Current Orange County time and temperature
Will of John T. Lindley
Book 3
Pages 283 thru 285
Dated January 1, 1908
Proved April 10, 1908, April 30, 1908
(I read and photographed this will on February, 12, 2010. I left all
spelling as it was in the document. I
have his first wife as Hester A. Elrod and all children mentioned in the will
by her, except Faith, who I have by Rebecca V. Throop. –Paula Lindley-Butler)
The last Will And
Testament of John T. Lindley.
I, John T. Lindley of
Paoli Township, in the County of Orange and the State of Indiana do make and
publish my last will and testament hereby revoking all former wills by me
made.
Item 1. It is my will and desire and I hereby direct
that all my just debts and legal liabilities, including the expense of my last
sickness and funeral expenses of the settlement of my estate be paid out of my
personal estate.
Item 2. I, give and
bequeath to my wife, Rebecca V. Lindley the following personal property,
to-wit; My carriage and harness, my two bay mares, Fannie and Bird, the two
Jersey cows, Grace and Rose, her choice of four black cows, four heifers
calves, four small steer calves, three sows, so much of my household goods and
furniture as she sees proper to keep, also the binder, wheat drill, Manure
spreader and the small two horse wagon, And also eight hundred dollars in money
to be paid to her out first money into the hands of my executor.
Item 3. I give and
bequeath to my daughter Faith T. Lindley, my Gray mare, Stella, The youngest ( Charlie Brown ) heifer calf.
Item 4. I give and
bequeath to my son Raymond H. Lindley the Jersey Cow, called Lillie.
Item 5. I give and
bequeath to my son Samuel Benton Lindley, the white cow, called Butter Cups.
Item 6. I will and
direct that the residue of my personal not herein before bequeathed and disposed
of be sold at public sale, by my executor herein after nominated and appointed
upon such terms as to him sees best.
Item 7. I will and
devise to my two daughters, Anna M. Hudelson and Lulu F. Brown, the following
described real estate in Orange County in the State of Indiana; a part witness,
Elwood Brown.
John T.
Lindley
Item 7. Continued.
Of Section fourteen
(14) and eleven (11) in township two (2) north of range one (1) west bounded as
follows; Beginning at the northwest
corner of the north east quarter of aforesaid section fourteen and running
thence South 187 rods, thence east 115 rods, thence north parallel with the
West line of said quarter section, to the middle of the “Dry Bed of Lost
River”, thence down the middle of said Dry bed to the West Line of the South
east quarter of the aforesaid section eleven (11) thence north along said line
to a point 36 rods north of the south line of said section, thence south 39
degrees West 15.36 rods to a sugar tree marked X, and which is 18 inches in diameter,
thence South 35 degrees West 8.28 rods to a stone marked X thence South 5
degrees east 3.24 rods to a beech tree marked X X, 12 inches in diameter thence
South 14 degrees east 6.80 to a beech tree marked 6 and 22 inches in diameter,
Thence South 14 degrees east, 7 rods to the South Line of said section and
thence east along said Line 12.88 rods to the place of beginning, containing
142 acres. more or less.
Item 8. I will and
devise to my daughter Faith T. Lindley, a part of the south west quarter of
section thirteen (13) in township two (2) north of range one (1) west bounded
as follows. Beginning at the north west
corner of said south west quarter and running thence south 80.80 rods, thence
east 63.19 rods, thence north 16 rods; thence east 65 rods to the west bank of
the Dry Bed of Lost River, thence north along the West bank of said Dry Bed to
the north line of said quarter section and thence West along said line to the
place of beginning, containing fifty two (52) acres more or less.
Item 9. I will and
devise to my son Samuel Benton Lindley, a part of the south east and south west
quarters of section thirteen (13) in township two (2) north of range one (1)
west bounded as follows; Beginning at the south east corner of the north west
quarter of said section and running thence east 8.65 rods, thence south 80.80
rods, thence west 47 rods, thence north to the corner of the land herein before
devised to Faith T. Lindley, thence north along the West bank of the Dry Bed of
Lost River to the north lined of aforesaid south west quarter of said section,
and thence east along said line 52 rods to the place of beginning, containing
26 ½ acres, more or less.
And also a part of
the north east quarter of section fourteen (14) in the same township and range,
bounded as follows, to-wit; Beginning
at the north east corner of said section, and
running thence West 28.75 rods to the “Old Indian Boundary Line”, thence south
along said line to the middle of the Dry Bed of Lost River, thence up the
middle of said dry bed to the east line of said section and thence north along
said line to the place of beginning containing five and one four (5 ¼) acres
more or less.
