Shelby County, Indiana
Will and Testament of
Lucy Hayden Mitchell
Recorded in Letters of Administration Book A, pp. 16-17 (1844-1855)
"Be it remembered that on the 28th day of February 1844 the last will and testament of Lucy Mitchell late of Shelby County deceased was filed in the office of the Clerk of the Shelby Probate Court ... towit:
'I Lucy Mitchell of Shelby County State of Indiana do make and publish this my last will and testament hereby revocing and making void all former wills by me at any time heretofore made First I direct that my body be decently intered and that my funeral be conducted in a manner corres-ponding with my estate and situation in life and as to such worldly estate as it has pleased God to entrust me with I dispose of this in the following manners towit. I direct first that all my just debts and funeral expenses be paid as soon after my decease as possible out of the first money that can be collected and what remains to be divided among my children and Grandchildren in the following manners. To my son William I give and bequeath the sum of one dollar also my son Paul the sum of one dollar to my son George the sum of one dollar to my son Edmond the sum of one dollar to my Son Fielding the sum of one dollar to my Son Joseph the sum of one dollar to my son Reubin the sum of one dollar and to my son James the Sum of one dollar to be their full portions of my estate and to my two daughters I give and bequeath first to daughter Elizabeth my youngest daughter I give and bequeath my Sorrel Mare Saddle and bridle and one hundred dollars in cash and to my daughter Mary the Sum of fifty dollars my two daughters to share equal in my household furniture and Clothing. As I consider my two daughters ought to have the same for their labor and good conduct toward me during my old days and the ballance of my estate I direct that it be divided equal amongst my Grand children there being nine of them in number to wit to William H son of Paul Mitchell to John son of Robert Rutherford to Alexander son of William Mitchell to Calton son of Edmond Mitchell to William S son of Fielding Mitchell to John W. son of George Mitchell to Robert Mitchell son of Reubin Mitchell to Hezekiah son of James Mitchell and to William son of John [Saliers]. And I hereby make and ordain my worthy and esteemed friend Austin Coleman Executor of this my last will and testament In witness whereof I Lucy Mitchell the testator have hereunto set my hand and seal this 28th day of July 1843.
Attest Sally Coleman William Coleman
Lucy (her X mark) Mitchell'
To which last will and testament is annexed an affidavit ... to wit --
State of Indiana Shelby County }
Before me Jacob Vernon Clerk of the Probate Court of Shelby County personally came the above named William Coleman amd being by me duly sworn says he saw and heard the above named Lucy Mitchell sign seal and publish and declare the foregoing instrument and writing to be her last will and testament that he believes she was of sound mind and memory at the time of its execution and that he signed his name thereto in her presence and at her request and in the presence of Sally Coleman the other witness thereto.
Sworn to this 28th day of February AD 1844,
Jacob Vernon, Clerk"
Submitted by Don T. Mitchell
Notes: The eight sons were named here in birth order. The nine grandsons, each a first son, were also named in birth order. Joseph married after July 1843, and had no son to share in his mother's estate. Elizabeth was the wife of John Salyers and Mary was the wife of Robert Rutherford.
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