Last will
of
James Cooper
I James Cooper do make this my last will.
Item 1. I give, grant and devise to my wife Jennie Cooper,
the quarter section of land upon which I now live, the same being the North East
quarter of Section seventeen Township twelve North of Range Six East in Shelby
County Indiana to have and hold the same in fee simple and I also give and
bequeath to her all my household and kitchen goods and furniture to have and
hold the same absolutely. If she accepts the provisions of this will made
for her, she shall not have any portion of my Estate other than what she takes
under this will.
Item 2. I give, grant and devise to my son William M. Cooper
all other Real Estate owned by me, wherever situated, and he shall have and hold
the same in fee simple.
Item 3. All other personal property owned by me and not disposed of in
item one of this will shall be sold of the proceeds I give and bequeath to my
brother George W. Cooper, three hundred dollars, and to my
nephew William K. Cooper two hundred dollars out of what
remains of the proceeds of such personal property after paying said bequests of
three hundred and two hundred dollars, there shall be paid all my just debts,
funeral expenses and the cost of settling my Estate, the balance, if any, shall
be divided equally between my said wife and my said son. If, after paying
said two bequests, there shall not remain, out of the proceeds of the sale of
said personal property, a sum sufficient to pay all my just debts, the expense
of my funeral and the costs of settling my Estate, then the balance of such sum
shall be furnished to my Executor equally by my said wife and my said son.
Item 4. I appoint my son, William M. Cooper, Executor of this my last
will.
In testimony
whereof I have hereunto set my hand and seal this the 21" day of November
1894 --
James Cooper {{ LS }}
Signed by the testator in our presence and by us in his presence at his request as witnesses and in the presence of each other this the 21" day of Nov. 1894.
Oliver Perry
Isaac Carter
The State of Indiana Shelby County SS.
Be it
remembered That on the 29" day of February 1896 Isaac Carter
one of the subscribing witnesses to the within and foregoing last will and
testament of James Cooper late of said County deceased, personally appeared
before J. W. Powers Clerk of the Circuit Court of Shelby
Count 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 21" day of November 1894 he saw the said James Cooper 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 James Cooper declare the said
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 James
Cooper and with his consent attested and subscribed by the said Oliver Perry and
Isaac Carter in the presence of said testator, and in the presence of each
other, as subscribing witnesses thereto, and that the said James Cooper 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 mend and memory and not under any coercion or restraint as the
said deponent verily believes and further deponent says not. That said
testator departed this life on the 24" day of November 1894 as the affiant
verily believes
Isaac Carter
Sworn to and subscribed by the said Isaac Carter before me J. W. Powers Clerk of said
court, at Shelbyville the 29" day of Febry 1896
J. W. Powers Clerk
In
attestation whereof I have hereunto subscribed my name and affixed the seal of
said court
J. W. Powers Clerk
State of Indiana Shelby County S. S.
I J. W.
Powers Clerk of the Circuit Court of Shelby County, Indiana, do hereby certify
that the within annexed will and testament of James Cooper has been duly
admitted to probate and duly proven by the testimony of Isaac Carter one of the
subscribing witnesses thereto that a complete record of said will and of the
testimony of the said deponent in proof thereof has been by me duly made and
recorded in book 3 page 252 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 this 29" day of Febry 1896.
J. W. Powers Clerk
Circuit Court Shelby County Indiana
Election of the Widow
Election of
the widow to take under will.
State of Indiana Shelby County
Shelby
Circuit Court Mch Term 1896
In the matter
of the
Estate of James Cooper dec'd.
I Jennie
Hendrickson formerly Jennie Cooper and widow
of James Cooper deceased do hereby elect to accept the provisions
made for me by said decedent in his will, being fully acquainted with the
provisions of said will in my behalf.
Jennie Hendrickson
State of Indiana Shelby County
Before me a
notary Public in and for said county came Jennie Hendrickson well known to me
and also known by me to be the widow of James Cooper deceased who acknowledged
the Execution of the foregoing instrument.
Witness my
hand and notarial Seal this the 21st day of Mch 1896.
{{ L S
}}
Isaac Carter Notary Public
Transcribed by Phyllis Miller Fleming
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