Page 103
Last Will and Testament
of
Martha Elizabeth Byers
City of Shelbyville,
County of Shelby, State of Indiana
Book 7 ~ Pages 99 & 100
10 March 1916
I, Martha Elizabeth Byers of the city of Shelbyville, 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 hereby direct and provide that as soon as practicable after my death the executer of this my last will and testament shall reduce and convert into cash, all property, both personal and real, owned by me at the time of my death, and, of the proceeds thereof he is hereby directed, authorized and empowered to make the following dispositions.
1. He shall first pay the cost and expenses of my last sickness and burial, and also the cost and expenses of administering my estate.
2. He shall pay all other just debts owing by me, including the reimbursement of my son Albert T. Byers and my daughter Cora M. Bronson, for all sums of money by them or either of them furnished to me or paid out for my use and benefit. Provided that in the event that either of my said children shall die prior to the time of my death, then the heirs-at-law of such deceased child shall receive out of my estate any sum or sums of money that may have been furnished by me or paid out for my benefit, by such deceased child.
3. The residue of the funds derived from the sale of my said property shall be paid by my said executer, to my said son, Albert T. Byers, and my said daughter, Cora M. Bronson, share and share alike.
Item 2. If neither of my said children are living at the time of my death, then I direct that my said property shall go to my grandchildren then living, share and share alike, subject to the provisions of provisions "1" and "2" of Item 1 of this will, provided, further, that if I leave me surviving neither of my said children, nor any grand children, then I give and bequeath the residue of my property remaining after the payment of my debts and obligations to the First Christian Church of the City of Shelbyville, Indiana.
Item 3. I hereby appoint my son, Albert T. Byers, as executor of this my last will and testament.
In witness whereof I have hereunto set my hand and seal, at the City of Shelbyville, Shelby County, in the State of Indiana, this 7" day of January A.D. 1915.
/s/ Martha E. Byers { SEAL }
The foregoing will was signed, sealed and acknowledged by the said Martha Elizabeth Byers in our presence, and was declared by her to be her last will and testament, and at her request, and in her presence, and in the presence of each other, we now subscribe our names hereto as witnesses, and for the purpose of identification attach to each page the initials of our names, this 7" day of January, A.D. 1915.
/s/ Binnie T. Smith
/s/ George H. Meiks
State of Indiana, Shelby County, SS:
Be it remembered, That on the 10th day of March, A.D. 1916, Geo. H. Meiks one of the subscribing witnesses to the within and foregoing last Will and Testament of Martha E. Byers late of said County, deceased, personally appeared before Cecil B. Collins clerk of the Circuit Court of Shelby County, 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 7th day of January 1915 he saw the said Martha E. Byers sign her name to the said instrument in writing as and for his last Will and Testament, and that the said instrument in writing was, at the same time, at the request of the said Martha E. Byers and with her consent attested and subscribed by the said Binnie T. Smith and George H. Meiks in the presence of said testator, and in
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Page 100
the presence of each other, as subscribing witnesses thereto, and that the said Martha E. Byers 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 deponent verily believes, and further deponent says not.
/s/ Geo. H. Meiks.
Sworn to and subscribed by the said Geo. H. Meiks before me, Cecil B. Collins, Clerk of said Court, at Shelbyville, the 10th day of March 1916.
IN ATTESTATION WHEREOF, I have hereunto subscribed my name, and affixed the seal of said Court.
{ SEAL } /s/ Cecil B. Collins Clerk Shelby Circuit Court
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 Martha E. Byers has been duly admitted to probate, and duly proved by the testimony of Geo. H. Meiks one of the subscribing witnesses thereto, that a complete record of said Will, and of the testimony of the said Geo. H. Meiks in proof thereof, has been by me duly made and recorded in Book 7 at Pages 99 & 100 of the record of Wills of said County.
IN ATTESTATION WHEREOF, I have hereunto subscribed my name, and affixed the seal of the said Court, at Shelbyville, this 10th day of March 1916.
{ SEAL }
Transcribed by Antoinette Waughtel Sorensen
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