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County of Floyd
State of Indiana
October 13, 1870
WILL AND PROBATE OF CAROLINE SINEX
234
WILL
OF
CAROLINE SINEX
Will Record "F" Pgs. 234 & 235
Floyd County, Indiana
I, Caroline Sinex of Floyd County, Indiana being of sound mind and
disposing memory do make and declare this to be my last will and
testament.
ITEM 1st: I desire that all my just debts and funeral expenses shall be
first paid out of my estate.
ITEM 2nd: I give and devise to my daughter Maria L. Walker my house and
home and the lot upon which it is situated, which is described as lot
numbered Sixteen (16) on Beharrell Avenue in Plat number Three Hundred
and forty-six (346) of the Floyd County Records, in Floyd County,
Indiana, to be hers in fee-simple.
ITEM 3: I give bequeath and devise to my other children: Lizze Ford
White; Flora Edna Rodman; Thomas Sinex; and Elisha W. Sinex, all my
other property real, personal and mixed, wheresoever found, to be theirs
in equal parts, share and share alike.
ITEM 4: I hereby nominate and appoint William G. Clinton as the Executor
of this my last will.
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this
13th day of October 1903.
Caroline Sinex, (seal)
The above instrument was signed by the said Caroline Sinex and declared
by her to be her last will and testament in our presence and is signed
by us as witnesses in her presence, at her request, and in the presence
of each other.
Thos. G. Beharrell
Isaac S. Hartley
THE STATE OF INDIANA : -
: - ss.
Floyd County : -
BE IT REMEMBERED, That on the 24th day of October 1903 Thos. G.
Beharrell one of the subscribing witnesses to the within and foregoing
last will and testament of Caroline Sinex late of said County, deceased,
personally appeared before the Floyd Circuit Court, in the State of
Indiana, and being duly sworn by the Clerk of said Court, upon his oath
declared and testified as follows: that is to say: that on the 13th
day of October A. D. 1903 he saw the said Caroline Sinex, sign her name
to said instrument in writing as and for her last will and testament and
that this deponent t the same time heard the said Caroline Sinex declare
the said instrument in writing to be her last will and testament, and
that the said instrument in writing was at the same time at the request
of said Caroline Sinex and with her consent, attested and subscribed by
the said Thos. G. Beharrell and one Isaac S. Hartley in the presence of
the said Testatrix and in the presence of each other as subscribing
witnesses thereto, and that the said Caroline Sinex, was at the time of
the signing and subscribing of the 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
235
deponent verily believes and further deponent says not.
Thos. G. Beharrell
Sworn to and subscribed by the said Thos. G. Beharrell before me
Charles B. Scott, Clerk of said Floyd Circuit Court on the 24th day
of October 1903.
IN ATTESTATION WHEREOF, I have hereunto subscribed my name
and affixed the seal of said Court.
(SEAL) CHARLES B. SCOTT,
Clerk Floyd Circuit Court
THE STATE OF INDIANA, FLOYD COUNTY, ss.
I, Charles B. Scott, clerk of the Floyd Circuit Court, State of
Indiana do hereby certify that the Withing annexed last will and
testament of Caroline Sinex has been duly admitted to probate, and duly
proved by the testimony of Thos. G. Beharrell one of the subscribing
witnesses thereto, that a complete record of said will, and the
testimony of the said Thos. G. Beharrell on proof thereof has been by me
duly made and recorded at pages 234 and 235 of the record of wills "F"
of said County.
IN ATTESTATION WHEREOF, I have hereunto subscribed by name, and affixed
the seal of said Court, at New Albany, this 24 day of October, 1903.
(SEAL) CHARLES B. SCOTT,
Clerk Floyd Circuit Court
State of Indiana :-
:-ss.
County of Floyd :-
I, Charles B. Scott, Clerk of the Floyd Circuit Court, within and
for
said County and State do hereby certify that I have compared the above
and foregoing with the original and that the same is full, true and
complete record of the last will and testament of Caroline Sinex ,
deceased together with the certificate of probate thereto attached as
the same appears of record in my office this 24th day of October 1903.
/s/ Charles B. Scott
Clerk F. C. C.
346
Minute Book #9
SATURDAY, OCTOBER 24th, 1903.
COURT CONVENED PURSUANT TO ADJOURNMENT
Present,
HON. William C. Utz, Sole Judge.
IN THE MATTER OF THE LAST WILL :-
:-
OF CAROLINE SINEX, DECEASED :-
The will of Caroline Sinex, deceased being produced to the Court and
offered for probate: Comes Thos. G. Beharrell one of the subscribing
witness thereto, and said witness being duly sworn and examined in this
behalf, the Court finds that the said Caroline Sinex immediately
previous to her death was an inhabitant of the County of Floyd in the
State of Indiana, that on the 13th day of October 1903, the said
instrument was duly executed by the said Caroline Sinex as her last will
and testament, that the said Caroline Sinex at the time of executing the
same was competent to devise her property and not under coercion; and
that said will ought to be admitted to probate; and such testimony is
now written down subscribed by the said witness and no objection to the
probate of said will being made. Thereupon it is considered, ordered,
adjudged and decreed by the Court, that said will was duly executed
according to law and that the said will be and the same is hereby now
admitted to probate; It is further ordered, that the said will with
such testimony as to its execution be recorded by the Clerk of this
Court in the proper of record of wills.
