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LAST WILL AND TESTAMENT OF NATHAN W. TOMLINSON

I, NATHAN W. TOMLINSON, at this time a residence of the city of Anderson, Indiana, Madison County, and, being of sound and disposing mind and memory, do make, publish and declare this to be my last will and testament, hereby revoking all former wills by me made:

ITEM 1. It is my will that all my just debts be paid; and that Emma A. Tomlinson, my daughter, who is now living in my home at Anderson, Indiana, shall be paid for her services, in such sum we shall agree upon; and all other bequests and devises in this will are subject to this item.

ITEM2. I hereby bequest to my beloved wife, Lavina J. Tomlinson, all household goods, furniture and furnishings of which I may die possessed, together with all other personal property used by us in and about our home. I hereby give and bequest to my beloved wife, Lavina J. Tomlinson, Five hundred Dollars ($500.00) in cash, the same to be paid to my wife by my executor out of the first monies that come into his possession as such executor. I give, devise and bequeath to my beloved wife, Lavina J. Tomlinson, the income from the residue of my estate both real and personal for and during her natural life; said residue both real and personal to be in the possession and control of my executor or executors, and the income from same, after deducting legitimate expenses for managing same to be turned over to my said wife; and said executors shall be required to make an accounting to my said wife, Lavina J. Tomlinson, quarterly; that is, at least once each three months. The provisions in this item to my beloved wife, are in lieu of her rights, by descent, or otherwise in my estate, both real and personal.

Item 3. It is my will and I hereby authorize and empower my executors to take full charge and control of my estate both real and personal of which I may die seized or possessed; and I hereby authorize and empower my said executors with full right and authority to the same, both real and personal to manage and control said estate real and personal, if, in their judgement, such sale is necessary to protect my estate, or, is, in their judment, beneficial or an aid in carrying out the provisions of item 2 of this will. It is the intent of this item to give my executors full management and control of my estate so as to enable them in their judment to get and procure the largest income possible for the fulfillment of item 2 hereof; provided however, that all changes of investments, and sales of real estate shall be made upon petition to, and order of, the Court having jurisdiction over the settlement of my estate.

Item 4. I have during my lifetime made the following advancements:

To my daughter, Mary S. Mong, wife of B. B. Mong, of Muncie, Indiana, on Jan. 20th, 1909, $525.00

To my son, Wm. J. Tomlinson, Jay County, Indiana, on Jan. 20th, 1909 $475.00

To my son, Marion S. Tomlinson, whose residence is now unknown, on Jan 20th, 1909 $500.00 Also, on April 2, 1914 600.00 Also, on April 6, 1914 813.29

To my daughter, Martha A. Blazier, wife of John Blazier, of Delaware County, Indiana, on Jan. 20th, 1909, $375.00 Also on April 10, 1911 200.00

TOTAL $575.00 To my daughter, Nora A. Lizar, wife of William C. Lizar, of Anderson, Indiana, on Jan. 20th, 1909, $375.00

To my son, Roy L. Tomlinson, Delaware County, Indiana, on January 20th, 1909, $375.00 also, on Feb. 25, 1911 55.00 also, on July 8, 1911 241.45

TOTAL 671.45 To my daughter, Emma A. Tomlinson, unmarried, Anderson, Indiana, on Jan. 20th, 1909, $375.00

To my son Elmer A. Tomlinson, Delaware County, Indiana, on Dec. 19, 1907, $400.00 also, on Jan. 20, 1909, 375.00

TOTAL $775.00 To my son, Bert W. Tomlinson, Lake County, Florida, on Feb. 18, 1914 $100.00 To my daughter, Cordella Baker, wife of Orlen E. Baker, Muncie, Indiana, on Jan. 12, 1911, $100.00

In addition to the above advancements I am security on various notes for some of my above sons and daughters. In event I pay said notes or in event some or any portion of them are paid out of my estate the amount so paid here after shall be considered an advancement and shall be added to the advancements above specified.

In event I sign additional notes for any of my above sones and daughters, and pay same, or same are paid out of my estate, the amount so paid hereafter shall be considered and advancement and shall be added to the advancements above specified.

If for any cause either of my sons or daughters repay to my any sums of money to offset the above advancements such sums shall be deducted from said advancements above set out of hereinafter made in the final settlement of my estate.

Any advancements or loans that I shall hereafter make to either of my sons and daughters, unpaid at the time of my death shall be considered as advancements and shall be computed with the above advancements in the settlement of my estate.

My son Marion B. Tomlinson, whose residence is unknown has already received more than his share of my estate, and has already received more than his brothers and sisters will receive, it is my will, therefore, that he take nothing further from my estate.

