Will and Testament of
 Matilda  Everhart

                                                                                                                                                                Page 127

Last Will and Testament

of

Matilda Everhart

State of Indiana, County of Shelby

Pages 127, 128 & 129

17 June 1909

            I, Matilda Everhart, a resident of Shelbyville, Indiana, being of sound and disposing mind and memory, do hereby make, publish and declare this to be my last will and testament, hereby revoking all former wills by me made.  

            Item 1.  It is my will and I hereby direct my executor hereinafter named as soon after my death as is practicable to pay all of my just and lawful debts including expense of last sickness and funeral. 

            Item 2.  I give and bequeath to Marie Harrell my dining table, side Board and all of my dishes providing said Marie Harrell stays with and cares for me until my death and should she not do so then all the property mentioned in this item two of my will shall go to my Grand-son Harry L. Brinson.

            Item 3.  All the rest of the property of which I die seized, real, personal or mixed, I hereby give, devise and bequeath to my Grand-son Harry Leroy Brinson, he to have and hold the same absolutely and in fee simple. 

            Item 4.  I hereby nominate and appoint Will A. Yarling the Executor of this my last Will and Testament.

            And in witness of this my last Will and Testament I have hereunto set my hand and seal this 17th day of June A.D. 1909, at the City of Shelbyville, Indiana.

                                                                                    Matilda ( X ) Everhart  (seal)

                                                                                                her mark

In our presence and hearing, this 17th day of June, 1909, Matilda Everhart to us well known, signed and sealed the above and foregoing instrument and declared the same to be her last will and testament and we, the undersigned, in her presence and hearing, and in the presence of each other

Page 128

and at her request have hereunto subscribed our names as witnesses to and of said last will and testament, this 17 day of June, 1909.

/s/ Elva A. Yarling                                                 /s/ Frank Bass

State of Indiana, Shelby County SS:

            Be It Remembered that on the 11th day of March A.D., 1912 the 1st Judicial day of the March Term of the Shelby Circuit Court in said year come into open Cout, Will A. Yarling and produces in Court an instrument in writing purporting to be the last Will and Testament of Matilda Everhart, deceased, and now moves the admittance thereof to probate and record, and in proof of said Will introduces Frank Bass 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 17th day of June, 1909, he saw the said Matilda Everhart sign her name by mark to said instrument in writing as and for her last Will and Testament; and that this deponent at the same time, heard the said Matilda Everhart declare the said instrument in writing to be her last Will and Testament and that the said instrument in writing was at the same time at the request of the said Matilda Everhart and with her consent attested and subscribed by the said Frank Bass and Elva A. Yarling in the presence of said testator,  and in the presence of each other as subscribing witnesses thereto, and that the said Matilda Everhart 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 be-

Page 129

lieves, and further deponent says not.

/s/  Frank Bass

Sworn to and subscribed by the said Frank Bass before me Otto L. Coyle, Clerk of said Court at Shelbyville,, Indiana, the 12th day of March, 1912.

/s/  Otto L. Coyle, = Clerk  

Whereupon it is ordered and decreed by the Court that said instrument in writing purporting to be the last Will of Matilda Everhart deceased, is the last Will and Testament of Matilda Everhart, deceased, and is hereby admitted to probate and record in this Court.

/s/  Otto L. Coyle = Clerk

State of Indiana, Shelby County, SS:

            I, Otto L. Coyle, Clerk of the Circuit Court of Shelby County Indiana, do hereby certify that the within annexed Will and Testament of Matilda Everhart has been duly admitted to probate, and duly proved by the testimony of Frank Bass, one of the subscribing witnesses thereto, that a complete record of said Will and of the testimony of the said Frank Bass in proof thereof, has been by me duly made and recorded in Book 6 pages 127-128 & 129 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 11th day of March 1912.

/s/  Otto L. Coyle, Clerk,
Circuit Court Shelby County

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