Will and Testament
of
Henry Sims
I Henry Sims of the County of Shelby and State of Indiana , being of lawful
age, and sound mind and memory, do make and publish this my last Will and
Testament, hereby revoking any and all former wills by me made.
Item 1. It is my desire and I hereby direct that as soon after my death as
the same can conveniently be done, all my just debts and funeral expenses
shall be paid out of the assets of my Estate.
Item 2. It is my desire and I direct that as soon after my death as it can
conveniently be done, my executor hereinafter named shall collect all debts
and demands due and owing to my estate, and he shall also sell all my real
estate of which I may die seized, either at public or private sale, that he
may secure the best price therefor, thereby converting the same into cash for
my estate and when all my estate shall have been converted into cash, as
herein provided, my executor shall pay all debts claims, funeral expensese,
expenses of Administratives and Court cost in the settlement of my estate.
Item 3. I being the father of six children there being four sons and two
daughters, and I having already made advancements to each and all my sons and
helped them and each of them to the ful extent that my estate will allow, it
is my will and I thereby will and devest to my daughter Lucy Gullion of the
state of New York all the rest and residue of my estate after the payment of
all debts, costs and expenses as above provided with this qualification
thereon however: my other daughter Susan Sims before her marriage, but who is
at this time married but whose married name aside from Susan is unknown to me
at this time, being in failing health, it is my desire that my said daughter
Lucy Gullion, shall use of the property given her by this will, any part
thereof not exceeding the one-half if it shall become necessary for the
comfort and support of my said daughter Susan or such part thereof as may
become necessary is only to be used by Lucy, for the necessary comforts of
life for the said Susan in case she shall be inflected (?) by her husband or
in case he shall die leaving said Susan without propert means of support, and
in case there be any or all the property, that may be used for the benefit of
my said daughter Susan, left at her death, then the same shall be the
absolute property of my said daughter Lucy as first above provided for in
this item above.
Item 4. I hereby nominate and appoint as the Executor of this my last Will
and testament my friend Cameron J. Linfers(?).
In Witness Whereof I have hereunto signed my name by mark and affixed my seal
this 6th day of May 1911.
his
Henry X Sims { Seal }
mark
Signed by said Henry Sims by mark in our presence as his last Will and
Testament, and by each of us in his presence and in the presence of each
other at his special instance and request, this 6th day of May. A.D. 1911.
David L. Wilson
Joseph B. Schoentrup
State of Indidna Shelby County SS:
Be it remembered that on the 10th day of July 1911 David L. Wilson and Joseph
B. Schoentrop the two subscribing within as to the contents(?) and foregoing
the last Will and Testament of Henry Sims, late of said county, deceased,
personally appeared before Otto Doyle, Clerk of the Circuit Court of Shelby
County in the State of Indiana, and being duly sworn by the said Clerk upon
their oaths declared and testified as follows: that is to say that on the 6th
day of May, 1911, he saw the said Henry Sims sign his name by mark to the
said instrument in writing as and for his last Will and Testament; and that
this deponent, at the same time, heard the said Henry Sims, 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 Henry
Sims and with his consent attested and subscribed by the said David J. Wilson
and Joseph B. Schoentrup in the presence of said testator, and in the
presence of each other as subscribing witnesses thereto, and that the said
Henry Sims was at the time of the signing and subscribing of said instrument
in writings 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.
David J. Wilson
Joseph B. Schoentrup.
Sworn to and subscribed by the said David J. Wilson and Joseph B. Schoentrup
before me, Otto L. Doyle, Clerk of said Court, at Shelbyville, the 10th day
of July 1911.
In Attestation Whereof I have hereto subscribed my name, and affixed the seal
of said County.
Otto L. Coyle,
Clerk, Shelby Circuit Court.
See: Probate of Wills, Order Book 60 - page 197
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