Will & Testament
State of Indiana, County of Shelby
Pages 147 & 148
23 October 1905
Know All Men, I, Joseph Mitchell of Shelby County, Indiana, do make and publish this my last Will and testament.
Item 1. It is my Will that all my just debts and funeral expenses be first paid after my death.
Item 2. All the residue of my estate whether real or personal, which I may have or hold at my death, I give and bequeath to my daughter, Elizabeth Walker, absolutely and unconditionally. I am not unmindfull of my other children, nor do I wish to do them unjustice but I have made my home with my daughter, Elizabeth, and I expect to continue to do so and feel that she ought to have what I have left at my death.
In Witness Whereof, I have hereunto set my hand and seal this 23rd day of October, 1905.
/s/ Joseph ( his X mark ) Mitchell
Witness by us at the request of the testator in his presence and in presence of each other this 23rd day of October 1905.
/s/ J. K. Ewing
/s/ Geo. L. Tremain
State of Indiana, Shelby County, SS.
Be it remembered, That on the 29th day of May A.D. 1912 the 3 judicial day of the May Term of the Shelby Circuit Court in said year came into open Court J. K. Ewing and produces in court an instrument in writing purporting to be the last Will and testament of Joseph Mitchell, deceased, and now moves the admittance thereof to probate and record, and in proof of said Will introduces J. K. Ewing, 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 23rd day of October 1905 ~ he saw the said Joseph Mitchell sign his name to said instrument in writing as and for his last Will and testament and that
~ ~ ~ ~ ~ ~
this deponent, at the same time, he saw the said Joseph Mitchell declare the same 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 Joseph Mitchell and with his consent attested and subscribed by the said J. K. Ewing and George L. Tremain, in the presence of each other, as subscribing witnesses thereto, and that the said Joseph Mitchell was at that 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.
/s/ J. K. Ewing
Sworn to and subscribed by the said J. K. Ewing before me Otto L. Coyle, Clerk of said Court, at Shelbyville, Indiana the 29th day of May 1912.
/s/ Otto L. Coyle, Clerk
Transcribed by Antoinette Waughtel Sorensen
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