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James Hildebrand
Will
Filed July 13th, 1844
J. Vernon, Clerk
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Recorded in Administration
Book A on pages 22
and 23, on the 13th day of
July 1844
J. Vernon, Clk
~~~~~~~~~~~~
Letters testamentary upon
the within will was issued
to J B Lucas on the 13th day
of July 1844
J Vernon Clerk
[inside]
I, James Hildebrand,
of Shelby county and State of Indiana, do make and publish this my last will and testiment, hereby revoking
and making void all former wills by me at any time heretofore made. First, I direct that my body be decently
interred and that my funeral be conducted in a manner corresponding with my estate and situation in life; and as
to such worldly estate as it has pleased God to intrust me with, I dispose of the same in the following manner,
to wit; I direct first that all my just debts & funeral expenses be paid as soon after my decearse as
possible, out of the first moneys that shall come to the hands of my executor from any portion of my estate, I
also direct that a fair valuation or appraisment be made, by two judicious neighbors (as the law directs) of all
my personal estate: and that my executor, sell by public auction (as the law directs) so much of said estate as
will be ample and sufficient to liquidate all my aforesaid just debts & funeral expenses; and the residue of
my said personal estate, (if any there be remaining) It is my will that the same by kept on my farm &
under the control & for the bennefit of my beloved wife Elizabeth,
so long as she remains my widow. And my children, living at the time of my decease, I hereby direct
and appoint, that my said dear wife Elizabeth shall have the Guardianship of them during their minority.
And I earnestly entreat the utmost care and attention respectively, in and about the education and morals
of my said children. And I hereby make and ordain my worthy and esteemed friend, J. B. Lucas executor of this my last will and testiment. In witness whereof, I, James Hildebrand,
[back side]
the testator, have hereunto set my hand and seal, this eighteenth day of June, in the year of our Lord eighteen
hundred and forty four (AD) 1844
his
James x Hildebrand ~seal~
mark
Signed, sealed, published, and declared by the above named James Hildebrand, as his last will and testiment, in
the presence of us, who have hereunto subscribed our names as witnesses thereto, in the presence of the said testator;
and in the presence of each other.
Abbott G. Kendall
James Coffman
John L. Warner
State of Indiana
Shelby County ss: Before me Jacob Vernon Clerk of the Probate
Court
of Shelby County personally appeared the
above Abbott G Kendall and John L Warner two of the witnesses to the foregoing Will. and being by me duly
sworn say they saw and heard the above named James Hildebrand sign seal publish and declare the foregoing instrument
of writing to be his last will and testament, that they believe he was of sound mind and memory at the time of
its execution that they signed their names thereto as witnesses in his presence and at his request and in the presence
of each other and further saith not
Abbott G Kendall
John.L.Warner
Sworn to and subscribed before me July 13, 1844
Witness Jacob Vernon Clerk,
of the Probate Court of Shelby County and its seal
this 13th day of July AD 1844 J Vernon Clerk
Copied from the estate papers of James Hildebrand, dec'd, filebox 29, by Phyllis Miller Fleming. For no apparent
reason, this will is not recorded in the Index of Wills, Book 1, in the Clerk's Office at the Shelby Co Courthouse.
Therefore, the will has also not been abstracted in Maurice Holmes' book Wills of Shelby Co IN: 1822-1906. We are all extremely grateful that Mr. Hildebrand's descendants were interested
enough in their heritage to request this information. Please contact Cynthia Burge for further details on this family.
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