Will of Owen Lindley 

Book 2
Pages 191 and 192

Dated May 26, 1871
Proved August 19, 1871

 (I read and photographed this will at the Paoli Courthouse, myself, on February 5, 2010, Paula Lindley-Butler)

I Owen Lindley of Orange County and state of Indiana being of sound mind and memory but knowing the uncertainty of life and the certainty of death and being desirous of disposing of my personal real estate which may remain mine at my death do hereby make and publish this as my last will and testament and hereby revoking all other wills ever made by me as follows to wit.

 Item First.  My will and desire is that all my just debts and funeral expenses and the expenses of my last sickness be first paid out of the personal estate.

 Item Second.  I will and bequeath to my beloved wife Mary Lindley all my household and kitchen furniture also my Roan mare if said mare is living at my death, if not living then any other horse or mare that I may own at that time which she may choose also one cow & calf her choice which I may own at my death also One Thousand Dollars in money to be used as she may need to be paid her out of my personal estate by my executors herein after appointed in this my will also all the poultry that may be on the place where I now live and expect to die.

 Item Third.  I give and bequeath to Henry Lindley, Joseph Lindley, William Lindley and James Lindley my four sons and to Amy Trueblood one of my daughters Two Hundred Dollars each in money to be paid to them by my executors or retained by them out of my personal estate.

 Item Fourth.  I give and bequeath to  my daughter Deborah Tarr wife of Jonathan P. Tarr Five Hundred Dollars as her full share of my estate both real and personal estate which sum of Five Hundred Dollars to remain in the hands of my executors to be paid out to her as her absolute necessities require to be judged of by my executors and if at her death any portion of said Five Hundred Dollars be left that the same shall go to the children of said Deborah Tarr which sum of Five Hundred Dollars to be raised from my personal property including notes and money if not sufficient in the other personal property.

 Item Fifth.  I give and bequeath to Amy Trueblood one of my daughters the following tract of land in Orange County Indiana to wit.  The North West quarter of the North East quarter of Section Twenty Three (23) in Town Two (2) North of Range one (1) West.

 Item Sixth.  I give and bequeath all the residue of my personal and real which I may own at my death as follows to Henry Lindley Joseph Lindley William Lindley, James Lindley and Amy Trueblood my sons and daughter named above to be equally divided between them after the same is sold as herein after provided and the proceeds of sale to equally divided instead of the land itself.  And I wish desire and I hereby authorize my executors herein after appointed to sell all my real and personal estate which I may have at my death at either at public or private sale as my executors think fit.  This authority to include all the lots that I may have in the town of Orleans Orange County Indiana.  Any and all tracts or personal (personal is crossed out) parcels of land that I may have in Orange County or Martin County Indiana and any other lands that I may own at my death which not otherwise herein bequeathed.

 Item Seven.  I hereby nominate and appoint my two sons William Lindley and James Lindley executors for this my last will and testament with all the power and authority that I can give them by the force and effect of the will and testament of my father William Lindley deceased as far as it refers to my brother Jonathan Lindley if he shall be living at my death.

 In witness whereof I have hereunto set my hand and seal this 26^th day of May 1871.

                                                                        Owen Lindley [seal]

Signed sealed and delivered (delivered crossed out) acknowledged before us and we acknowledge the same at the tutors request and in his presence and in the presence of each other                                                       John R Simpson

                                                                        John T. Lindley

                                                                        Samuel Gullett?

                                                                        Arthur J. Simpson

The State of Indiana Orange County SS.?

            Be it remembered that on the nineteenth day of August A.D. 1871 Samuel Gullett? and John T. Lindley Two of the subscribing witnesses to the foregoing last will and testament of Owen Lindley late of said county deceased personally appeared before John L? Mcgeritty? clerk of the court of common pleas of Orange County in the state of Indiana and being duly sworn by the clerk of said court upon their oaths and testified as follows to wit. that is to say that on the 26^th day of May A.D. 1871 they saw the said Owen Lindley sign his name to said instrument in writing as ? for his last will and testament and that these deponents at the same time heard the said Owen 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 and place at the request of the said Owen Lindley and with his consent attested? and subscribed by the said Samuel Gullett? John T. Lindley John R. Simpson and Arthur J. Simpson in the presence of said testator? and in the presence of each other as subscribing witnesses thereto and that the said Owen Lindley was at the time of 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 did not render? coercion or restraint as the said deponents? verify believe and further deponents? say not

                                                            Samuel Gullett?  John T. Lindley

Sworn to and subscribed by the said Samuel Gullett? and John T. Lindley before me John L.? Mcgerrity? clerk of said court at Paoli this nineteenth day of August A.D. 1871.  In testimony whereof I have here unto subscribed my name and affixed the seal of said court

                                                                        John L.? Mcgerrity Clerk

State of Indiana

County of Orange SS?

                        I John L.? Mcgerrity? clerk of the court of common pleas for the county of Orange in the state of Indiana do certify this foregoing to be a true and complete record of the last will of Owen Lindley and of the proofs and attestations of Samuel Gullett? and John T. Lindley two of the subscribing witnesses thereto taken in the probate of said will

                        Witness my hand this 19” day of August A.D. 1871

                                                            John L.? Mcgerrity? Clerk

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