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Last Will & Testament of Lewis Fisher


I Lewis Fisher, of  Parke County in the State of Ind. being of sound mind an disposing memory and being desirous of disposing of such earthly goods as a kind Providence has entrusted me with, before disease and old age shall hewn incapacitated me from so doing do make publish and declare this my Last Will and testament.

 Item 1st

It is my Will that all my just debts including funeral expenses be paid out of the first money which shall come unto the hands of my executors as herein after provided.

 Item 2nd

I will devise and bequeath unto my beloved wife Rebecca Hadley (Marshall) Fisher the home farm of 190 acres in said county on which I now reside together with all house hold and kitchen furniture, farming equiptment(?), and stock of all kinds which may be on my said farm or belonging to me at the time of my death for all during the term of her natural life and it is my desire that my two sons, Albert E. and Derwood B. Fisher shall have the care and management of said farm and personal property above mentioned during the life of my said wife rendering her a good and comfortable support there for during her life: Provided should my said sons or either of them fail or refuse to furnish to my said wife such comfortable support, or squander said property then in either event my said wife shall have the right to take the possession control and management of said property the Real and personal during her life.

 Item 3rd

On the death of my said wife Rebecca H. Fisher I will bequeath unto my two sons Albert E. and Durwood B. Fisher and my daughter Clarentine Fisher my said home farm of 190 acres together with what may remain of the personal property in item no.2 above subscribed to hewn and to hold the same to my said three children in fee simple share and share alike provided ____that said desire and bequeath is upon this express condition that the said Albert E. Durwood B. and Clarentine Fisher shall pay unto Amfield Havey my daughter One thousand Dollars, unto my daughter Ida M. Wright, One thousand Dollars, and unto Lena R. McCord, Edith McCord, Bertha McCord and Perley McCord, children of my daughter Angeline McCord deceased. Jointly one thousand dollars said sums to be paid with in five years from date of my said wife’s death and to ____six percent interest; which bequests are made a charge on said home farm and said personal property. And should any of my said grand children die unmarried and without issue then his or her share shall go to the survivor or survivors, Should any of my said children Albert E Durwood B and Clarentine Fisher die unmarried and with out issue then his or her share shall go to the survivors.

 Item 4th

I direct my executors her-in after name to sell at public or private sale and on such terms of credit as to then shall seem ____the following described land, situated in Parke County Indiana to wit:

Commencing at the South east corner of section 27 in Township 15 North range 8 West; thence North 60 rods. Thence West 240 Rods; Thence South 60 rods to the section line thence East to the beginning: and from the proceeds to pay all my debts including funeral expenses and expense of my last sickness. And should any sum remain after the payment of my said debts, I direct my executor to pay the remainder in equal proportions share and share alike to Lena R. Edith M. Bertha and Perley McCord jointly one share to Amfield Havey one share to Albert E. Fisher, one share to Clarentine Fisher, one share to Durwood B. Fisher one share and Ida W. Wright one share. I have left nothing to my son Edmund Fisher as I have advanced to him his full share in real estate.

Item5

I hereby nominate and appoint my son Albert E. Fisher and my friend Edward Bradfield Executors of this my last will land Testament herby revoking and all Wills by me at any time heretofore made.

In witness where of I have hereto set my hand this 10th day of August 1897.          

                                                                                                                L.W. Fisher

 

Signed and acknowledged by the testator Lewis Fisher as his last Will and testament in our presence and signed by us at his request in his presence and in the presence of each other all interlineations herein were made before signing by the testator. August 10, 1897

                                                                                                                Thomas N. Rice

                                                                                                                David H. Maxwell

______________________________________________________________________________

Proof of Death and Will

State of Indiana Parke County SS :

                                Thomas N. Rice being duly sworn upon his oath deposes and says that Lewis W. Fisher departed this life on the 28 day of March 1898 and further says ___

Subscribed and sworn to before me this 5th day of April 1898

State of Indiana . Parke County :

                                On the 5th day of April 1898. Thomas N. Rice personally appeared before the clerk of the Parke Circuit Court and being duly sworn says that Lewis Fisher signed his name to the above writing of date of 10 day of August 1898 as and for his last will and that the same was attested and subscribed by said affiant and David H. Maxwell as witness there to in the presence of said testator and by his request, and that said testator declared the same to be his last will and that said testator was not at the time of executing said will and infant or of unsound mind or under coers.

                                                                                                                Thomas N. Rice

Subscribed and sworn to before me this 5th day of April 1898. Attest the hand and seal of office of said clerk the date last aforesaid.

                                                                                                                J.E. Harshberger Clerk

Certificate of Probate

State of Indiana , Parke County ;

I J.E. Harshberger, Clerk of the Parke Circuit Court certify that the within last will of Lewis Fisher Late of said county, deceased has been duly admitted to probate that its due execution was this day proved by Thomas N. Rice whose proofs together with such will have been duly recorded on page 353 of record No. 4 of Wills in our office.

In witness where of I have hereunto set my hand and affixed the seal of said court this 5th day of April 1898.

 


Submitted by Amy Berga

As transcribed from FHL Film #2209575