Last Will and Testament
of
James K. Cherry
Page 10
Shelby County, State of Indiana
9 December 1911
Book 7 ~ Pages 10, 11, 12, 13
Codicil to Will
Book 7 ~ Pages 13, 14, 15
8 May 1915
I, James K. Cherry, of Shelby County, in the State of Indiana, do hereby make and publish this my last Will and Testament, hereby revoking all former wills by me made.
Item 1. It is my will and I direct that all my just debts, inclunding expenses of my last sickness and funeral be paid out of my estate.
Item 2. I hereby devise, give and bequeath to my beloved wife, Amelia M. Cherry, for and during her natural life, and for and during her natural life only, all of the property of which I die the owner, both Real Estate and personal property, including therein all life insurance to which my estate will be entitled upon my death, Provided, however, that it is my express wish and I hereby direct that my said wife shall not be required to render any account to any court of the use, management or control of any personal property as received by her under this will, nor shall she be required to execute any bond to account for the same, but that she shall have the right to use, manage and control the same as she may think best.
Item 3. I hereby devise, give and bequeath to my daughter, Florence M. Gunning, for and during her natural life, and for and during her natural life only, and subject to the life estate and interest hereinabove given to my said wife, Amelia M. Cherry, all of the Real Estate and personal property of which I die the owner.
Item 4. It is my will, and I hereby direct and provide that the remainder of said real estate in fee, and the unused principal of said personal property, shall go to and belong to the issue of said Florence M. Gunning living at the time of her death, Provided, that if said Florence M. Gunning shall die leaving no child or children or their descendants her surviving then said remainder of said real estate in fee and said
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unused principal of said personal property shall go to and belong in equal portions one-half to the collateral kindred of the testator, James K. Cherry, and one-half to the collateral kindred of said Amelia M. Cherry according to the law of descent.
Item 5. I hereby appoint my said wife, Amelia M. Cherry as executrix of this my last Will and testament, and I request and direct that she be not required to give bond as such executrix.
In witness whereof I have hereunto set my hand and seal at Shelbyville, in Shelby County, in the State of Indiana, this 9" day of December, A.D., 1911.
/s/ James K. Cherry { seal }
The foregoing will was signed, sealed and acknowledged by the said James K. Cherry in our presence, and was declared by him to be his last will and testament, and at his request and in his presence, and in the presence of each other, we now subscribed our names hereto as witnesses, and place our initials on the margin of each of the two pages of the said will for identification, this 9" day of December, A.D. 1911.
/s/ Isaac N. Cooper
/s/ Geo. H. Meiks
State of Indiana, Shelby County, SS:
Be it remembered, that on the 18 day of June, A.D., 1915 the 41" judicial day of the May Term of the Shelby Circuit Court in said year, come into open Court John W. Hachl and produces in Court an instrument in writing and purporting to be the last Will and Testament of James K. Cherry, deceased, and moves the admittance thereof to probate and record, and in proof of said Will introduces Isaac N. Cooper 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
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9" day of December, 1911, he saw the said James K. Cherry 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 K. Cherry 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 K. Cherry and with his consent attested and subscribed by the said Isaac N. Cooper and George H. Meiks in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said James K. Cherry 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 says not.
/s/ Isaac N. Cooper
Sworn to and subscribed by the said Isaac N. Cooper before me Cecil B. Collins, Clerk of said Court, at Shelbyville, Indiana, the 18 day of June 1915.
/s/ 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 James K. Cherry deceased is the last Will and Testament of James K. Cherry deceased, and is hereby admitted to probate and record in this Court.
/s/ 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 James K. Cherry has been duly admitted to probate and duly proved by the testimony of Isaac N. Cooper one of the subscribing witnesses thereto, that a complete record of said Will, and of the testimony of the said Isaac N. Cooper in proof
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Page 13
thereof, has been by me duly made and recorded in Book 7 at Pages 10, 11, 12, 13 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, Indiana, this 18 day of June 1915.
/s/ Cecil B. Collins, Clerk
Circuit Court Shelby County
{ seal }
CODICIL TO WILL
I, James K. Cherry, of Shelby County, in the State of Indiana, being of sound mind and disposing memory, and having heretofore executed my Last Will and Testament, bearing date of December 9, 1911, do now make publish and declare this to be a Codicil thereto.
Item 1. On account of the death of my beloved wife, Amelia M. Cherry, was was named as executrix of my said will I do now, nominate and appoint my friend, John H. Haehl, as executor of my said Last Will and Testament.
Item 2. I do hereby reaffirm all of the provision and conditions of my said Last Will and Testament, except such part thereof as shall have elapsed on account of the death of my said wife, Amelia M. Cherry.
In witness whereof I have hereunto set my hand and seal at the City of Shelbyville, Indiana, this 8 day of May, A.D. 1915.
/s/ James Cherry seal
The above and foregoing codicil to said Last Will and Testament was signed, sealed and acknowledged by the said James K. Cherry, as a codicil to his last Will and Testament, in our presence, and we at his request, and in his presence, and in the presence of each other, do hereby subscribe our names hereto as witnesses thereto. This 8th day of May, A.D. 1915.
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Page 14
/s/ Isaac N. Cooper
/s/ Geo. H. Meiks
State of Indiana, Shelby County, SS:
Be it remembered, that on the 18 day of June A.D. 1915 the 41 judicial day of the May Term of the Shelby Circuit Court in said year, come into open Court John H. Haehl and produces in Court an instrument in writing purportin to be codicil to the last Will and Testament of James K. Cherry, deceased, and now moves the admittance thereof to probate and record and in proof of said codicil to said Will introduces Isaac N. Cooper, 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 8th day of May 1915 he saw the said James K. Cherry sign his name to said instrument in writing as an for a codicil to his last Will and Testament, and that this deponent, at the same time, heard the said James K. Cherry declare the said instrument in writing to be a codicil to his last Will and Tetament and that this deponent, at the same time, at the request of the said James K. Cherry and with his consent attested and subscribed by said Isaac N. Cooper and George H. Meiks, in the presenece of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said James K. Cherry 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.
/s/ Isaac N. Cooper
Sworn to and subscribed by the said Isaac N. Cooper before me Cecil B. Collings, Clerk of said Court, at Shelbville, Indiana, the 18 day of June, 1915.
/s/ Cecil B. Collins, Clerk
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Page 15
Whereupon it is ordered, adjudged and decreed by the Court that said instrument in writing purporting to be a codicil to the last Will of James K. Cherry deceased, is a codicil to the last Will and Testament of James K. Cherry deceased, and is hereby admitted to probate and record in this Court.
/s/ 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 codicil to the Will and Testatment of James K. Cherry has been duly admitted to probate and duly proved by the testimony of Isaac N. Cooper one of the subscribing witnesses thereto, that a complete record of said Will and of the testimony of the said Isaac N. Cooper in proof thereof, has been by me duly made and recorded in Book 7 at Pages 13, 14, 15 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, Indiana, this 18 day of June, 1915.
/s/ Cecil B. Collins, Clerk
Circuit Court Shelby County { seal }
Transcribed by Antoinette Waughtel Sorensen
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