Will Bk 2, p. 440-441-442. Office of Orange Co. Recorder LAST WILL OF BENJAMIN CARROLL At a regular term of the Orange Circuit Court begun and held at the Court House in the town of Paoli Orange County, Indiana, on Monday the 13th day of June 1892, Present Hon. Samuel B. Voyles Judge of the 42nd Judicial Circuit of the State of Indiana, and Ex officio Judge of said court. Be it remembered that on Wednesday the 22nd day of June 1892, the same being the 9th Judicial day of the June Term 1892 of said court, the following proceedings were had in said court, towit: James R. Carroll Jesse Clements et al 2386 vs To contest probate of will of Benjamin Carroll. Rebecca Carroll James W. Carroll et al Come again the parties by their attorneys as heretofore, and the court being sufficiently advised upon the verdict of the jury and upon the special interrogatories and answers thereto filed on yesterday, renders the following judgment. It is ordered and decreed by the court that the will of Benjamin Carroll, deceased, in words and figures following: Know all men by these presents that I, Benjamin Carroll, of Jackson Township, in the County of Orange and State of Indiana, a farmer, being in ill health, but of sound and disposing mind and memory, do make and publish this my last will and testament. And as to my worldly estate and all the property real and personal or mixed, of which I shall die seized and possessed, or to which I shall be entitled at the time of my decease, I devise, bequeath and dispose thereof in the manner following, to wit: First: My will is that all my just debts and funeral expenses shall by my executors hereinafter named, be paid out of my estate as soon after my decease as shall by them be found convenient. Item: I give, devise and bequeath to my grandson Thomas Hickman Carroll, now six years old, eighty acres of my land or the proceeds thereof, said tract of land to be of average value of the rest of my land per acre. Second: I give and bequeath to my five living children, to wit: James W. Carroll, Benjamin Carroll Jr., Hickman Carroll, Joseph W. Carroll, and Sarah Jane Painter, and their children, all the remaining part of my real estate situate in Orange and Crawford Counties, in the State of Indiana, to have and to hold the same to their several use and behoove forever. I devise and bequeath to my following named grand children to wit: Elizabeth Painter, Thomas Clement, Jesse Clement, Polly Clement and Jane Clement, all the children of my daughter Nancy Clement, now deceased, each fifty dollars, to be paid them out of my personal effects by my executors as soon after my decease as they may deem convenient. I give and devise to my other following named grand children to wit: Nancy Ann Byers, James R. Carroll, and Letty J. Kimmel, all the children of my deceased son John Carroll, ten dollars each to be paid them out of my personal effects by my executors as soon after my decease as they may deem convenient. I devise and bequeath to my other grand child to wit: Sarah Jane Gilpatrick the child of my deceased daughter Betsy Gilpatrick, one hundred dollars, to be paid out of my personal effects as soon after my decease by my executors as they may deem convenient. I devise and bequeath to my following named grand child to wit: George Carroll, the youngest son of my deceased son Isaac Carroll, ten dollars, to be paid by my executors out of my personal effects as soon after my decease as they may deem convenient. I further devise and bequeath all that my remain of my personal effects after the several amounts are paid to my grand children hereintofore named, to be divided equally by my executors as soon after my decease as they may deem convenient, between my grandson Thomas Hickman Carroll, my sons James W. Carroll, Benjamin Carroll Jr., Hickman Carroll, Joseph W. Carroll, and my daughter Sarah Jane Painter. And lastly, I do nominate and appoint William T. Swift and Josiah Whitmire to be the executors of this my last will and testament. In testimony whereof, I the said Benjamin Carroll have this my last will and testament contained on one double sheet of legal cap: paper, to which I have subscribed my name and affixed my seal this fifteenth day of November in the year of our Lord one thousand, eight hundred and eighty two. His Benjamin X Carroll Mark Signed, sealed and published, and declared by the said Benjamin Carroll as and for his last will and testament in the presence of us, who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto Attest: Josiah Whitmire Attest: John Overlin Attest: John Dilliard Be and the same is declared probated, and that it was duly executed and the same is in full force and of legal effect according to its tenor as the will of decedent. And William T. Swift being the executor of said will, willing to qualify, he is ordered to fill sufficient bond with the clerk in the sum of $16000.00 conditioned according to law, as such executor, and to qualify within 30 days from this date as such executor, and his letters as administrator as heretofore appointed as executor, he must make and fill a full, true and accurate account of all assets received and paid out and on what account, and until his account is so filed, his bond as administrator is not discharged. It is further considered by the court that the contestees recover of the plaintiffs (contestants) all their costs and charges laid out and expended. (Record Signed) Samuel B. Voyles, Judge State of Indiana Orange County SS: I, John A. Lingle, Clerk of the Circuit Court within and for said County and State, hereby certify the above and forgoing to be a full, true and complete copy of the judgment of said court in the above entitled cause admitting said will to probate, as the same appears of record in the office of said clerk. In testimony whereof, witness my hand and the seal of said Court, this 7th day of July 1892. John A. Lingle, Clerk Orange Circuit Court.