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Susan Fussell's Will

January 30, 1886

   Know all men that I Susan Fussell of Spiceland, Henry County, Indiana do make this my last will and testament, hereby annulling any and every will made by me previous to this.
   Article #1: It is my will and I hereby direct my executor to pay all my just debts and my funeral expenses out of first money that may come to her hand out of my estate after my decease.
   Article #2: It is my will and I hereby give and bequeath to my dear sister Ada Fussell all my property both personal and real, after the fulfillment of article first, except as here-in-after devised.
   Article #3: I hereby give and bequeath to my dear sisters Ada and Ella J. Fussell in-trust, for the use and benefit of Maggie Newell, the sum of five hundred dollars. But should the said Maggie Newell die before the said sum is exhausted then the remainder shall revert to my estate, and the heirs of said Maggie Newell, shall not inherit any part or portion thereof and I hereby commit to the care and custody of my above named sisters this dear child Maggie Newell, and ask that they be approved to the said trust without bond, and I wish that Maggie Newell may feel that this sum is my bequeath to her as an expression of my love and affection for her and on account of her weakness and infirmity.
   Article #4: I hereby nominate my dear sister Ada Fussell my executor, and ask that she be appointed to the trust without bond.
               Signed: Susan Fussell {SEAL}
   We whose names are hereunto subscribed witnessed the signing of the will by Susan Fussell this 30th day of January 1889.
               Martha E. Brown {SEAL}
               Josiah P. Bogue {SEAL} The State of Indiana, Henry County SS:
   Be it remembered that on the 1st day of August 1889 Josiah P. Bogue one of the subscribing witnesses to the within and foregoing last will and testament of Susan Fussell, late of Henry County, deceased, personally appeared before me, Clerk of the Circuit Court of Henry 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 30th day of January 1889, he saw the said Susan Fussell sign her name to said instrument in writing as and for her last will and testament, and that the said instrument in writing was, at the same time , at the request of the said Susan Fussell and with her consent attested and subscribed by the said Josiah P. Bogue and Martha E. Brown in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said Susan Fussell was at the time of 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 believes and farther deponent says not.
               Signed: Josiah P. Bogue
Affirmed and subscribed by the said Josiah P. Bogue before me, Benjamin S. Parker, Clerk of said Court, at New Castle, the 1st day of August 1889
               Signed: Benjamin S. Parker, Clerk
In attestation whereof, I have hereunto subscribed my name, and affirm the seal of Said court.
               Signed: B. S. Parker {SEAL}

UEB 2005

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