John Smith's Will

I John Smith of Floyd County, Indiana do make and declare this to be my last will and testament.
First: I direct that my just debts and funeral expenses be paid.
Second: I give and devise to my daughter Martha A. Smith, One Thousand Dollars.
Third: I will and devise to my children Mary Lizzie Minnick, Dixon P. Smith, Theodore Smith, 
Martha A. Smith, James H. Smith, Nancy J. Kingery, Marion D. Smith, Philip R. Smith and 
Rebecca P. Smith, each one-tenth of my estate, real, personal and mixed after the payment 
of the legacy mentioned in the second item, subject however to the payment of the following 
advancements made by me to them respectively to wit: Dixon P. Smith, One Hundred (100) Dollars; 
Theodore Smith Two Hundred (200) Dollars; James H. Smith One Hundred (100) Dollars; Martha 
A. Smith One Hundred (100) Dollars; Rebecca P. Smith One Hundred (100) Dollars; Nancy J. Kingery
One Hundred (100) Dollars; Philip R. Smith One Hundred (100) Dollars; Mary Lizzie Minnick Two 
Hundred (200) Dollars, which sums will be deducted from their shares respectively.
Fourth: I will and devise to my son James H. Smith is trust for my daughter Julia E. Riley she being 
of unsound mind, and not capable of managing her own business, the other tenth(10th) part of my 
estate as aforesaid, with the provise however that if she, my said daughter Julia shall be fully restored 
to reason, then and in that event the said trustee shall surrender to her the full control of her said share, 
and she shall have and take the same absolutely. but should she die without recovering her reason, then
 and in that event, said trustee shall pay to Zora Riley, child of my said daughter Julia E. the sum of 
One Hundred (100) Dollars, When she arrives at the age of twenty-one years; and the balance of said 
trust shall go equally to my other nine children as aforesaid. But in no event shall my son-in-law the 
husband of my daughter, Julia E. Riley, have anything to do with any part of my estate, or of that so 
devised to his said wife. And I hereby authorise and empower my said son, James H. Smith, as such 
trustee, to take full control and management of, and to sell the interest devised to my said daughter 
Julia E., if he deems it advisable so to do. And to excute and deliver deed or deeds or other 
instruments of writing in the premises, without the intervention of any court.
Fifth: And I especially direct that should any of the legatees to my estate, under the will, attempt to 
set aside or break this my will, that the person or persons so doing shall take nothing whatever of 
my estate.
Sixth: I hereby nominate and appoint my sons Philip R. Smith and James H. Smith, excutors 
of this my last will and testment, hereby revoking all wills by me heretofore made.
Witness my hand and seal this 20th day of December 1895

John Smith  (seal)

Signed, sealed and acknowledged by the said John Smith, as his last will and testment in our 
presence. and signed by him in our presence, and at his request and in the presence of each other.
William W. Tuley
Marion W. Smith