Will of William Lindley

Book 1

Dated December 22, 1835

Proved March 7, 1837

[from Paula Lindley-Butler – I cleared up several things from reading this will.  First, many people had her name as Amy, yet in the DAR index for his will it says he mentions his wife Annie.  I don’t believe it says Annie, I believe it says Amie.  Second, most people list a Thomas Samuel as his son, due to this same index of the will.  However, when you read the will you will see that it plainly lists Thomas and Samuel as two separate sons.  Third, the will plainly lists Sally Lee and Amie? Harned (her tombstone says Amy) as two of his daughters, and these girls are sometimes listed as Sarah Lee and Emmy or Annie Harned.  Fourth, it says in the index that his grandson Thomas is mentioned, however it mentions a grandson David, son of Thomas.] ( I read and photographed this will myself at the courthouse on February 5, 2010 )

 
In the name of God amen !  I William Lindley of the county of Orange in the state of Indiana being of sound mind and ? ? memory and that from the course of events all mankind ? die is an evident and undeniable fact, being therefore convinced of the certainty of death and of the uncertainty of the hour of its arrival and in as much as it hath seeming pleased the High Ruler of the universe to bless me in this life with an estate both real and personal.  I do therefore conceive it a duty I owe to myself, my conscience, my posterity to justice and to God to make some legal disposition of all of my estate of whatsoever kind or quality it may consist as follow.  It is my will and desire that all my just debts be first paid at the direction of my executors hereinafter mentioned.  Item – I bequeath unto my wife Amie the farms on which I now reside with all and singular its afo. pertainances thereto belonging or in any-wise appertaining to have & to hold to her and her ? during her natural life also, the household and kitchen furniture eighty head of cattle of her own selection and two head of horses also to be taken of her own option and choice, also fifteen head of hogs and as many sheep which said hogs and sheep may be chosen and transferred to her by my executors also all grain hay & bacon that my be found in my possession? at my decease or of which I may have died legally seized this same shall vest in my beloved wife absolutely and also all the farming utensils also, her said saddle and also the sum of fifty dollars in money and so it understood, that in order to prevent? and difficulty that may arise in relation to the coustruction of the bequeath herein made to my wife, that it is my intention that all the estate that? is conveyed to her shall not be subject to conditions but the same shall vest in her absolutely except so much thereof as relates to the land.  Item -  I give and bequeath to my son Thomas the sum of fifty dollars to be paid to him by my executors at my decease or within a reasonable time thereafter.  Item – I give and bequeath unto my son Samuel the sum of fifty Dollars to be paid to him after the manner and direction of the bequest to Thomas.  Item – I give and bequeath unto my son James the sum of fifty dollars to be paid to him after the manner and according to the direction immediately preceding this.  Item – I give and bequeath unto my son Owen the sum of fifty dollara to be paid to him after the manner and according to the direction of the bequest to James immediately preceding hereto.  Item – I give and bequeath to my son William the sum of fifty dollars to be paid to him according to the manner and direction of the bequest to Owen immediately preceding this, that is to say, the legacy herein bequeathed to Thos., Samuel, James, Owen and William shall fall upon the principle of the legacies to Thomas as it regards the manner and direction of the fragment thereof all of which said legacies and bequeath of the aforesaid five sons when consolidated make the sum of two hundred and fifty dollars in which said sum last aforesaid there shall be an equal dividend when my sons towit: Thomas, Samuel, James, Owen, & William shall take share and share alike.  Item – I give to my sons David and Jonathan the sum of six hundred dollars each and also to each of them a bed with all ? bedding thereto attached.  The ? ? six hundred dollars for each shall be paid by executors to the  trustee hereinafter mentioned and the said bed and necessary bedding to be selected by their trustee hereinafter mentioned.  It is also my will and desire that the land on which I now reside shall at the decease of my wife be sold by my executors on such credits as may ? their discretion think most advantageous to the increase or arising from such sale after the same shall have come into the hands of such Executors shall be ? at interest which said interest arising annually from the purchase money shall ? unto hands of the trustees of the said Jonathan and David, for the ? ? and maintainance of the said Jonathan & David during their natural lives and I  do hereby appoint my Ex, hereinafter named as Trustee for the said Jonathan and David.  Item – I give and bequeath to my daughters, Sally Lee, Mary Lee, and Annie Harned the sum of one dollar each to be paid with a reasonable time after my decease.  Item – I give and bequeath to my daughters Grace Wilkins the interest on two hundred dollars to be paid annually to her and until her son John or her son William shall arrive at the age of twenty-one at which time the said sum of two hundred dollars shall be paid out in ? and fertile lands for the said John and William who shall permit others of the said heirs of the said Grace who may be in existence at the time to enjoy equally with them in the lands to be purchased both in little use and occupancy at which time to wit the coming of age of either of those two sons John the elder and William (at this time the younger) the interest on the said sum of two hundred dollars shall to the said Grace forever cease.  It is my will and desire that all the residue of my estate not herein bequeathed be sold by my executors and the money arising from such sale be equally divided between all my children and that the sum of six hundred dollars each to my sons David and Jonathan be placed at interest for their benefit upon the ? sale of the money arising from the sale of the land as in this will mentioned and in the same manner and the interest only to the same appropriate to their support and maintainance during natural life.  And lastly I do hereby nominate constitute and appoint my sons Owen and William Lindley and my grandson David Lindley of Thomas Ex. of this my last will and testament hereby revoking all other wills by me made in testimony whereof I have hereunto set my hand and affixed my seal on this 22 day of Dec. 1835- witness

Wm. Smith

David Lindley                                                               William Lindley (Seal)

 
                        Be it ? that on the 7th day of March 1837 the last will and testament of William Lindley dec. produced to me Tho. ? Thomton? clerk of the Probate Court of Orange County Indiana by Owen Lindley one of the executors therein named and proved in due form of law by the oath of David Lindley one of the subscribing witnesses? thereto.

                                                                        ?

                                                                                    Tho. V. ? Thom ?

(I left spelling as is in the will, and where it really wasn’t legible, I put a question mark, rather than guessing.  Paula Lindley-Butler)

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