Will of John A. Lindley
Book 3
Pages 320 and 321
Dated October 23, 1909
Proved June 26, 1911
(From Paula Lindley-Butler - I read and photographed this will on
February 12, 2010. I will mention, to
make it easier to figure out which John A. Lindley this is, that according to
his biography from Goodspeed’s - he first married Nancy Hollowell on February
22, 1854 and from that union 8 children were born of which only Isabel, Nathan,
Martha, Homer, and Catherine were living at the time the biography was written.
He second married Mary C. Hutchler on December 18, 1869 and to them 5 children
were born of which only Axum, Lucius, and Rufus were living at the time the
biography was written. In the will it
lists his wife Alice, who must be Debora Alice Newlin who he is listed as
marrying on November 15, 1900 in the Orange County Marriage Records. I left spelling of all namess as it was in
his biography.)
Last Will and
Testament of John A. Lindley
I, John A. Lindley,
at this time a resident of Orange County, in the State of Indiana, and, being
of sound and disposing mind and memory, do make, publish and declare this to by
my last will and testament, hereby revoking all former wills by me made.
Item #1. It is my desire that
as soon after my death, and as soon as my Executors, hereinafter named, have
sufficient funds on hand with which to pay the same, that they pay all my just
debts, including the expense of my last sickness and burial, and the cost of
the administration of my estate.
Item #2. It is my desire, and I
hereby direct my Executors hereinafter named, that they shall erect a suitable
stone at my grave, expending therefor, the sum of One Hundred and no/100
Dollars ($100.00).
Item #3. I give and bequeath to
my beloved wife, Alice Lindley, in lieu of her rights by descent or otherwise,
in my personal and real estate, the sum of Sixteen Hundred and no *100 Dollars
($1600.00), a part or all of which, she may take of my estate, at the appraised
value thereof, after the same has been inventoried and appraised by my
executors hereinafter named.
Item #4. All the residue of my
estate, both personal and real, I give, device and bequeath to my children
Nathan Lindley, Martha Atkinson, Homer Lindley, John Exum Lindley Lucus B.
Lindley and Rufus Lindley, share and share alike, subject however to
advancements heretofore made by me, which were made to the following named of
said children, and in the amounts named after each of said names, to-wit:- To
Nathan Lindley the sum of Two Hundred thirty and no/100 Dollars ($230.00); To
Homer Lindley the sum of Fifty and no/100 Dollars ($50.00); To John Exum
Lindley the sum of Three Hundred and no/100 Dollars ($300.00); To Lucus B.
Lindley the sum of Six Hundred and Fifty and no/100 Dollars ($650.00); and to
Rufus Lindley the sum of Four Hundred and no/100 Dollars ($400.00).
Page #2 of Will of
John T. Lindley. (from Paula Lindley-Butler,
this must have been the original page break of the will before it was recorded,
however, you can plainly see that this must be a typo where it lists his middle
initial as T.)
Item #5. I constitute and appoint my sons Nathan
Lindley and John Exum Lindley, Executors of this Will, and I request that they
procure the service of Will J. Buskirk, Attorney of Paoli, Indiana, to assist
them in the administration of their trust herein given.
Item #6. I hereby empower said Executors with full power to, after first
having my estate, personal and real, inventoried and appraised, to sell and
convey said estate, personal and real, at public or private sale, and on such
notice and terms as they may deam expedient, without first procuring an order
of any court authorizing such sale. And
after they have converted my said estate into cash, I direct them to carry out
Item One, Two, Three, and Four of this Will.
Witness my hand and seal this 23”
day of October, 1909, at the town of Paoli, Orange County, Indiana.
John A. Lindley, Seal).
The foregoing
instrument, signed, sealed and acknowledged by said John A. Lindley, as and for
his last Will and Testament in our presence and in the presence of each other,
at his request have subscribed our names as witnesses thereto, this 23rd.
day of October, 1909. Mabel
L. Buskirk.
George F. Ham.
The State of Indiana,
Orange County, SS:-
Be it remembered, That on the 26th.
day of June, 1911, George F. Ham one of the subscribing witnesses to the within
and foregoing last Will and Testament of John A. Lindley. late of said County,
deceased, personally appeared before Charles T. Brown, 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 23” day of October,
1909, he saw the said John A. 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 A.
Lindley declare the said instrument in writing to be his last Will and
Testament, and that the said instrument in writing was, at the same time, at
the request of the said John A. Lindley and with his consent attested and
subscribed b the said Mabel L. Buskirk and George F. Ham in the presence of
said testator and in the presence of each other, as subscribing witnesses
thereto, and that the said John A. 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. George F. Ham.
Sworn to and
subscribed by the said George F. Ham before me, Charles T. Brown, Clerk of said
Court, at Paoli, Indiana, the 26th. day of June, 1911.
In attestation whereof, I have
hereunto subscribed my name and affixed the seal of said court. Charles
T. Brown, Clerk.
The State of Indiana,
Orange County, SS:-
I, Charles T. Brown, Clerk of the
Circuit Court of Orange County, Indiana, do hereby certify that the within
annexed Will and Testament of John A. Lindley has been duly admitted to
probate, and duly proved by the testimony of George F. ham one of the
subscribing witnesses thereto, that a complete record of said Will, and of the
testimony of the said George F. Ham in proof thereof, has been by me duly made
and recorded in Book #3, at pages 320 and 321 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 26th.
day of Jen, 1911.
Charles T. Brown, Clerk Circuit Court Orange County.
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