Shelby  County  Indiana,  Courthouse  Records

Estate of
Thomas  Storey  Caughey

Box 178

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State of Indiana
Shelby County SS
            Estate of Thomas S. Caughey deceased
            H. C. Morrison Executor     Box 178

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  of Shelbyville Indiana was a near relative of the deceased wife of said
Testator and
  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         Notary Public                    

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. 
March 1" 1909
Harry Whitcomb        

Contributed by Barb Huff  for Phyllis Miller Fleming

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