Last Will and Testament
of
Daniel R. Smith
I, Daniel R. Smith of Shelby County Indiana hereby make this my last will and Testament.
First - It is my will that at my death my Executor shall pay all my Just debts and funeral expenses and expenses of settling my Estate.
Second - I give and bequeath to my wife Amanda L. Smith all my property both real and personal, of every kind and description for and during her natural life and in case any of the real estate shall be required for her support then in that event she shall have the power to sell the same and use from the proceeds derived from said sale all that is necessary for her support, and sustenance, but it is my will that she shall first use all the personal property of which I die siezed and exhaust the same, before any of my real Estate shall be sold as above provided; and whatever of said fund derived from the sale of said real Estate that shall not be required for immediate use as above stipulated, shall be loaned on 1st Mortgage security, and the residue thereof together with whatever other property shall remain shall be distributed as hereinafter provided at her death, it is my will that my said wife shall have the right to use any or all of said fund or funds if the same shall be necessary for her support and sustenance for and during her natural life.
Third - Should any of my property remain after the death of my said wife, it is my will that the sum of Fifty Dollars shall be paid to my nephew, and namesake Daniel H. Fritts, and should there be any of my said Estate remaining after satisfying this request of Fifty Dollars the the residue thereof, of whatever nature I give and bequeath to my brothers and sisters, surviving and the heirs of those that are dead or that are living at my decease, said brothers and sisters to take share and share alike and the heirs of those that are dead to take the interest share and share alike that would go to said deceased brother or sister if living at my decease - Except that no part thereof go to my brother Andrew J. Smith or his children, or their descendents.
Fourth - I hereby appoint my friend and brotherinlaw John Hoop My Executor and my nephew David Smith the attorney to assist in settling my estate.
Daniel R. Smith
Subscribed by said Daniel R. Smith in our presence, and by him declared to be his last Will and attested by us as such in his presence and in the presence of each other This 27th day of September 1909.
John Hoop
David Smith
State of Indiana Shelby County SS.
Be it remembered that on the 3rd day of July A.D. 1914, the 53rd Judicial day of the May Term of the Shelby Circuit Court in said year come into open Court David Smith and produces in Court an instrument in writing purporting to be the last Will and Testament of Daniel R. Smith deceased and now moves the admittance thereof to probate and record and in proof of said Will introduces John Hoop one of 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 27" day of September 1909, he saw the said Daniel R. Smith 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 Daniel R. Smith 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 Daniel R. Smith and with his consent attested and subscribed by the said John Hoop and David Smith, in the presence of said testator and in the presence of each other, as subscribing witnesses thereto, and that the said Daniel R. Smith 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 believes and further deponent says not.
John Hoop
Sworn to and subscribed by the said John Hoop before me Otto L. Coyle Clerk of said Court at Shelbyville Indiana the 3rd day of July 1914.
( SEAL ) Otto L. Coyle Clerk
Whereupon it is ordered, adjudged and decreed by the Court that said instrument in writing purporting to be the last Will of Daniel R. Smith deceased is the last Will of Daniel R. Smith deceased and is hereby admitted to probate and record in this Court.
( SEAL ) 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 Daniel R. Smith has been duly admitted to probate and duly proved by the testimony of John Hoop one of the subscribing witnesses thereto, that a complete record of said Will and of the testimony of the said John Hoop, in proof thereof, has been by me duly made and recorded in Book 6 at pages 469-470-471 of the record of Wills of said Court.
In Attestation Whereof I have hereunto subscribed my name and affixed the seal of said Court at Shelbyville Indiana this 3rd day of July 1914.
( SEAL ) Otto L. Coyle Clerk
Transcribed by Barb Huff
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