Last  Will  and  Testament
of
Aaron  Nigh


          I,  Aaron Nigh,  of Shelby County, Indiana, being of sound mind and disposing memory, do hereby make and declare this my last will and testament, in manner and form following:

          FIRST.  It is my will and I hereby direct that my funeral expenses and all my just debts be fully paid.
          SECOND.  I give, devise and bequeath unto my wife, Hester Ann Nigh, all my real estate being the east part of the South-west Quarter and the east part of the North-west Quarter of Section Nineteen (19) in Township Fourteen (14) North and Range Eight (8) East, and containing in the two tracts about One Hundred Thirteen (113) acres, to have and to hold same during her natural life, not in fee, but to have the possession and control of, and the rents and profits from same while she shall live.  She shall keep the taxes paid and the buildings thereon in good repair and insured in some good company for a reasonable sum.  Should any of the buildings be destroyed by fire or wind, it shall be optional with her as to replacing same.  At her death, my said real estate shall be divided among my six children as follows:  To my son, Shirl Nigh, shall be given Nineteen (19) acres of uniform width off the entire south end of the tract lying in the south west quarter of said section.  To my daughter, Sarah Ellen Pitts, shall be given Nineteen (19) acres of uniform width extending east and west entirely across said tract and lying directly north of the tract given to Shirl Nigh.  To my son, Alonzo Nigh, shall be given the remainder of said tract, containing about Eighteen (18) acres, but he shall grant to Shirl Nigh, the right to a drive way across their respective tracts from the public road on the north to their lands. And my son, Alonzo Nigh, at the time this division is made, shall pay to my son James Nigh, the sum of One Hundred Fifty Dollars ($150.00).
          To my son, Lewis F. Nigh, shall be given Nineteen (19) acres of uniform width off the entire north end of the tract lying in the north west quarter of said Section.  To my son, George A. Nigh, shall be given Nineteen (19) acres of uniform width extending entirely across said tract east and west and lying directly south of the tract given to Lewis F. Nigh.  To my son, James Nigh, shall be given the remainder of said tract, containing a little over Eighteen acres, but he shall grant to Lewis F. Nigh, the right to a driveway of reasonable width across their respective tracts, from the public road on the south to their lands north.
          Should any of my said children die, without issue, before the death of my said wife, then the part that would otherwise have been his shall be divided equally among the remaining five.
          To my said wife, Hester Ann Nigh, shall be given all the household and kitchen furniture, moneys and other articles of personal property, after having disposed of enough to pay expenses and debts aforesaid; but none of the household and kitchen furniture shall be sold.  Should there not be enough realized otherwise to discharge expenses and debts, then the balance shall be paid from the proceeds of the farm.
          And lastly, I hereby constitute and appoint my son, Lewis F. Nigh executor of this my last will and testament.

          In Witness whereof, I, the said Aaron Nigh have hereunto set my hand and seal this seventeenth day of July, 1915.

Aaron Nigh           Testator


          Signed, sealed and declared by the said Aaron Nigh, as and for his last will and testament, in the presence of us, who, in his presence and in the presence of each other, and at his request, have subscribed our names as witnesses thereto.
S.V. Hinds        
W.M. Patterson
Witnesses



State of Indiana, Shelby County, SS:
                    Be it remembered, that on the 12th day of November, A.D., 1915, the 35 judicial day of the October Term of the Shelby Circuit Court in said year, come into open Court Lewis F. Nigh and produces in Court an instrument in writing purporting to be the last Will and Testament of Aaron Nigh, deceased, and now moves the admittance thereof to probate and record, and in proof of said Will introduces William M. Patterson one of two 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 17th day of July 1912 he saw the said Aaron Nigh sign his name to said instrument in writing as and for his last Will and Testament, and that the said instrument in writing was, at the same time, at the request of the said Aaron Nigh and with his consent attested and subscribed by the said William M. Patterson and Sylvester V. Hinds in the presence of said testator, and in the presence of each other, as subscrining witnesses thereto, and that the said Aaron Nigh 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.
W. M. Patterson