348
Minute Book #9
OCTOBER 24th, 1903
IN THE MATTER OF THE WILL AND ESTATE :-
:-
OF CAROLINE SINEX, DECEASED. :-
Come now William G. Clinton, the executor named in the last will of
Caroline Sinex, deceased, and files affidavits to qualify as such and
tenders his bond in the penal sum of One Thousand Dollars ($1000.) with
Thomas G. Beharell and Chas. Kreutzer as his sureties thereon, who are
approved of as such by the Court and said Executor now takes the oath
required by Law and enters upon the discharge of the duties of his said
trust.
417
Minute Book 411
pgs 417, 418, 419
DECEMBER 14th, 1903
In the Estate of :- F i n a l R e p o r t
Caroline Sinex, :- No. 4254
deceased :-
Comes now William G. Clinton executor of the said estate and submits
to the Court an account and vouchers by him filed in final settlement
thereof on the 22nd. day of November 1905 and also files and submits
proofs of the posting and publication of notices to the creditors, heirs
at law and all others interested in said estate of the filing of said
account and vouchers and when the same would be heard, which notice and
proofs the Court on examination holds to be sufficient and that said
account and matters connected therewith are now properly before the
Court for final action thereon; Said report reads as follows: -
State of Indiana : - in the Floyd Circuit Court
:-ss
County of Floyd : - October Term, 1905
In the Matter of the Last will and :-
:-
Estate of Caroline Sinex, deceased :-
To the Honorable the Floyd Circuit Court :-
The undersigned, executor of the will and estate of said decedent,
respectfully submits to the Court the following, his account and final
settlement of said estate:
He charges himself as follows :-
With amount of inventory and appraisement filed herein $430.00
He claims the following credits, as evidenced by vouchers herewith
filed
No. of Voucher
1. - Paid to Shrader Bros. for funeral expenses $200.00
2. - Paid to Bettman Bros. for flowers 5.00
3. - Paid to E. A. Pierle for drugs 1.40
4. - Paid to R. W. Harris for medical services 13.50
5. - Paid to Dr. S. R. Walker for medical services on claim
allowed 5.40
6. - Paid to W. G. Clinton, executor for services 25.00
7. - Paid to George H. Hester, for services 30.00
8. - Paid to Charles B. Scott, clerk costs 19.75
9. - Paid to C. Heimberger & Son on claim allowed 3.00
10. - Paid county and State taxes 4.40
T o t a l $307.45
R e c a p i t u l a t i o n
Total amount chargeable $430.00
Total Credits above claimed 307.45
B a l a n c e $122.55
Said executor shows to the Cout that more than one year has elapsed
since the granting of letters of administration upon said estate and the
due publication of notice thereof, as evidenced by proofs of such
publication on file in the Clerk's office of this Court; That all of
the debts and liabilities of said estate have been paid and the assets
thereof fully administered on save as
418
to the disposition of said surplus so remaining in his hands.
Said executor futher shows that said decedent died testate and that it
is provided in her will, which is duly probated in this Court, that all
of her property real personal and mixed should to to her childred,
Lizzie Ford White, Flora Edna Rodman, Thomas Sinex and Elisha W. Sinex
in equal parts, excepting the piece of real estate on Beharrell Avenue
in plat No. 346 in Floyd County, Indiana, which was devised to her
daughter Maria L. Walker; and that therefore said balance is to be
distributed equally between said first named legatees.
Said Executor asks that this his account may be approved and the
amounts therein claimed for his own services and those of his attorney
be allowed; That he may be ordered to pay into the hands of the Clerk
of said Court said balance now in his hands; The he may be released and
discharged from his said trust and said estate adjudged finally and
fully administered.
William G. Clinton, Executor.
State of Indiana :-
:-
County of Marion :-
William G. Clinton being duly sworn upon his oath says: That the
foregoing his account as executor in the final settlement of the estate
of Caroline Sinex, deceased contains a correct and complete exhibit of
his doings and liability as said Executor and that the statements set
forth therein are true as he believes.
William G. Clinton
Subscribed and sworn to before me this 3rd. day of November, 1904
(seal) Carl R. Loop, Notary Public
My commission expires July 13, 1905
And the Court having examined said account and vouchers and having
heard evidence relating thereto finds that more than one year has
elapsed since the granting of letters upon said estate and the giving of
notice thereof; That said executor over and above all credits by him
claimed is chargeable with a balance of $122.55 as representing the
surplus of said estate remaining for distribution and that he has paid
the debts and liabilities of said estate and fully adminstered the same,
save and except as to the distribution of said balance so chargeable
against him. And the Court now allows the credits claim by said
executor in his said account, including therein the amojnts claimed for
his own services and in payment of attorney's fees.
The Court further finds from the statement of said executor filed with
or contained in said account and from proof heard in support thereof
that there remains after adminstration for distribution the sum of
$122.55 That said decedent died testate and provided in her will that
all her person property including said balance should be divided between
her children Lizzie Ford White, Flora Edna Rodman, Thomas Sinex and
Elisha W. Sinex.
And Said executor by order of Court now pays to the Clerk thereof the
said balance of $122.55 in full of the balance of said estate with which
he is chargeable as aforesaid And the Court now in all things approves
said account in final settlement and the acts of
419
said executor by him therein reported and directs said sum of $122.55 so
paid into Court distributed by the Clerk thereof among the heirs at law
above named in the proportions hereinbefore set out.
And it is further and finally ordered by the Court that said executor
be and he is now released and discharged from his said trust and said
estate be and the same is adjudged fully administered upon and finally
settled and determined.
Ordered that Court do now adjourn until to-morrow at 2 o'clock P. M.
/s/ William C. Utz Judge
NOTE: Caroline Sinex (nee Kerns/es), widow of Elisha West Sinex, Sr.,
were my great great grandparents.
Antoinette
          
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Copyright© by Antoinette, November 15, 1998
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