Will Book C, Pages 7-9

 Last Will and Testament of Phillip Hotz

 In the name of the Benevolent Father of all, I Phillip Hotz do make and publish this my last Will and Testament.

 1st Give and devise to my beloved son William and Mary [Tyler] all the household goods, and provisions, and 1 cow, 1 hog, and all farming implements, the said William Hotz to pay the interest on the mortgage Six Dollars, and Ten Dollars to John Crook and the taxes and after all the debts is paid, then the residue of the estate to be equally divided between my beloved sons, Alexander Hotz, Robert L. Hotz, Killion A. Hotz, James R. Hotz. William M. Hotz, and Mary [Tyler] the farm on which I reside, South West South East Section (35) Town (4) Range (4) South East, South West, Section (35) Town (4) Range (4) containing eight acres, more or less.

 I do hereby nominate and appoint Robert L. Hotz and James R. Hotz, Executors of this my last Will and Testament, hereby authorizing, and empowering them to compromise, adjust, release and discharge in such manner as they may deem proper, the debts and claims due me.

 I do authorize and empower them if it shall become necessary in order to pay my debts to sell by private sale or in such manner, upon such terms of credit or otherwise, as they think proper, all or any part of my Real Estate, and deed to purchaser, to execute acknowledge and deliver in fee simple.

 I do hereby revoke all former Wills by me made. In Testimony hereof, I have hereunto set my hand and seal this 27 January 1896.                Phillip Hotz  (Seal)

 Signed and acknowledged by said Phillip Hotz in our presence, and signed by us in his presence.

                                                                        William Sims (Seal)

                                                                        Tomas J. Clinton (Seal)

 The State of Indiana, Martin County, SS:

Be it Remembered, that on the 13th day of February 1896, Thomas J. Clinton one of the subscribing witnesses to the within and foregoing last Will and Testament of Phillip Hotz late of said County, deceased, personally appeared before the Judge of the Circuit Court of Martin County in the State of Indiana and being duly sworn by the Judge of said Court, upon his oath, declared and testified as follows: that is to say; that on the 27th day of January 1896, he saw the said Phillip Hotz sign his name to said instrument in writing as and for his last Will and Testament, and that this deponent at the same time heard the said Phillip Hotz declare the said instrument in writing to be his last his last Will and Testament, and that the said instrument in writing was at the same time at the request of the said Phillip Hotz, and with his consent attested

and subscribed by the said Thomas J. Clinton, in the presence of said testator, and in the presence of each other as subscribing witnesses thereto, and that the said Phillip Hotz was at the time of the signing and subscribing of said instrument in writing as aforesaid, of full ages (that is more than twenty one years of age), and of sound mind and memory, and not under any coercion or restraint, as the said deponent verily believes, and further deponent says not.                                                                                                                        Thomas J. (his mark) Clinton

 Sworn to and subscribed by the said Thomas J. Clinton before me Clerk of said Court at West Shoals the 13^th day of February 1896.

 (Seal)                                                                           Geo. W. Gates Clerk

 In attestation whereof, I have hereunto subscribed my name, and affixed the seal of said Court.

 State of Indiana, Martin County, SS:

I Geo. W. Gates, Clerk of the Circuit Court of Martin County, Indiana, do hereby certify that the within annexed Will and Testament of Phillip Hotz has been duly admitted to probate, and duly  proved by the testimony of Thomas J. Clinton, one of the subscribing witnesses thereto, that a

complete record of said Will, and of the testimony of the said Thomas J. Clinton, in proof thereof has been by me duly made and recorded in book “C” at pages 7, 8, & 9 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 West Shoals this 13th day of February 1896.

                                                                         Geo. W. Gates

(Seal)                                                               Clerk Circuit Court Martin County