County Indiana, Courthouse Records
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State of Indiana
Shelby County SS
Estate of Thomas S. Caughey deceased
H. C. Morrison Executor
To Hon Will M. Sparks Judge of the Shelby Circuit Court:
The undersigned Executor of the will of
Thomas S. Caughey deceased shows to
your honor, that in his last will said Testator directed that his Executor
should purchase and cause to be erected at his grave a head stone which should
be a duplicate of one erected over the grave of his wife and that his Executor
should also purchase and cause to be erected a Monument at an expense not
exceeding seventy five Dollars. That the wife of Harry Whitcomb
was a near relative of the deceased wife of said prior to her marriage had her home with said testator
and his wife.
That this Executor is informed and believes that it was the wish of said
testators wife that her remains should lie beside those of a deceased child of
said Whitcomb and wife who was a name sake of said testators wife and that said
testator himself had expressed a desire that he should also be buried in the
same lot with the family, of said Whitcomb notwithstanding the fact that he made
different arrangements in his will.
That prior to the death of said Thomas S. Caughey said Harry Whitcomb has
purchased a large lot in Forest Hill Cemetery near Shelbyville Indiana and has
contracted for a large Monument to be erected thereon and for markers of a
particular design to be place at the grave of each of the deceased members of
his family including his said daughter who bore the name of said testators wife.
That said Whitcomb and wife desire to remove the remains of said testator and
his wife to his said Lot and erect at the grave of each a marker of Superior
material to correspond with the others selected by him. That the Expense of
making said removals and purchasing said Markers will be more than the amount
which said testator contemplated should be expenses under the provisions of his
will and that the family Monument so to be erected by said Whitcomb will serve
for said testator and his wife as well.
That said Whitcomb offers that if this Executor will pay to him the sum of
seventy five Dollars, which this Executor holds for the purpose of purchasing a
monument as provided by said testators will that he will remove said testators
remains and those of his wife to his said lot and purchase and cause said
markers to be erected thereon to mark their graves.
That said Whitcomb is an honorable and responsible man and this Executor
believes he will faithfully carry out said contract and also that said
arrangement will be a better one and more better perpetuate the memory of said
testator and his wife than if the directions of said will were complied with.
That if said arrangement was made and said sum of seventy five dollars paid
to said Whitcomb this Executor could settle his said trust at once instead of
delaying the Settlement of said Estate until said arrangements were completed.
Wherefore said Executor asks an order authorizing him to pay said sum of
seventy five dollars to said Whitcomb upon said Whitcomb’s signing the
agreement endorsed hereon and that he make and submit his report in final
settlement of said Estate forthwith:
H. C. Morrison
Subscribed & sworn to before me this 26" day of February 1909
J. Oscar Hall
Commissioned to Dec 29 1910
In consideration of the payment to me of the sum of seventy five Dollars by
H. C. Morrison as Executor of the will of Thomas S. Caughey deceased, I the
undersigned hereby agree to faithfully carry out the arrangements heretofore
made by said Executor and myself as set forth in the annexed petition which were
made subject to the approval of the Judge of Shelby Circuit Court and I agree to
fully comply with said agreement within six months from this date.
Contributed by Barb Huff for Phyllis