the admittance thereof to probate and record, and in proof of said Will introduces
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Page 319
George H. Meiks, 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 4" day of May, 1918 he saw the said Joseph Fisher 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 Joseph Fisher declare the said instrument in writing to be his last Will and Testament, and that said instrument in writing was, at the same time, at the request of the said Joseph Fisher and with his consent attested and subscribed by the said Geo. H. Meiks and Margaret Hoop in the presence of the testator, and in the presence of each other, as subscribing witnesses thereto, and that the said Joseph Fisher 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 mind and disposing mind and memory, and not under any coercion or restraint, as the said deponent verily believes, and further deponent says not.
Geo. H. Meiks
Sworn to and subscribed by the said Geo. H. Meiks before me Gordon Thurston, Clerk of said Court at Shelbyville Indiana the 11 day of June, 1918.
Gordon Thurston,
Clerk.
Whereupon it is ordered, adjudged and decreed by the Court that said instrument in writing purporting to be the last will of Joseph Fisher deceased, is the last Will and testament of Joseph Fisher, deceased, and is hereby admitted to probate and record in this court.
Gordon Thurston,
Clerk.
State of Indiana, Shelby County, SS:
I, Gordon Thurston, Clerk of the Circuit Court of Shelby County, Indiana, do hereby certify that the within annexed will and testament of Joseph Fisher, has been duly admitted to probate, and duly proved by the testimony of Geo. H. Meiks one of the subscribing witnesses thereto, and that a complete record of said Will, and of the testimony of the said Geo. H. Meiks, in proof thereof, has been by me duly made and recorded in Book 7 at pages 317, 318 and 319 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 11" day of June, 1918.
{ SEAL } Gordon Thurston, Clerk
Circuit Court Shelby County
Transcribed by Antoinette Waughtel Sorensen
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