the last Will and Testament of
Richard  Cummins

          I  Richard  S. Cummins  of Shelbyville, in the county of Shelby, Indiana, do make and publish this, my last will and testament hereby revoking and making void all former will by me at any time heretofore made. First I direct that my interment and funeral be conducted in a mannere corresponding with my estate in Situation in life; And as to Such worldly estate as I am possessed of I dispose of the Same in the following manner towit: I direct first that all my just debts and funeral expenses be paid as soon after my decease as possible out of the first monies that shall come to the hands of my executors from any portion of my estate real or personal -- I also direct that a fair valuation or appraisement be made by three judicious Neighbors of all my said Estate, including any household furniture, and after being signed with their names that a copy of the same be given by them to each of my executors
          I direct that a final account of all things relative to the partnership existing between Henry H. Barker and myself be taken and after Satisfying all claims against said copartnership that a final division of all the profits and increase of said copartnership and all the affects and Stock on hand be made and that my executors convert such profits affects and stock together with all other my personal property (except such as is herein otherwise Specifically disposed of) into cash for the purpose of paying debts and of raising the legacies hereinafter Mentioned. I also direct that all the real estate of which I Shall die Seized or possed [sic] (except the lot or lots attached to, and on which my dwelling ouse Stable and out houses are Situated) Shall be sold by me executors for such a sum or sums as can reasonably be got for the same for cash or on such credit and the amount thereof secured in such manner as is usual in like cases, having regard to the incumbrances by Mortgage or otherwise on said estate, and to sell the same subject to or discharged of such incumbrances, in whole or in part as my executors Shall think fit --- And to effectuate this my intention, I hereby vest my executors withfull power and authority to dispose of my real estate in fee simple, or for a term of years or otherwise, in as full and ample a manner in every respect as I could myself do if living --- I hereby give and devise to my beloved wife, all that part of my real estate or lots or parcel of land attached to and adjoining and on which my dwelling house Stable and out houses are Situated, being on the North of, and adjoining the town of Shelbyville, with all the hereditaments and appurtenances thereto belinging --- I also give and bequeath to her all the personal property aor household --- furniture of every description now in, and used in and about furnishing my dwelling house, and also all my miscellaneous books ------ which real and personal property thus bequeathed to my said wife shall be in liew of her dower and portion allowed by law if she shall so elect ----- I next give and bequeath to my Brother Frederick P. Cummins Three Hundred dollars and my medical Library. And after the above legacies are Satisfied and paid in full -- I next give and bequeath to the oldest or such Child of my Sister Elizabeth Teal as shall first survive to the age of twenty one years to vest un such child at the time such child shall attain to that age the Sum of One Hundred and fifty dollars in land to be laid out by John Walker ----- and the said land together with the profits that may arise therefrom to be set apart for said child as aforesaid -- And if no such child of my sister Elizabeth Teal shall arrive to the age of twenty one years, then the above bequest to such child, shall go to, and vest in, my brother Frederick P. Cummins. I also give and bequeath to my Uncle Thomas Cummins  My gold watch, and any residue that may remain of my said estate I direct to equally divided between My wife, my Brother Frederick P, and the said Surviving child of my Sister Elizabeth above named subject to the contingency above mentioned ---

/s/ R. S. Cummins {{seal}}

          And I hereby make and ordain My friends John Walker and Royal Mayhew ------ executors of this my last will and testament --- In Witness whereof I Richard S Cummins the testator have hereunto set my hand and seal this twenty fourth day of February in the year of our Lord eighteen hundred and thirty eight
          Signed, Sealed, published and declared, by the above named Richard S Cummins as his last will and testament in the presence of us, who have hereunto Subscribed our names as witnesses thereto, in the presence of the said Testator and in the presence of each other

Vhs Conover
John Allen

State of Indiana    }
Shelby County ss  }
                                 Be it remembered that on the Third day of March in the Year Eighteen hundred and thirty-Eight personally appeared before me Sylvan B. Morris Clerk of the Probate Court of Shelby County aforesaid John Allen and Voorhees Conover of Lawful age and being by me duly Sworn upon oath say that they saw and heard Richard S Cummins Sign seal publish and declare the foregoing instrument of Writing as his last Will and Testament that he was of sound mind and memory at the time of its execution that they Signed their names thereto as Witnesses in his presence and at his request and in the presence of each other.

John Allen
Vhs Conover

Sworn to and Subscribed before me at my office in Shelbyville the day and year aforesaid

Sylvan B Morris Clerk          
Probate Court Shelby County

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