Last  Will  and  Testament
of
Thomas  L. Haymond,  Deceased

Page 120
Town of Waldron
Shelby County, Indiana
Book 7 ~ Pages 120, 121 & 122
1 May 1916



To all whom it may concern, Will of  Thomas Lewis Haymond  of the town of Waldron, Shelby County, Indiana.

Item 1.
          By the terms of this will all just debts funeral expenses &c must be paid from any moneys of the estate of the testator before any divisions are made or any bequeaths set apart.

Item 2.
          When item one is complied with after the death of the testator, Eighteen hundred dollars will be given to my wife surviving  Mrs Sarah A. Haymond, to be taken from any available monies of the estate all to be hers in fee simple.

Item 3.
          The home property situate on lot No (11) eleven at the corner of Mulbury and Chestnut Streets in the town of Waldron shall be held by my wife Mrs Sarah A. Haymond as her home during her natural life at her death said property shall revert back and be a part of the estate of the testator.

Item 4.
          One third of the residue of the said estate is hereby set apart and given in fee simple to my wife Mrs Sarah A. Haymond to be disposed as she may direct, provided her death occurs after the death of the testator, otherwise Item four shall be null and void.

Item 5.
          At all events the said estate shall be held all together and managed in such a manner that the proceeds will go to the supports and comforts of my wife Mrs. Sarah A. Haymond while She lives and then be disposed of in accordance with the terms set forth in this will.

Item 6.
          Wills and directs that at the time of the death of the testator and his wife Mrs Sarah A. Haymond there shall be given from the testators part of said estate to his sister  Mrs Margaret E. Greene  now living in Sacramento California, one thousand dollars, at her death said amt. to go to her heirs share and share alike, also one note held by the testaor of three hundred fifty dollars against  Omer Haymond, shall be given him without any demands of collection for same.

Item 7.
          Wills that five hundred dollars be given to the care of the trustees of the Vanpelt (Ogden) Cemetery for the care of the burial lot of the testator and for the beautifying of the said Cemetery, provided the testator and wife is burried on said lots if not then item seven to be null and void and said amt. to revert to the estate.

Item 8.
          Wills that the residue of the estate (if there by any) to be divided into five parts, then subdivided as follows part one (1) to go to the living heirs of my brother  John N. Haymond  deceased, share and share alike.  Part two (2) to go the heirs of another brother  Elijah G. Haymond  deceased, as follows two (2) parts of the one part to go to  Mrs Grace Benedict  of Shelbyville and  Thomas W. Haymond  of Riverside Cal. the third part to go to the five heirs of  Mrs Ella Raynes, deceased, share and share alike. Part no. three


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Page 121

THREE (3) to go to the heirs of another Brother  James W. Haymond, deceased, share and share alike.  Part No. four to go to an only sister Mrs. Margaret E. Greene now of Sacramento Cal. at her death to her heirs, share and share alike. Part no. five to go to the heirs of another brother  George L. Haymond, deceased, share and share alike.

Item 9.
          At the death of my wife Mrs Sarah A. Haymond the household goods what she has not already disposed of will be given to charity all that can be used at the Gordons Orphan home may be given to that institution all the remainder, charity.

Item 10.
          I hereby appoint Frank Haymond Executor of the foregoing will also to look after the best interests of the estate and also to receive from time to time the pay for services from the proceeds of said estate and to serve as such executer without bond.

/s/ Thomas L. Haymond


Witness this 23rd day of January, 1915.