Item 10. I will and
devise to my wife Rebecca V. Lindley and to my son, Raymond H. Lindley the
residue of my real estate net herein before devised and which is described as
follows, to-wit; A part of section fourteen (14) in township two (2) north of
range one (1) west, bounded as follows, viz; Beginning at the south west corner
of the north west quarter of section thirteen (13) in the same township and
range, and running thence south 80.80 rods, thence west 66.81 rods, thence
north 54.80 rods, thence west 18.44 rods, to the line of the land herein before
devised to Anna M. Hudelson and Lulu F. Brown, thence North along said line to
the middle of the Dry Bed of Lost River thence up said Dry Bed to the east line
of said section fourteen (14) and thence South along said line to the place of
beginning, containing one hundred and eighteen acres more or less. And Raymond H. Lindley is to pay Samuel B.
Lindley $550.00 and Faith T. Lindley fifty dollars making $600.00 he is to pay
the two of them, to equalize his share.
Item 11. I hereby
nominate and appoint my son Samuel Benton Lindley executer of this my last will
and testament with full power to compromise and collect any and all claims due
me and with full power to compromise and settle any and all claims that may
arise or come up against me estate, and to sell all my personal property not
herein bequeathed and disposed of at public sale and upon such terms as to him
may seem best.
In Witness Whereof I
have hereunto set my hand and seal this first day of January 1908 and I hereby show that the above will
is written two collered inks and is on two sheets of paper both of which I have
signed.
John T.
Lindley. (Seal).
Signed by John T.
Lindley this first day of January, 1908 in our presence and signed by us in his presence and at his
request and in the presence of each other, And said John T. Lindley said the
same was his Last Will and Testament.
Elwood
Brown
Bloomer
Lane Witnesses.
The State of Indiana,
Orange County, Ss;
Be It Remembered,
That on the 10th day of April, 1908 Bloomer Lane one of the
subscribing witnesses to the within and foregoing Last Will and Testament of
John T. Lindley late of said County, deceased, personally appeared before John
P. Riley Clerk of the Circuit Court of Orange 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 the first day of January, 1908 he
saw the said John T. Lindley sign his name to the said instrument in writing as
and for his Last Will and Testament; and that this deponent at the same time,
heard the said John T. Lindly John T. Lindley declare the said instrument in
writing as and for his Last Will and Testament, and that the said instrument in
writing was, at the same time, at the request of the said John T. Lindley and
with his consent attested and subscribed by the said Bloomer Lane and Elwood
Brown in the presence of said testator and in the presence of each other, as
subscribing witnesses thereto, and that the said John T.Lindley was, at the
time of the 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
verily believes and further deponent says not.
Bloomer Lane.
Sworn to and
subscribed by the said Bloomer Lane before me John P. Riley Clerk of
said Court, at Paoli
Indiana, the 10th day of April, 1908.
In Attestation
Whereof, I have hereunto subscribed my name, and affixed the seal of said
Court.
John
P. Riley, Clerk.
The State of Indiana,
Orange County, Ss;
I, James P. Riley,
Clerk of the Circuit Court of Orange County, Indiana, do hereby certify that
the within annexed Will and Testament of John T. Lindley has been duly admitted
to probate, and duly proved by the
testimony of Bloomer Lane one of the subscribing witnesses thereto, that a
complete record of said Will, and of the testimony of the said Bloomer Lane in
proof thereof has been by me duly made and recorded in Book 3 at Pages of the record
of Wills of said County.
In Attestation
Whereof, I have hereunto subscribed my name and affixed the seal of said Court
at Paoli, Indiana, this 10th day of April, 1908.
State of Indiana,
Orange County,
In
the Orange Circuit Court, April Term, 1908.
In the matter of the
last will and testament of
John T. Lindley, late of Orange County, deceased.
I, Rebecca V. Lindley, widow of John T. Lindley, deceased, do hereby elect to take under the will of my late husband, and do hereby accept the provisions made for me by the terms of said will.
Rebecca
V. Lindley
State of Indiana,
Orange County,
Before me, William J.
Throop, a Notary Public, within and for said County and State aforesaid,
Rebecca V. Lindley, widow of John T. Lindley, deceased, acknowledged the
execution of the annexed instrument of writing for the purposes and conditions
therein stated; this 30th, day of April, 1908.
Witness my hand and
notarial seal this 30th, day of April, 1908.
William J. Throop, Notary Public
My commission expires
November 18, 1908.
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