The Shemwell Family

Melinda Cosby - Will and Probate I, Melinda Cosby, of the County of Jefferson and State of Indiana, being weak in body, but of sound and disposing mind and memory, do make, ordain, publish and disclose the following as my last will and testament hereby revoking and rendering void all former wills by me at any time made. In the first place. I wish to be buried in a plain, decent and Christian like manner and according to my circumstances and situations in life. In the second place. I wish all my just debts, expenses of my last sickness and any burial and funeral to be paid as soon after my demise as possible. In the third place after the payment of my just debts, expenses of my last sickness and burial. I dispose of the balance of my property as follows to-wit: to my daughter Sarah Cosby I will my bequeath one hundred dollars in cash and the balance of my estate real personal or nixed, whether in possession or in reversion I will and bequeath my said daughter Sarah Cosby and to my two infant sons John Cosby and Joseph Cosby share and share alike and should either said Sarah, John or Joseph die witnessed issue then and in that case. I wish and desire that the survivors or survivor shall inherit the whole amount herein left to the three. To my other children to is wit: William, James, Malinda & Mary. I desire that they take no part and have no interest in my estate (they having married and give to themselves and having received at the time they left home what was considered their proportion of the estate) unless the said Sarah, John, and Joseph should all die without issue then and in that case I wish the property real or personal herein bequeathed to said Sarah, John, and Joseph to be divided equally among all and other children alive named or their descendants share and share alike. That is the child or children of a deceased child to take the share that their parent would have taken were he or she living. In testimony whereof I have herewit set my living and seal this 21 day of July A.D 1857. Melinda (seal – mark) Cosby. Signed, sealed, published and declared by the alive namely Malinda Cosby, as and for her last will and testament, in the presence of us, while in the presence of each other, and in the presence and at the request of said Malinda Cosby, leave hereunto subscribed as named as witnesses. James Park and William Nicholl. In the State of Indiana, Jefferson County: On this day appearing in my office James Park and William Nicholl the subscribing witnesses to the last will and testament of Malinda Cosby late of said county deceased, who being duly sworn as their oath say they saw the Malinda Cosby sign and seal the foregoing paper as her will, and that they subscribed the same, as witnesses, in the presence of each other, and in the presence and at the request of said Malinda Cosby: these depone to further say said Malinda Cosby was at the time making and executing said paper as her will, of full age to devise her property, and of sound mind and memory, and not under coercion and restraint, and that she did publish and declare the same to be her will, and further saith wit. James Park and William Nicholl Subscribed and sworn to before me, the second day of September 1857 John G Sering Clerk State of Indiana, Jefferson County. I John G Sering clerk of the Court and for the said County, do certify the forgoing to be a true copy of the last will and testament of Malinda Cosby late of said County, deceased, and of the certificate endorsed thereon from the original this day filed in my office, witness and being the 2 day of September 1857 John G Sering Clerk