the  last  Will  and  Testament  of
Nancy  Pike

In the name of the Benevolent Father of all, I  Nancy Pike widow of John D Pike late of Shelby county in the State of Indiana deceased being of Sound mind and Disposing memory and fully consid- ering the Uncertainty of this frail and transitory Life do therefore make ordain publish and declare this to be my Last Will and Testament ; that is to say first of all I direct that my body be decently Buried & that all my Funeral expenses be paid & that all my lawfully debts be fully and finally paid and Liquidated       4 I Give and bequeath to my beloved children   Jane Findly   Janett Snow   James S. Pike   Mary Tennell   Mahala Hemphill   Manerva Duckworth   Sarah E. Fosset one dollar Each 5th I give and bequeath to my beloved Son   William C. Pike all that Portion of Real Estate if owned by me at tht time of my death Known and described as follows to wit the to wit South west Quarter of the South East Quarter of Section twenty three township Number twelve north of Range Number five East containing forth acres more or less in the County of Shelby in the State of Indiana Containing forty (40) Acres better Known as the forty acres upon which I now reside 6th I further give and bequeath the Residue of the Real Estate of which I may die seized to my beloved son John D. Pike. 7th and I further give and bequeath unto my two Sons Last Named all the residue of my personal estate if any there be to be by them equally divided 8th I Likewise make Constitute and appoint Elijah Hand the executor of this my Last will and testament hereby revolking all former wills by me made In witness wherof I have hereunto subscribed my name this 25th day of september 1865

Nancy   X   Pike  

the above written Instrument was subscribed by the said Nancy Pike in our presence and acknowledged by her to each of us and she at the Same time Published and declared the above Instrument so subscribed to be her Last will and testament and we at the testators request and in her presence have signed our Names as witnesses and written opposite our Names our Respective place of Residence.
September 25th 1865                                                 James J Tucker
State of Indiana Shelby Co                                         Henry T. Tucker

Hendrix township
Copied from the original will by Phyllis Miller Fleming, 7 June 1999.


James S. Pike
John Duckworth  and  Minerva Duckworth
Aaron S. Finley  and  Virginia Finley
Nelson Hemphill and Mahala Hemphill
                    In the Court
Job Tennell  and  Mary Ann Tennell                         of Common
Richard Fossett  and  Sarah E. Fossett                     Pleas of Shelby
                              vs                                                         County
William H. Pike                                                                Indiana
John D. Pike
Jenetta Snow & Charles W. Snow
Elijah Hand

                                                            The Plaintiff James S. Pike, John Duckworth and Minerva Duckworth his wife, Aaron S. Finley and Virginia Finley his wife, Nelson Hemphill and Mahala Hemphill his wife, Job Tennell and Mary Ann Tennell his wife, Richard Fossett and Sarah E. Fossett his wife complain of William H. Pike, John D. Pike, Jenetta Snow and Charles W. Snow her husband and Elijah Hand, Defendants, and say that the Plaintiffs  James S. Pike,  Minerva Duckworth,  Virginia Finley,  Mahala Hemphill,  Mary Ann Tennell and  Sarah E. Fossett together with the Defendants  William H. Pike,  John D. Pike and  Jenetta Snow are the children and only children of  Nancy Pike late of said county deceased; that the defendant Elijah Hand is the Executor of the supposed last will and Testament of the said Nancy Pike.         The Plaintiff further aver [?] that the said Nancy Pike departed this life at said County of Shelby on the 28 day of September 1865, leaving certain personal and real estate; that on the 13 day of October 1865 the said Defendant Elijah Hand appeared before the Clerk of the said Court and made proof of what purports to be the last will and Testament of the said Nancy Pike, deceased (a copy of wich pretended will with the proofe thereof are herewith filed and made part hereof) And the Plaintiff say that said pretended Will is not the last Will and Testament of the said Nancy Pike for the following reasons, towit:   First, because the said Nancy Pike at the time of the pretended execution of said Instrument was not of Sound mind and disposing memory. Second. Because said will was not duly executed the said Nancy Pike at the time of the pretended execution of said Instrument being under improper restraint, and said pretended execution being obtained by and through improper influences, and plaintiffs further say that a part of the said plaintiffs and the said Defendants are the identical persons mentioned in said pretended last will and Testament.
              The Plaintiffs therefore demand that said Probate be revoked and that the said pretended will be adjudged not to be the last will and Testament of the said Nancy Pike.

James S Pike   /s/

Subscribed and sworn to before me this 16 day of February 1866.

Francis M. Conner
Notary Public
Shelby County

[A transcription of the original will, as it appears above, is inserted here.]

[On a separate sheet, not attached to the above document]


James S. Pike
    et al vs                                   In the Court of
William H Pike                           Common Pleas
John D Pike                               March term 1866
      et al
It is agreed by the Parties to this action that Judgment shall be rendered setting a side the supposed will and the letters testamintory granted are to be revoked and the Case to be taxed against the parties who made it and letters of Administration to be granted to Elijah Hand for the settling of the said estate.

Ben F. Davis     (his signature)
Attory for Pltffs                      

William H Pike (his signature)
John D Pike (his signature)

Transcribed from the original complaint found in Box 83 by Phyllis Miller Fleming, 23 June 1999.

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