Item 5. I give, devise and bequeath the residue of my estate, both real and personal so the following children, share and share alike; Mary S. Mong, William J. Tomlinson, Martha A. Blazier, Nora A. Lizar, Roy L. Tomlinson, Anna A. Tomlinson, Elmer A. Tomlinson, Bert W. Tomlinson, and Cordella Baker, provided that the share of each child shall be charged with all advancements as set out and specified as having been made, or hereafter to be made, in item 4 hereof, advancements to be computed at face value, no, account to be taken of interest subsequent to time of making advancement.

Provided, however, that Martha A. Blazier is indebted to Emma A. Tomlinson in the sum of $500.00 and interest for money loaned by Emma Tomlinson to Martha A. Blazier, and in event said debt or any portion of same is not paid at the time of the distribution of the property under this item, said sum of $500.00 with interest or so much thereof as remains unpaid, shall be deducted from the share of Martha A. Blazier and paid to Emma A. Tomlinson, and said debt shall be thereby extinguished.

In computing shares hereunder advancements shall be added to the above residue of my estate, division into shares made and then avancements deducted from the respective shares, as charged against the respective children.

Item 6. In event either of the residuary legatees and devisees, mentioned in item 5 hereof, shall die, prior to my death, without any children or direct descendants, then and in that event the share that is bequeathed and deviced to said legatee and devisee shall go to and I hereby bequeath and devise same to the remaining legatees and devisees, mentioned and designated in said item 5, share and share alike, subject in all other respects to the provisions of said item 5.

Item 7. I constitute, nominate and appoint, William J. Tomlinson, my son, and Orlen E. Baker, my son-in-law, as executors of this my last will and testament.

WITNESS my hand an seal this 4th day of May, 1915, at Muncie, Indiana.

This will consists of 7 items and 5 pages. Nathan W. Tomlinson

The foregoing instrument, signed, sealed and acknowledge, by said NATHAN W. TOMLINSON, as and for his last will and testament, in our presence, who, at his request, in his presence, and in the presence of each other, have subscribed our names as witness thereto this 4th day of May, 1915.
Arthur D. McKinley
Charles F. Koontz

THE STATE OF INDIANA, MADISON COUNTY, SS: BE IT REMEBERED, That on the 23rd day of November, 1921, Arthur D. McKinley one of the subscribing witnesses to the within and foregoing last Will and Testament of Nathan W. Tomlinson late of said county, deceased, personally appeared before George W. Winfrey Clerk of the Circuit Court of Madison County, in the State of Indiana, and being duly sworn by the Clerk of said Court, upon oath, declared and testified as follows, that is to say: That on the 4th day of May, 1015 he saw the said Nathan W. Tomlinson sign his name to the said instrument in writing as and for his last Will and Testament; and that this deponent, at the same time, heard the said Nathan W. Tomlinson 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 Nathan W. Tomlinson and with his consent attested and subscribed by the said affiant and Charles F. Koontz in the presence of said testator, and in the presence of each other, as subscribing witnesses thereto, and that the said Nathan W. Tomlinson 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 desponent verily believes, and further deponent says not.
Arthur D. McKinley

Sworn to and subscribed by the said Arthur D. McKinley before me, George W. Winfrey Clerk of said Court, at Anderson, Indiana, the 23rd day of November 1921.

IN ATTESTATION WHEREOF, I Have hereunto subscribed my name, and affixed the seal of said court.
(SEAL) George W. Winfrey
Clerk

Nov 23d 1921 Will Examined Evidence heard. Will ordered Probated and Recorded

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Newspaper Article - N. W. TOMLINSON Will Probated

The will of Nathan W. Tomlinson has been filed and probated in the circuit court. After making special request that his daughter, Emma A. TOMLINSON, be paid for special services rendered by her he gives to his widow, Lavina J. TOMLINSON $500.00 cash and a life estate in all his personal and real property. At her death the property is to be divided equally among his children. Those sharing in the residue of his estate are Mary S. MONG, of Muncie; William J. TOMLINSON, or Jay county; Martha A. BLAZIER, of Delaware County; Nora A LIZAR, of Anderson; Roy L. TOMLINSON, Delaware County; Emma A. TOMLINSON, Anderson; Elmer A. TOMLINSON, Delaware County; Bert W. TOMLINSON, Lake County, Florida; Cardella BAKER, Muncie.

An exception is made of his son, Marion S. TOMLINSON, whose residence is unknown. He is excluded from all interest in the estate for the reason he has already received more than his share of the estate. Note is made of advancements made to all of the children which is to be taken into account when they succeed to the remainder of the estate after the death of his wife. The will was executed at Muncie, May 4, 1915.

William A Kittinger
Judge