Last  Will  and  Testament
of
Thomas  Hoban


Page 185

Shelby County, State of Indiana
Pages 185 - 186 - 187 - 188 - 189 - 190
27 April 1910


I,  Thomas Hoban, of Shelby County, Indiana do make and declare the following as my last Will.

Item 1.  I will and direct that all of my Just debts, funeral expenses and the expenses of Administration of my estate be first paid.

Item 2.  I will and bequeath to my son  John Hoban  the sum of Three Hundred Dollars and to my children  Theodore Hoban,  Elizabeth Mason,  Anthony Hoban,  Hopkins Hoban  and  Mariah Durbin  each the sum of Two Hundred Dollars to be paid to them out of my personal Estate.

Item 3.  I will and bequeath to my Granddaughter  Nettie Dunlap  the sum of Six Hundred Dollars and to her daughter  Onia  the sum of one hundred Dollars, and to her daughter  Maud  the sum of Fifty Dollars, and also to her daughter  Cornelia  the sum of Fifty Dollars all of said amounts to be paid out of my personal estate.

Item 4.  I will and devise to my daughter  Elizabeth Mason  to be held and enjoyed by her, and she to have the use possession and rents and profits thereof for and during the term of her natural life and for that term only with the remainder in fee to the children of said Elizabeth the following real estate situated in Shelby County, Indiana, to-wit, one acre and Eighty rods of land conveyed by Alfred Major and wife to me on February 9, 1863 by deed recorded in Record "LL" on page 410 of the records of Deeds of Shelby County, Indiana.  Also ten acres of land conveyed by Isaac Avery to me on the 31st day of August 1871, by deed recorded in Record "YY" on page 344, of the records of deeds of Shelby County, Indiana.  Also fifteen acres of land conveyed by Isaac Avery to me on the 17th day of December 1872 and the deed for which is recorded in Deed record 54 on pages 553 of the record of Deeds of Shelby County, Indiana

Page 186


Also twenty two and one half acres of land off the entire South Side of Eighty two and one half acres conveyed by  Susan Fleming  and  Josiah Fleming  her husband to me on the 17th day of March 1865 by deed recorded in Record N.N. on page 190 of the records of deeds of Shelby County, Indiana.  Also thirty (30) acres of land off the entire West End of the North half of the North East quarter of Section Eighteen (18) in Township Eleven (11) North of Range Eight (8) East containing Eighty acres more or less.

Item 5.  I will and devise to my son  Hopkins Hoban  to be held and enjoyed by him, and he to have the use possession and rents and profits thereof for and during the term of his natural life, and for that term only, with the remainder in fee, thereof to his four children,  Bernard Hoban,  Hortense Montgomery,  Richard Hoban,  and  Edna Hoban, the following real estate situated in Shelby County, Indiana, to-wit:  The East half of the North half of the North East quarter of Section 18, in Township 11, North of Range 8 East containing in the land hereby devised forty acres more or less.

Item 6.  I will and devise to my son  Anthony Hoban,  and his wife,  Jennie Hoban,  to be held and enjoyed by them for and during the term of their natural lives and the life of each of them, and for that term only, with the remainder in fee after the death of both of them to their children  Thomas Hoban,  Sadie Reed,  Bertha Jones,  Albert Hoban,  Herbert Hoban  and  Frank Hoban,  the following described real estate situated in Shelby County, Indiana, to-wit:  Ten acres off the entire East side of the West half of the North half of the North East quarter of Section 18 in Township 11 North of Range 8 East containing Eighty acres more or less.
Also, The South West quarter of the North East quarter of Section 18 in Township 11 North and Range 8 East, in Shelby County, Indiana, containing

Page 187


Forty acres more or less.

Item 7.  I will and devise to my daughter  Mariah Durbin  and her husband  Thomas Durbin  to be held and enjoyed by them for and during th term of their natural lives and the life of each of them and for that term only, with the remainder in fee after the death of both of them to their children,  John Durbin,  Elkanah Durbin,  the following described real estate situated in Shelby County, Indiana, to-wit:  Forty four and 71/100 acres off of the entire North side of the North West quarter of Section 18 in Township 11 North and Range 8 East not including any part of of the following described tract heretofore conveyed by Alfred Major to me, to-wit:  Beginning at the North East corner of said quarter Section and running thence South on the East line about 31 rods to the middle of the road thence in a North Westerly direction along the middle of the road to the North line of said tract, thence East 14-1/2 rods to the place of beginning said excepted parcel containing one and 81/100 acres.

