Will Book C, Pages 551-552

Last Will and Testament of Josephus Mitchell

             In the name of the Benevolent Father, I, Josephus Mitchell being now of sound and disposing mind and memory, but with a full knowledge of the uncertainty of life and the certainty of final dissolution, do hereby make and publish this, my last will and testament, herby revoking all former wills by me heretofore made.

             Item First: It is my will that as soon as is proper after my death my body be given interment in a manner suited to my rank and station in life avoiding all unnecessary extravagance and display.

             Item Second: It is my will that all my just debts and the expense of my last illness and funeral be paid as soon as the assets necessary to pay same can be realized from such estate as I may die seized of.

             Item Third: I will and bequeath to Margaret Mitchell, my beloved wife, all the property of which I may die seized, real, personal or mixed, subject to the payment of the charges mentioned in the second item herein.

             Item Fourth: Should my beloved wife depart this life prior to my leaving the same it is then my will and I will and bequeath to my three sons Lawrence G. Mitchell, Milten Ray Mitchell, and Tira M. Mitchell all the property I may hold and possess at the time of my death subject to payment as noted in Item Second hereof.

             Item Fifth: I hereby nominate and appoint my son Tira M. Mitchell as executor of this will having full faith in his ability to administer such estate as I may leave in a proper manner.

             WITNESS my hand and seal this first day of February, 1926.

                                                                                    Josephus Mitchell

             Signed and witnessed by us in the presence of the testator and in the presence of each other at the testator’s request, and signed by said testator in the presence of each of us before we have signed as witness.

                                                                                    F. B. Crim,
                                                                                    Carlos T. McCarty.

 
State of Indiana, Martin County, SS:

            Before me, Charles Sherfick Clerk of the Martin Circuit Court, personally came Carlos T. McCarty one of the subscribing witnesses to the foregoing last will and testament of Josephus Mitchell, late of Martin County, Indiana, deceased, and being duly sworn on oath says that he was present at the execution of said last will; that the same was duly executed, that at the time of the execution thereof, said testator was of full age to devise his property, of sound mind and memory and not under any coercion or restraint, that said testator requested the affiant, Carlos T McCarty and Frank B. Crim to sign said will as witnesses thereto which they accordingly did in the presence of said testator and in the presence of each other as subscribing witnesses thereto.

 
                                                            Carlos T. McCarty.

                         Subscribed and sworn to before me, this 13th day of October, 1928.

                                                            Charles Sherfick, Clerk.
                                                            By Kenneth L. Sherfick, Deputy.

 State of Indiana, Martin County, ss:

            I, Charles Sherfick Clerk of the Martin Circuit Court do hereby certify that the above and foregoing last will and testament of Josephus Mitchell, late of Martin County, Indiana, deceased, was this day duly admitted to probate and record, proof thereof duly made by Carlos T. McCarty and . . . . . . . . subscribing witness thereof, which said will, together with such proof, have been duly recorded in Record of Wills No. C, Page 551, in this office.

             WITNESS, my name and the seal of said court, this 13th day of October, 1928.   

                                                                         Charles Sherfick, Clerk.