Will of Thomas E. Lindley 

Book 3
Pages 106 and 107
Dated February 26, 1900
Proved March 29, 1900 

Courtesy of Paula Lindley-Butler

(From Paula Lindley-Butler- I read and photographed this will on February 12, 2010 at the Paoli Courthouse in Paoli, Indiana.  All of my information on this Thomas E. Lindley shows that he was Thomas Elwood Lindley the builder of the Thomas Elwood Lindley House in Paoli that was deeded to the Orange County Historical Society in 1974 by H. Carl Thompson, great-great-grandson of Thomas Elwood Lindley.  I have seen other people’s family histories where they have taken a Thomas E. and interpreted his middle name as Elwood and attributed him to the Thomas E. that built the house.  They have different children and a different name for his wife than I do. I have him listed as married to Mahala Newsom.  There may have been other Thomas Elwood’s, but I believe that this is the one they talk about as having built the house, due to the fact that in Item 2 he lists his two daughters and one of them is Alma A Thompson.  If anyone has any information that is different than mine, please let me know)

Last Will and Testament of Thomas E. Lindley

I Thomas E. Lindley of the County of Orange in the State of Indiana being in feeble health but of sound and distinguishing mind do make and publish this my last will and testament.

Item 1.  It is my will and I hereby ? that all my just debts, funeral expenses and expenses of last sickness be paid as hereinafter provided.

Item 2.  I hereby will and devise unto my two daughters Alva A. Thompson and Ada M. Lindley all the real estate I now own to have and to hold in fer? Simple as tenants in ? and in equal share: Upon the following conditions.  They said Alva A. Thompson and Ada M. Lindley are to pay off the note of six hundred dollars given by me and Charles C. Thompson to John Maris? On which there? Is still due something over four hundred dollars.  They are also to pay to my son, their brother Francis T. Lindley two hundred dollars.  They to have the right and privilege to sell and convey or in any other way dispose of said real estate at any time they may desire after my death.

Item 3.  I give and bequeath to my son Francis T. Lindley two hundred dollars in full of his share in my real estate I having heretofore advanced to and paid for him the sum of thirteen hundred dollars (1300.00).  The two hundred dollars to be a lien upon my said real estate, but my two daughters are to have one year after my death in which to pay said sum of two hundred dollars to said Francis T. Lindley and without any administration of my estate.

Item 4.  I give and bequeath to my said children Francis T. Lindley Alva A. Thompson and Ada M. Lindley all my personal property which may be left at my death after paying my debts, funeral expenses and expenses of last sickness share and share alike.

I Thomas E. Lindley do hereby sign acknowledge publish and declare this to be my last will and testament this 26 day of February AD. 1900 hereby revoking all former wills by me made

                                                            Thomas E. Lindley (seal)

Signed by Thomas E. Lindley in my presence and by him acknowledged and declared to be his last will and testament and signed by us at his request in his presence and in the presence of each other this 26 day of February 1900

                                                            Laban Lindley

                                                            William J. Throop

The State of Indiana Orange County ss.

Be it remembered that on the 29 day of March 1900.  William J. Throop one of the subscribing witnesses to the ? and forgoing last will and testament of Thomas E. Lindley late of said County deceased personally appeared before Elijah S. Scott 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 Twenty sixth day of February 1900 he saw the said Thomas E. Lindley 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 Thomas E. 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 at the request of the said Thomas E. Lindley and with his consent attested and subscribed by the said William J. Throop and Laban Lindley in the presence of said testator and in the presence of each other as subscribing witnesses thereto and that the said Thomas E. Lindley was 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.                                                      William J. Throop

Sworn to and subscribed by the said William J. Throop before me Elijah S. Scott Clerk of said Court at Paoli the 29 day of March 1900.  In attestation whereof I have hereunto subscribed my name and affixed the seal of said Court

                                                            Elijah S. Scott Clerk

The State of Indiana Orange County ss.

I Elijah S. Scott Clerk of the Circuit Court of Orange County Indiana do hereby certify that the ? ? Will and Testament of Thomas E. Lindley has been duly( unreadable 5 words) proved by the testimony of William J. Throop one of the subscribing witnesses thereto ? a complete record of said Will and of the testimony of the said William J. Throop in Proof hereof has been by me duly made and recorded in book 3 at pages 106 & 107 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 this 29 day of March 1900.

                                                            Elijah S. Scott Clerk                                              
                                                           Circuit Court Orange County  

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