Item 8.  I will and devise to my son  Theodore Hoban,  and  Laura Hoban  his wife, the following described real Estate situated in Shelby County, Indiana, to-wit:  Sixty (60) acres of land off the entire North End of Eighty two and one half acres of land conveyed by Susan Fleming and Josiah Fleming her husband to me on the 17th day of March 1865 by Deed recorded in Record N.N. on page 190 of the records of deeds of Shelby County, Indiana.

Also Seventy one and one half acres of land off of the entire South side of the North West quarter of Section 18 in township 11 North and Range 8 East in said Shelby County, Indiana, Intending to devise to my said son and his wife all of the land which I own in said North West quarter of section 18

Page 188


Township 11 and Range 8 East which lies South of the 44 and 71/100 acres herein above devised by me to my daughter Mariah Durbin and her husband and children said devises to my son Theodore Hoban and Laura Hoban his wife, are made subject to and charged with, the payment by them to my son John Hoban of the sum of Twenty five Hundred Dollars to be paid in five equal annual payments to become due and payable in one, two, three, four and five years after the date of my death, and each of said installments to draw six per cent interest from the date of my death, the interest, upon each to be paid annually.

Item 9.  I will and bequeath all of my personal Estate not herein above, otherwise disposed of to my six children - John Hoban,  Theodore Hoban,  Elizabeth Mason,  Anthony Hoban,  Hopkins Hoban  and  Mariah Durbin in equal proportions and share and share alike.

Item 10.  I nominate and appoint my son John Hoban as Executor of this my last Will and request that he not be required to give any bond as such.

                    In Witness Whereof, I have hereunto set my hand and seal this 27th day of April 1910.
/s/ Thos Hoban     { seal }


Signed Sealed and acknowledged by the said Thomas Hoban as his last Will in our presence and signed by us Attesting Witnesses thereto at his request in his presence and in the presence of each other, this 27" day of April 1910.

/s/ J. Oscar Hall
/s/ H. C. Morrison



State of Indiana, Shelby County, S.S.
                    Be it remembered, That on the 5 day of September 1912, J. Oscar Hall and H. C. Morrison the subscribing witnesses to the within and foregoing last will and Testament of Thomas Hoban, late of said County, deceased, personally appeared before Otto L. Coyle, Clerk of the Circuit Court of Shelby County

Page 189


in the State of Indiana and being duly sworn by the Clerk of said Court upon the oath declared and testified as follows, that is to say,  That on the 27" day of April 1910 they saw the said Thomas Hoban 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 Thomas Hoban, and with his consent attested and subscribed by the said J. Oscar Hall and H. C. Morrison in the presence of said testator and in the presence of each other as subscribing witnesses thereto, and that the said Thomas Hoban 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 mind and disposing memory and not under any coercion or restraint as the said deponent verily believes and further deponents says not.

/s/ J. Oscar Hall
/s/ H. C. Morrison



Sworn to and subscribed by the said J. Oscar Hall and H. C. Morrison before me Otto L. Coyle, Clerk of said Court at Shelbyville the 5 day of September 1912.

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

{ seal }                     /s/   Otto L. Coyle, Clerk Shelby Cir. Ct.



State of Indiana, Shelby County S.S.
                    I, Otto L. Coyle, Clerk of the Circuit Court of Shelby County, Indiana, do hereby certify, that the within annexed Will and Testament of Thomas Hoban has been duly admitted to probate and duly proved by the testimony of J. Oscar Hall and H. C. Morrison the subscribing Witnesses thereto that a complete record of said Will and of the testimony of the said Thomas Hoban in proof thereof has been by me duly made and recorded in Book 6 at pages 185 - 186 - 187 - 188 - 189 - 190

Page 190


of the records of Wills of said Coutny

                    In Attestation Whereof, I have hereunto subscribed my name and affixed the seal of said Court at Shelbyville, this 5" day of September 1912.

{ seal }                    /s/     Otto L. Coyle                    
Clerk Circuit Court Shelby County


Transcribed by Antoinette Waughtel Sorensen

Will Index       Main Page