Last  Will  and  Testament
of
Henry  H. Torline


          I,  Henry H. Torline,  make this my last will.

          Item 1.  At my death there shall first be paid out of my estate all my debts, and the expense arising out of my funeral and burial, the cost of settling my estate and if the same has not then been done, the cost of erecting a monument for myself and wife on the lot now owned by me in St. Joseph's Cemetery near Shelbyville, Shelby County, Indiana which shall cost not less than five hundred dollars.

          Item 2.  All my property of every kind and wherever situated remaining after complying with item one of this will I give to my wife, Mary A. Torline, to be held by her absolutely and in fee if she is living at my death, but if she is not living I dispose of the same as follows:
          1.  To St Joseph's Catholic Church at Shelbyville, Ind. of which I am a member, I give one hundred dollars to be used for masses for the repose of my soul and one thousand dollars to be used generally for that church for any purpose for which there who control that church deem it proper to use the same.
          2.  To Ben Shafer, the son of my wife's half sister, I give five hundred dollars to be paid him in money.
          3.  To Stella Schroeder the daughter of my sister Josephine, I give one hundred dollars to be paid her in money.
          4.  To Alta Cort and her son,  Elmer,  I give to be held and owned by them as tenants in common absolutely and in fee the following real estate situated in Shelby County, Indiana, towit:  Commencing at the south-east corner of the west half of the south east quarter of Section 30 in Township 13, North of Range 7 East and running thence north 15 chains and 38 links to a corner stone-thence west 10 chains, thence south 15 chains & 38 links to the south line of said tract of land, thence east 10 chains to the place of beginning, the same being the land on which I now live.
          5.  To my wife's niece, Anna Bogeman and her children I give to be held by them as tenants in common:  Forty feet off the entire west side of Lot number nine (9) on Pennsylvania Street in Fletcher and McCarty's Attition [sic] to the Town now City of Shelbyville.
          6.  To the Ohio Naisen Freund at Columbus Ohio the Orpahn's Home under the control of the Catholic Church, I give one hundred dollars to be paid in money.
          7.  All my property except such as is herein specifically given shall be sold and the proceeds of the same after complying with the above provisions of this will shall go to and be the property of  Alta Cort,  Ben Shafer,  Stella Schroeder,  Anna Bogeman  and the children of my brother  John A. Torline,  share and share alike, and if any of the persons who under this item of this will take part of my estate die before I do and leave descendants shall take the part of my estate that the person so dying would have done under this item of this will had he not died.
          Item 8.  I appoint  John Cort  executor of this will.

          In testimony whereof I have hereunto set my hand and seal this the 17" day of September 1912.

Henry H. Torline     ( SEAL )


          Signed by the testator in our presence and by us in his presence at his request as witnesses and in the presence of each other this the 17 day of September 1912.
William H. Isley
Wilbur W. Israel



State of Indiana, Shelby County, SS:
                    Be it remembered, that on the lst day of November A.D., 1915 the 25 judicial day of the October Term of the Shelby Circuit Court in said year, come into open Court Isaac Carter and produces in Court an instrument in writing purporting to be the last Will and Testament of Henry H. Torline, deceased, and now moves the admittance thereof to probate and record, and in proof of said Will introduces William H. Isley and Wilbur W. Israel the subscribing witnesses thereto, who being duly sworn by the Clerk of said Court, on oath, declare and testify as follows, that is to say: That on the 17" day of September 1912 they saw the said Henry H. Torline sign his name to said instrument in writing as and for his last Will and Testament; and that these deponents at the same time heard the said Henry H. Torline 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 Henry H. Torline and with his consent attested and subscribed by the said William H. Isley and William W. Israel in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said Henry H. Torline 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 deponents verily believe, and further deponent say not.

William H. Isley
Wilbur W. Israel


          Sworn to and subscribed by the said William H. Isley and Wilbur W. Israel before me Cecil B. Collins Clerk of said Court, at Shelbyville, Indiana, the 1st day of Nov. 1915.

Cecil B. Collins Clerk


          Whereupon it is ordered, adjudged and decreed by the Court that said instrument in writing purporting to be the last Will of Henry H. Torline deceased, is the last Will and Testament of said Henry H. Torline deceased, and is hereby admitted to probate and record in this Court.
Cecil B. Collins Clerk


State of Indiana, Shelby County, SS:
          I, Cecil B. Collins Clerk of the Circuit Court of Shelby County, Indiana, do hereby certify that the within annexed Will and Testament of Henry H. Torline has been duly admitted to probate, and duly proved by the testimony of William H. Isley and Wilbur W. Israel one of the subscribing witnesses thereto, that a complete record of said Will, and of the testimony of the said William H. Isley and Wilbur W. Israel in proof thereof, has been by me duly made and recorded in Book 7 at Pages 71, 72, and 73 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, Indiana, this Ist day of November, 1915.

Cecil B. Collins, Clerk
(SEAL) Circuit Court Shelby County



Election of Widow to Accept: provisions under the will


State of Indiana, Shelby County
IN  THE  MATTER  OF  THE  ESTATE  OF  HENRY  H.  TORLINE, Deceased

          I, Mary A. Torline, say that I am the widow of said decedant; that he died Testate; that his last will has been probated in the office of the Clerk of Shelby Circuit Court, Indiana; that I am fully acquainted with the provisions of said will and I hereby elect to accept the provisions of said will and to take what is given me by said will, instead of taking the interest in the estate of said decedent that the law would give me, if he died intestate.
          In Testimony Whereof, I Have hereunto signed my name, this the first day of December, 1915.
Mary A. Torline



State of Indiana, Shelby County:
          Before me, a Notary Public, in and for said County on the the first day of December, 1915, came the above named Mary A. Torline, who acknowledged the execution of the above election to take under the will of her late husband, Henry H. Torline.
          Witness my hand and notarial seal, this the first day of December, 1915.
( SEAL )           Isaac Carter Notary Public Commissioned to Dec 5, 1915.

Transcribed by Barb Huff

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