Shelby  County,  Indiana
Courthouse  Records
Probate


Last  Will  &  Testament
of
George  W.  Hinds


          I, George W. Hinds of Shelby county Indiana do hereby make and publish this my last Will and Testament, hereby revoking any and all Wills by me at anytime heretofore made.

          Item 1st.  I hereby nominate my wife  Eliza Hinds  to be the Executrix of this Will.

          Item 2nd.  It is my will and hereby direct that my said Executrix shall pay and discharge all Just debts by me owing at the time of my death.
          She shall convert all my personal property into cash, so far as the same may be necessary for the discharge of the liabilities against my estate.  All personal property remaining after the payment of said liabilities shall go to my said wife, Eliza Hinds, to be hers absolutely.
Should the personal property which I shall leave at my death be insufficient to discharge all my just debts and liabilities, it is my will that my said Executrix shall pay the residue of said debts and liabilities but of the rents and profits of the real estate which I shall own at the time of my death, at her pleasure, and upon such terms as she may be able to make with creditors of my estate, but if it shall be her wish or pleasure to sell any portion of my real estate for the payment of debts and liabilities, I hereby vest her with full power to sell such part of my said real estate as may by her be deemed necessary  for the discharge of said debts and liabilities.

          Item 3rd.  After the payment of all my Just debts and obligations, and subject to the payment of such debts and obligations, and the liabilities against my estate, I will, devise and bequeath all real estate which I may own at the time of my death to my said wife Eliza Hinds, to be held, possessed and enjoyed by her, with all rents, revenues and profits thereof, for and during the term of her natural life, and for that term only.

          Item 4th.  The provisions hereinafter in this Will made for my said wife are and shall be in lieu of all her rights in my estate under any law in force at the time of my death, in the State of Indiana.

          Item 5th.  Subject to the payment of all my Just debts and the liabilities against my estate and subject, also, to the life estate of my wife Eliza Hinds, in the real estate which I shall own at the time of my death, I do hereby will and devise all the real estate, which I shall own at the time of my death, to my children  Melvin Hinds,  Susan F. Walker  wife of  Charles Walker,  Jessie White,  wife of  Frank White,  Sylvester Hinds  and  Mary B. Hinds,  to be taken and held by them in fee simple and in equal shares.
          Should any of my said children depart this life before the death of my said wife, or before my own death, should I survive my said wife, then and in such case the share that would have gone to such deceased child shall go in fee simple to his or her child or children surviving.
          But, to the end that all my children shall share equally in the end in my death.  I direct that whatever of the principal and interest of the certain note executed by my said son, Melvin Hinds, to me on or about the 1st day of October 1903 in the sum of Fifteen Hundred Dollars, shall be owing at the date of my wife’s death, or at my death should I survive my said wife, shall be taken into consideration in the division of my said real estate among my said children, the said note and the amount owing therein at the said time to be considered as an advancement made by me to my said son Melvin.

          In Witnesses Whereof I have hereunto set my hand and seal this, the 13th day of November A.D. 1903.

George W. Hinds               ( SEAL )    


          The foregoing Instrument was Signed and Sealed by George W. Hinds and by him declared to be his Last Will and Testament, in our presence and hearing, on this 13th day of November A.D. 1903 and at the same time, at the request of said George W. Hinds, in his presence and in the presence of each other, we have hereunto set our names as subscribing witnesses to and of said will.

Thos. N. Sykes         
Geo. H. Dunn           
Edward H. Chadwick



State of Indiana  Shelby County   SS

          Be It Remembered, That on the 3rd day of August 1914, Thomas N. Sykes and George H. Dunn two of the subscribing witnesses to the within and foregoing last Will and Testament, of George W. Hinds late of said County, deceased, personally appeared before the undersigned Notary Public of Shelby 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 13th day of November 1903 A.D. he saw the said George W. Hinds sign his name to the said instrument in writing as and for his last Will and Testament and that this deponent at the same time heard the said George W. Hinds 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 at the request of the said George W. Hinds and with his consent attested and subscribed by the said George W. Hinds in the presence of said testator, and in the presence of each other as subscribing witnesses thereto and that the said George W. Hinds was at 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.

Thomas N. Sykes          
Geo. H. Dunn            


          Sworn to and subscribed by the said Thomas N. Sykes and Geo. H. Dunn before me, the undersigned Notary Public, of said County of Shelby the 3rd day of August 1914.

          In Attestation Whereof, I have hereunto subscribed my name and affixed the seal of said Court.

John F. Walker
Comm. Ex.   Jan 11, 1915                     Notary Public



State of Indiana   Shelby County   SS

          I, Otto L. Coyle, Clerk of the Circuit Court of Shelby County, Indiana do hereby certify that the within annexed Will and Testament of George W. Hinds, has been duly admitted to probate and duly proven by the testimony of George H. Dunn & Thomas N. Sykes two of the subscribing witnesses thereto, that a complete record of said Will and of the testimony of said Geo. H. Dunn & Thomas N. Sykes in proof thereof has been by me duly made and recorded in Book 6 at pages 483-484-485-486 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 Shelbyville this 4th day of August 1914.

( SEAL )                     Otto L. Coyle     Clerk         
Circuit Court Shelby County  



Election of Widow

To take under the will as to her interest in her husbands personal estate

In the Matter of the estate of George W. Hinds, deceased, Eliza Hinds Executor

                              Comes now Eliza Hinds widow of George W. Hinds, deceased late of Shelby County, Indiana and whose last Will and Testament has been duly admitted to probate and record in the Shelby Circuit Court of said County and State, hereby elect to accept the provisions made by said Will in my favor in lieu of my rights and interest as such widow under the statutes of descent in and to the personal estate of my said husband and in consideration of the provisions of said Will and my rights under the statutes of descent in and to the personal  property of said decedent am hereby relinquished and released .  Dated this the 1st day of October 1914.

Eliza Hinds     widow


          Subscribed and sworn to this 9th day of       October 1914.

John F. Walker  Notary Public                          
Comm. Ex.   Jan 11, 1915                    ( SEAL )



In the Matter of the Estate of George W. Hinds deceased, Eliza Hinds Executor.
Election by Widow to accept the terms of her husbands will as to Real Estate.

          The undersigned widow of George W. Hinds deceased late of Shelby County Indiana, who died testate and whose last Will and Testament has been duly admitted to probate and record in the Shelby Circuit Court of said County and State hereby makes election as such widow to take and accept the provisions made by said Will in her favor in lieu of her statutory rights by such widow in and to one third of the lands of which her said husband died seized, and which statutory rights in consideration of the provisions from will, by her accepted aforesaid , hereby relinquished and released.  Dated this the 1st day of October 1914.

Eliza Hinds       Widow


          Subscribed and sworn to this the 9th day of October 1914.

(SEAL)                                 John F. Walker  Notary Public
Comm. Ex. Jan. 11 1915                                                      

Transcribed by Barb Huff


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