          Sworn to and subscribed by the said William M. Patterson before me Cecil B. Collins Clerk of said Court, at Shelbyville, Indiana the 12" day of November 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 Aaron Nigh deceased, is the last Will and Testament of Aaron Nigh 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 Aaron Nigh has been duly admitted to probate, and duly proved by the testimony of William M. Patterson one of the subscribing witnesses thereto, that a complete record of said Will, and the testimony of the said William M. Patterson in proof thereof, has been by me duly made and recorded in Book 7 at Pages 74-75 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 12th day of November, 1915.

Cecil B. Colins Clerk     ( SEAL )



CODICIL TO LAST WILL AND TESTAMENT OF AARON NIGH

          I, Aaron Nigh, do hereby declare, publish and proclaim the following to be a codicil to my last will and testament above written:

          Should any one of my said Children, viz:  Lewis F. Nigh,  George A. Nigh,  Sarah Ellen Pitts,  Shirl Nigh,  James Nigh  and  Alonzo Nigh, resist the probation or contest my said will by any action in Court, then in such event, I desire and hereby direct that the portion of my estate which by my said will I have given to such child or children shall not be given them but shall be divided equally among those of my children who make no contest in Court nor resistance to the probation of my said will.  By my said will, I have made division of my property as seems to me to be right and fair to all my children and I desire my estate to be settled without controversy and should any child or children feel so dissatisfied that they will not peaceable submit to the division I have made, then I desire that such child or children shall not receive anything and the part that I have directed to be given him or them shall be equally divided among my said children who make no contest or trouble.

          Should I survive my said wife, Hester Ann Nigh, then at my death, I desire the same disposition of my estate among my said children that I have directed to be made at her death, subject to the same conditions that I have set forth above in the codicil.

          In witness whereof, I have hereunto set my hand and seal this 29th of November, 1912.
Aron[sic] Nigh

          Signed, sealed, published and declared by the said Aaron Nigh, as and for his codicil to his last will and testament, in the presence of us, who in his presence and in the presence of each other, and at his request, have subscribed our names as witnesses hereto.
R.S. McCray
W.M. Patterson



State of Indiana, Shelby County, SS:
          Be it remembered, that on the 12th day of November, A.D., 1915 the 35 judicial day of the October Term of the Shelby Circuit Court in said year, come into open Court Lewis F. Nigh and produces in Court an instrument in writing purporting to be a Codicil to last Will and Testament of Aaron Nigh, deceased, and now moves the admittance thereof to probate and record, and in proof of said Codicil to Will introduces William M. Patterson one of the two 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 29th day of November 1912 he saw the said Aaron Nigh sign his name to said instrument in writing as and for a codicil to his last Will and Testament; and that this deponent, at the same time, heard the said Aaron Nigh declare the said instrument in writing to be a codicil to his last Will and Testament, and that the said instrument in writing was, at the same time, at the request of the said Aaron Nigh and with his consent attested and subscribed by the said William M. Patterson and Robert S. McCrea in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said Aaron Nigh 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.
W. M. Patterson

          Sworn to and subscribed by the said William M. Patterson before me Cecil B. Collins Clerk of said Court, at Shelbyville, Indiana, the 12th day of November 1915.
Cecil B. Collins, Clerk

          Whereupon it is ordered, adjudged and decreed by the Court that the said instrument in writing purporting to be a codicil the last Will of Aaron Nigh deceased, is a codicil to the last Will and Testament of Aaron Nigh 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 codicil to the Will and Testament of Aaron Nigh has been duly admitted to probate, and duly proved by the testimony of William M. Patterson one of the subscribing witnesses thereto, that a complete record of said codicil to the Will, and of the testimony of the said William M. Patterson in proof thereof, had been by me duly made and recorded in Book 7 at Pages 76-77 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 12" day of November 1915.
( SEAL )           Cecil B. Collins            
Clerk Circuit Court Shelby County

Transcribed by Barb Huff

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