Last Will and Testament
of
Harry S. Downey, deceased
Know all men by These Presents that I, Harry Selwood Downey, of the city of Shelbyville, in the County of Shelby, and the State of Indiana, do make, publish and declare this to be my last will and testament, hereby revoking any and all others by me at any time heretofore made:
First: - I direct that my executrix hereinafter named shall pay all of my just debts and funeral expenses out of any money coming to her hands and inter my body at such place as she may select.
Second: - All of the rest and residue of my estate and property, whether real, personal or mixed, and wherever situated, I give, devise and bequeath to my beloved wife, Elizabeth P. Harshman-Downey, to be here in fee-simple, and absolutely to dispose of as to her shall seem fit.
Third: - I nominate and appoint my wife, Elizabeth P. HARSHMAN-DOWNEY, executrix of this will.
Witness my hand and seal this twenty-fourth day of July 1902.
Harry Selwood Downey Seal.
Signed by Harry Selwood Downey, the above testator, and by his declared to be his last will and testament in our presence and signed by us at his request and in his presence and in the presence of each other, this the twenty-fourth day of July 1902.
G. W. F. KIRK
Catherine V. WEAVER
State of Indian, Shelby County, SS:
Be it remembered, that on the 1st day of February, A.D., 1916 the 26 judicial day of the January Term of the Shelby Circuit Court in said year, came into open court Albert F. WRAY and produces in Court an instrument in writing purporting to be the last Will and Testament of Harry Selwood Downey, deceased, and now moves the admittance thereof to probate and record, and in proof of said Will introduced George W. F. Kirk on 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 24th day of July 1902 he saw the said Harry Selwood Downey 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 Harry Selwood Downey 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 Harry Selwood Downey and with his consent attested and subscribed by the said George W.F. Kirk and Catherine V. Weaver in the presence of said testator, and in the presence of each other, and as subscribing witnesses thereto, and that the said Harry Selwood Downey was, at the time of the signing and subscribing of said instrument in writing, as aforesaid, of full age (that is, more that 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.
George W.F. Kirk
Sworn to and subscribed by the said George W.F. Kirk before me Cecil B. Collins Clerk of said Court, at Shelbyville, Indiana, the 1st day of February 1916.
Cecil B. Collins Clerk.
Whereupon it is ordered, adjudged and decreed by the Court that the instrument in writing purporting to be the last Will of Harry Selwood Downey deceased, is the last Will and Testament of harry Selwood Downey, 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 Harry Selwood Downey has been duly admitted to probate, and duly proved by the testimony of George W.F. Kirk one of the subscribing witnesses thereto, that a complete record of said Will, and of the testimony of the said George W.F. Kirk in proof thereof, has been by me duly made and recorded in Book 7 at Page 95 & 96 of the record of Wills of said County.
IN ATTESTATION WHEREOF, I have hereunto subscribe my name, and affixed the seal of said Court, at Shelbyville Indiana, this 1st day of February 1916.
( SEAL ) Cecil B. Colllns Clerk
Circuit Court Shelby County
Transcribed by Vonnie Galusha
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