Will and Probate of Sarah (Moore) Breeden Estate


Submitted by Phyllis Hill


Will of Sarah Breeden Probated 5th day of October 1898

Book 3, pp. 91-92

I, Sarah Breeden of Orange County and State of Indiana being of sound mind do make and publish this my last will and testament.

Item 1st It is my will that my just debts and all charges be paid out of my estate.

Item 2nd All the residue of my estate both real and personal be sold, and the proceeds thereof be equally divided between my five sons and three daughters, James S. Breeden, Zebulon Breeden, Tolbert Breeden, Isaac N. Breeden, Ulisses G. Breeden, Cordelia A. Evans, Salinda Wininger and Dora Clapp

Item 3rd I do nominate and appoint George W. Wininger, Jr. and Thomas J. Cave, Executors of this my last will and testament, hereby authorize and empower in them to sell my real and personal property by public or private sale as they may deem best. I do also authorize and empower to compromise adjust release and discharge in such manner as they may deem proper the debts and claims due me. I do also authorize and empower them to sell my real estate on such terms or otherwise as they may think proper and deeds to purchasers to execute acknowledge deliver in fee simple

In testimony hereof I have hereunto set my hand and seal this the 25th day of June 1898

Sarah x Breeden

Signed and acknowledged by said Sarah Breeden as her last will and testament In our presence and signed by us in her presence.

Robert J. Kirkland
Anna Hoggatt


State of Indiana Orange County, S.S.

Be it remembered that on the 5th day of October 1898 Robert J. Kirkland one of the subscribing witnesses to the within and foregoing last Will and Testament of Sarah Breeden late of said County deceased personally appeared before John A. Lingle Clerk of Orange County in the State of Indiana and being duly sworn by Clerk of said Court upon his oath declared and testified as follows, that is to say That on the 25th day of June 1898 he saw the said Sarah Breeden sign her name to said instrument in writing as and for her last Will and Testament and that this deponent at the same time heard the said Sarah Breeden declare the said instrument in writing to be her last Will and Testament and that the said instrument in writing was, at the same time, at the request of said Sarah Breeden and with her consent attested and subscribed by the said Robert J. Kirkland & Anna Hoggatt in the presence of said testator and in the presence of each other, as subscribing witnesses thereto, and that the said Sarah Breeden was, at the time of the signing 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 verily believe, and further deponent says not.

Robert J. Kirkland

Sworn to and subscribed by the said Robert J. Kirkland before me John A. Lingle Clerk of said Court at Paoli the 5th day of October 1898

John A. Lingle Clerk

In attestation Whereof I have hereunto subscribed my name and affixed the seal of said Court. John A. Lingle Clerk


The State of Indiana Orange County)S.S.

I, John A. Lingle Clerk of the Circuit Court of Orange County, Indiana, do hereby certify that the within annexed will and Testament of Sarah Breeden has been duly admitted to probate, and duly proved by the testimony of Robert J. Kirkland one of the subscribing witnesses thereto, that a complete record of said Will and of the testimony of the said Robert J. Kirkland in proof thereof has been by me duly made and recorded in Book 3 at pages 91 & 92 of the record of Wills of said County

In attestation Whereof, I have hereto subscribed my name and affixed the seal of said Court at Paoli this 5th day of October 1898

John A. Lingle Clerk
Circuit Court Orange County


ORDERS. ORANGE CIRCUIT COURT

Thursday, Jan. 25, 1900 Probate, 10th Day of Jan. Term 1900 Thursday Morning at 830 oclock

Court met pursuant to adjournment
Present same Judges as yesterday.

Thomas J. Cave and George W. Wininger 525 Exrs Will of Final settlement Sarah Breeden

Comes the Executors herein and present their final report which report read into the words and figures following to wit --

Executors Final Account

State of Indiana Orange County SS

Balance $453.27

State of Indiana Orange County SS

I Thos. J. Cave & Geo. W. Wininger Executors of the estate of Sarah Breeden deceased swear that the foregoing report contains a full and true account of all moneys and credits with which I am chargeable as such executors and credits in full for payment of same and now ask to be discharged from further trust as such Administrators. So help us God.

Thomas J. Cave
George W. Wininger

Subscribed and sworn to before me the 19 day of December 1899

Wm. Farrell Notary Public
My commission Expires Apl 23, 1902

And the Court having examined said report and the exhibits filed therewith finds that said report was filed and the day fixed by endorsement thereon at least three weeks prior to this date by the clerk of this court for hearing the same and the court further finds that said Executors gave due notice by publication in a public weekly newspaper of general circulation printed and published in the county and by posting at the Court House door for at least two weeks prior to the day so fixed by endorsement to the heirs and creditors of said estate and all others interested to appear in this court on the day so fixed and make proof of their heirship or claim to any part of said estate.

It is therefore ordered by the court that said report be and the same is hereby approved the credits claimed are allowed and the balance to be distributed to the legatees mentioned in the Will of the deceased Except Zebulon Breeden^who is found by evidence to be dead> said distribution being as follows to-wit. James S. Breeden $64.75,

Tolbert Breeden $64.75, Isaac N. Breeden $64.75, Ulisses G. Breeden $64.75, Cordelia A. Evans $64.75, Salinda Wininger $64.76, Dora Clapp $64.76. And the executors are now discharged from further duty or liability in the premises.


P. 268 In the Orange Circuit Court In the matter of the Estate of Sarah Breeden Deceased

Final Report

The Undersigned executors of the estate of said decedent respectfully submitted to said Court the following final Report of their proceedings as such executors of said Estate to- wit

We are chargeable with inventory of property $36.95
Face of note of T. J. Cave 25.25
Interest " " " .20
Face value of note of Davis & Davis 93.68
Interest " " " 1.87
Appraised value of Note of Emmons & Freeman 26.07
Collected in Excess of appraised value of note of Emmons & Freeman 14.24
Amount of Land Sale 490.00
Interest on land sale notes 7.40
Total charges 696.30

I also claim the following credits for sums by me laid out and expended in the Administration of said Estate to-wit.

Claxton & Collins Appraisers $ 1.00
J.A. Toliver 15.00
Dr. J.H. Seneff 54.00
Taxes 2.96
H. H. Polson 2.70
Smith & Claxton 24.25
E.E. Breeden 1.00
Rhodes Bros. 4.00
Taxes for 1899 9.17
E.S. Scott Clerks Cost & Printer 39.20
R.J. Kirkland 2.30
Deficit on sale bill 3.95
Wm. Farrell 25,00
Services of Cave as Executor 35.00
" " Wininger as Executor 15.00
Revenue Stamp for deed .50
John T. Stout 8.00
Total Credits $ 453.27

And this cause is now ended.