Last Will and Testament of
Sophia Smith
Know all men by these presents, that I Sophia Smith, being of sound mind, do make declare and publish this my last will and Testament, hereby revoking any and all other wills at any time heretofore made by me.
Item 1. I will and direct that all my just debts and funeral expenses, the expense of my last sickness and the administration of my estate be paid from my personal estate if the same be sufficient for that purpose.
Item 2. I will and bequeath any residue of my personal estate that may remain after the payment of the debts and charges mentioned in Item 1 above, to my beloved son Chalmers W. Fredrick, to be his absolute property, subject only to the payment of said debts and charges above mentioned.
Item 3. I will and devise to my said son Chalmers W. Fredrick in fee simple the following described real estate situated in Shelby County Indiana, to-wit: The east half of the South west quarter of section four (4) in Township eleven (11) North in Range six (6) east containing 80 acres more or less; in the event that my son shall be dead at the time of my death, then I wil and devise the above described eighty acres to
the children of my said son who may be living and the descendant s of any child who may be dead, the descendants of such deceased child to take the share which would have gone to the parent if living.
Item 4. I will and devise to my said son Chalmers W. Fredrick the following described real estate situated in Shelby County, Indiana to-wit: The West half of the South west qu rter of section four (4) in Township eleven (11) north in range six (6) east containing 80 acres more of less, for and during the term of his narural life only, and at his death I will and devise the said eighty acres tract above described to the children of my said son who may be then living and to the descendants of any child of his who may be dead, the said descendant to take the share which would have gone to such deceased child if living. If my said son shall not survive me, thene at my death I will and devise the
above described eighty acres tract in fee simple to the children of my said son then living and to the descendants of any child of his who may be dead in like manner as above provided for such descendants.
Item 5, I hereby nominate and appoint my said son Chalmers W. Fredrick as the Executor of this my last will and testament.
In witness whereof I have hereunto set my hand a seal this 12th day of
September 1912
Sophia Smith (SEAL)
The foregoing instrument is this day signed acknowledged and declared by the
above named Sophia Smith as her last Will and Testament in our presence together and is hereto signed by us in her presence and in the presence of each other and at her request as attesting witnesses thereto.
This Se ptember 12, 1912
Henry Schoelch
Albert F. Wray
State of Indiana, Shelby County, SS:
Be it remembered that on the 21st day of March, A.D., 1917 the judicial day of
the March Term of the Shelby Circuit Court in said Year, come into open court Albert F. Wray and produces inCourt an instrument in writing purporting to be the last Will and testament of Sophia Smith, deceased, and now moves the admittance thereof to probate and record, and in proof of said Will introduces himself, Albert F. Wray, one of the
subscribing witnesses thereto, sho being duly sworn by the Clerk of said court, declare and testifies as follows, that is to say: That on the 12th day of September 1912 he saw the said Sophia Smith sign her name to said instrument in writing as and for her last will and testament; and that this deponent, at the same time, heard the sad Sophia Smith
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 Sophia Smith and with her consent attested and subscribed by the said Albert F. Wray and Henry Schoelch in the presence of said testator, and in the presence of each other, as
subscribing witnesses thereto, and that the said Sophia Smith was, at the time of the signing and
subscriging of said instrument in writing, as aforesaid, 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.
Albert F. Wray
Sworn to and subscribed by the said Albert F. Wray before me Cecil B_
Collins
Clerk of the said Court at Shelbyville Indiana the 21stday of March, 1917
Cecil B. Collins, Clerk
Whereupon it is ordered, adjudged and decreed by the court that said instrument
in writing purporting to be the last will of Sophia Smith deceased, is the last Will and Testament of Sophia Smith, deceased, and is hereby admitted to probate and record in this Court.
Cecil B. Collins, Clerk
State of Indiana, Shelby County, SS:
I, Cecil B. Collins, Clerk of the Circuit Court of Shelby County,
Indiana, do hereby certify that the within annexed will and testament of Sophia Smith has been duly
admitted to probate, and duly proved by the testimony of Albert F. Wray one of the
subscribing witnesses thereto, that a complete record of said will, and of the testimony of
the said Albert F. Wray in proof thereof, has been by me duly made and recorded in Book
7 at pages 208 and 209 of the record of Wills of said County.
IN ATTESTATION WHEREOF, I have hereunto suvscribed my name, and affoxed the seal of said court , at Shelbyville, Indiana, this 21st day of March 1917.
Cecil B. Collins, Clerk
Circuit Court, Shelby County.
Transcribed by Jeanette Crane
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