/s/   Joseph A. Haymond /s/   Frank H. Haymond




State of Indiana, Shelby County, SS:
          Be it remembered, that on the 1st day of May, A.D., 1916 the 23rd judicial day of the Marh Term, of the Shelby Circuit Court in said Year, come into open Court Frank H. Haymond and produces in Court an instrument in writing purporting to be the last Will and Testament of Thomas L. Haymond, deceased, and now moves the admittance thereof to probate and record, and in proof of said Will introduces Joseph A. Haymond and Frank H. Haymond 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 23rd day of June 1915 they saw the said Thomas L. Haymond sign his name to said instrument in writing as and for his last Will and Testament; and that this deponent, at the same time, heard the said Thomas L. Haymond 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 L. Haymond and with his consent attested and subscribed by the said Joseph A. Haymond and Frank H. Haymond in the presence of said testator and in the presence of each other, as subscribing witnesses thereto, and that the said Thomas L. Haymond 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.

/s/ Joseph A. Haymond /s/ Frank H. Haymond



Sworn to and subscribed by the said Joseph A. & Frank H. Haymond before me Cecil B. Collins Clerk of said Court, at Shelbyville Indiana, the 1st day of May 1916.

/s/ 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 Thomas L. Haymond deceased, is the last Will and Testament of Thomas L. Haymond, decesaed, and is hereby admitted to probate and record in this Court.

/s/ 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 Thomas L. Haymond has been duly admitted to probate and duly proved by the testimony of Frank H. Haymond and Joseph A. Haymond the subscribing


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Page 122

WITNESSES  THERETO  _  THAT  A  COMPLETE  RECORD  OF  SAID  Will, and of the testimony of the said Frank H. Haymond and Joseph A. Haymond in proof thereof, has been by me duly made and recorded in Book 7 at Pages 120, 121 & 122 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 1 day of May 1916.

{SEAL}                    /s/   Cecil B. Collins, Clerk.
Circuit Court Shelby County




ELECTION  OF  WIDOW.
Written Election by widow to take under Will.


State of Indiana                                             In the Shelby Circuit Court
Shelby County SS:                                         May Term 1916.

In the Matter of the Estate
of Thomas L. Haymond, deceased                 Election by Widow.

Whereas my late husband, Thomas L. Haymond, deceased, of the County of Shelby and State of Indiana, in and by his last Will and Testament, probated in said County, provided among other things as follows:

"Item 2.   Eighteen Hundred Dollars will be given to my wife surviving, Mrs Sarah A. Haymond to be taken from any available monies of the estate all to be hers in fee simple.

Item 3.   The home property situate on lot No. 11. at the corner of Mulbury and Chestnut streets in the town of Waldron shall be held by my wife Mrs Sarah A. Haymond as her home during her natural life, at her death said properyy shall revert back and be a part of the estate of the testator.

Item 4.   One third of the residue of said estate is hereby set apart and given in fee simple to my wife Mrs Sarah A. Haymond to be disposed of as she may direct, provided her death occurs after the death of the testator, otherwise Item four shall be null and void.

Item 5.   At all events the said estate shall be held all together and managed in such a manner that the proceeds will go to the support and comfort of my wife Mrs. Sarah A. Haymond while she lives, and then be disposed of in accordance with the terms set forth in this Will.".

Now therefore I Sarah A. Haymond, in consideration thereof, now hereby elect to accept the said provision so made in said Will, and expressed to be in lieu of and in full satisfaction of my interest in and right in one third of the lands of which my late husband aforesaid died seized, or which I might otherwise be entitled to in real estate which was owned by the said Thomas L. Haymond, deceased, during our coverture. And by these presents I do release, renounce and discharge all my right and claim to such interest as is given me by law in and to all of said real estate.

In Witness whereof I have hereunto set my hand this 7 day of June 1916.

/s/ Sarah A. Haymond



State of Indiana Shelby County SS:
          Before me the undersigned Notary Public in and for the said County and State personally appeared Sarah A. Haymond and Acknowledged the execution of the within and foregoing Election to take under Will of her late husband Thomas L. Haymond.

Witness my hand and Notarial seal this 7 day of June 1916.

My commission expires Jan. 6, 1920           { SEAL }          Jennie Lowe     Notary Public.


Transcribed by Antoinette Waughtel Sorensen

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