Last Will and Testament of
Michael T. Fisher
I, Michael T.
Fisher, being of sound mind and disposing memory, do hereby make,
publish, and declare the following as and for my last will and testament, hereby
revoking and annulling all former wills by me at any time heretofore made,
publishes, and declared as follows to-wit.
Item 1. I hereby direct my executor hereinafter named and constituted to pay out of the funds of my estate, all my just and lawful debts including the expenses of my last illness and funeral and of the execution of this will.
Item 2. All the rest and residue of my property remaining after the payments provided for in Item 1 hereof I give, devise, and bequeath to by beloved wife, Emily Fisher for and during the term of her natural life only and direct that my son Henry E. Fisher continue to cultivate and care for my farm for his said mother as he is now doing for me, and so as long as they shall agree and that the farming implements, stock and tools be used by him and my said wife for said purpose and that no public sale be had thereof but I give my said wife power to sell any part of such personal property from time to time as she may see fit, the provisions hereof being intended to be taken by her in full of all her rights in and to my estate.
Item 3. At the death of my said wife Emily Fisher, I give, devise, and bequeath all of my estate, real and personal, except such parts of my personal estate as shall have been sold and consumed by her to my children Jonathon O Fisher, Lula Stansfield, Myrtle Fisher, Willie S. Fisher, Noah Fisher, Zella Herrell, Henry E. Fisher, and Jesse C Fisher, share and share alike, in fee simple and absolutely, and I direct that said personal property and real estate be then sold under order of the proper court, for the highest and best price obtainable and the proceeds thereof, after paying the costs and expenses of said sale be divided among my children aforesaid in equal shares as aforesaid provided that if any of my said children shall have died prior to the death of my said wife, leaving children, then the share of such deceased child shall have left no child him surviving, then such division shall be made aforesaid among my remaining children share and share alike.
Item 4. I hereby nominate and appoint my son, Henry E. Fisher executor of this will. IN WITNESS THEREOF, I hereunto set my hand and seal this 28th day of Aril, 1918.
Michael T. Fisher SEAL
Carl F. Payne, SEAL
Claborn Scott SEAL
State of Indiana, Shelby Co, SS.
BE IT REMEMBERED, that on the 21st day of May, 1918 Claborn Scott one of the subscribing witnesses to the within and foregoing last will and testament of Michael T Fisher late of said county, deceased, personally appeared before the judge of the Circuit Court 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 28th day of April 1918 he saw the said Michael T. 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 Michael T Fisher declare the said instrument in writing to be his last will and testament, and the said instrument in writing was at the same time, at the request of Michael T Fisher and with his consent attested and subscribed by the said affiant and one Carl F. Payne in the presence of said testator, and in the presence of each other as subscribing witnesses thereto, and that is 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, and that said testator died on May 17th, 1918.
Sworn to and subscribed by the said Claborn Scott before me Gordon Thurston Clerk of said court at Shelbyville, the 21st day of May, 1918.
Gordon Thurston. Clerk.
In ATTESTATION whereof, I have hereunto subscribed my name and affixed the seal of said court.
SEAL Gordon Thurston
State of Indiana, Shelby County, SS
I, Gordon Thurston, Clerk of the Circuit Court of Shelby County, Indiana, hereby certify that the within annexed will and testament of Michael T Fisher has been duly admitted to probate and duly proved by the testimony of Claborn Scott, one of the subscribing witnesses thereto, that a complete record of said will and the testimony of the said Claborn Scott, in proof thereof, has been by me duly made and recorded in book 7 at pages 308 of the records of wills of said county.
IN ATTESTATION, I have hereunto subscribed my name and affixed the seal of said court, at Shelbyville, this 21st day of May 1918.
SEAL Gordon Thurston
Clerk Circuit Court Shelby County
Transcribed by Cynthia Snyder
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