Last Will and Testament
Frances Hilligoss, deceased
I Frances Hilligoss, of Shelby County Indiana, being of sound mind and of
disposing memory, do hereby make, publish and declare this my last will and
testament in manner and form following:
Item 1. I will and direct that all my just debts and funeral expenses be
first paid by my executor hereinafter appointed.
Item 2. I will and devise all my personal property of every kind and
description to my five children Lauren A. Hilligoss, James I. Hilligoss, Anna
Katherine Chapman, Georgia G. Griffin, and Minerva Jane VanPelt share and
share alike, subject only to the Provisions herinafter contained.
Item 3. I will and devise to my two sons Lauren A. Hilligoss and James
I. Hilligoss the following described real estate in the city of Shelbyville,
Shelby County, Indiana, towit:
All that part of Out lot number two (2) between Washington and Franklin
Streets in the original town, now city of Shelbyville, described as follows:
beginning at a point on the north side of said Washington street one hundred
and seventy four (174) feet west of the south east corner of said Out Lot,
and running thence north one hundred and ninety eight (198) feet to the south
line of said Franklin street; thence east on said Franklin Street sixty (60)
feet; thence south one hundred and ninety eight (198) feet to the north line
of said Washington street; thence west on said Washington street sixty (60)
feet to the place of beginning, subject to a private alley of six feet in
width off of the entire east side of said described tract extending from said
Washington street to Franklin street. It is my will that my said two sons
shall divide said tract hereby willed to them between themselves as nearly
equally as possible and so that each may have one of the dwelling houses,
Item 4. I will and devise to my two daughters Anna Katherine Chapman
and Minerva Jane VanPelt the two story double house located on the east Part
of the lot located on the corner of East Mechanic and Noble Street in the
city of Shelbyville, and to my daughter Georgia G. Griffin the dwelling house
located on the west part of said lot which lot is more particularly described
as follows: - All that part of Lot Number Fourteen (14) on Mechanic street on
the corner of Noble street in the city of Shelbyville, Indiana, Included
within the following boundaries Commencing at the north west corner of said
Lot number fourteen (14), on Mechanic street in said city on the corner of
Noble street and running thence east on and along Mechanic street eighty
eight (88) feet; thence south eighty two and one-half (82-1/2) feet to an
alley; thence west on and along said alley eighty eight (88) feet to Noble
street; thence north on and along Noble street eighty two and one half
(82-1/2) feet to the place of beginning. It is my will that the line
dividing said double dwelling house willed to Anna Katherine Chapman and
Minerva Jane VanPelt from the dwelling house hereby willed to Georgia G.
Griffin be established and fixed midway between said dwelling houses, and I
will to the said Georgia Griffin the dwelling house located on the west part
of said lot and so much off of the west side of such lot as lies running
midway between said dwelling houses and to the said Anna Katherine Chapman
and Minerva Jane VanPelt all that part of said lot above described lying east
of a line running north and south midway between said dwelling houses.
Item 5. Should I sell any of the above described real estate herein
willed to my said children prior to my death, then I will and direct that the
said child or children not receiving any real estate above described by
reason of my having sold the same, shall be paid the sum of eighteen hundred
($1800.00) out of any personal property coming late into the hands of my
executor before such executor shall make distribution of said personal
property as hereinabove provided. The purpose and intent of this item of my
will being to equalize my property between my said children as nearly as
possible, and that any child or children not receiving the real estate above
willed to them by reason of my selling same shall each receive the sum of
eighteen hundred dollars in cash in lieu of said real estate.
Item 6. In the event of the death of any of my children prior to my
death then it is my will that the children of said deceased child or children
shall take the part of my property both real and personal which my said child
or children would have taken had they been living; and should any of my said
children die prior to my death without living issue then it is my will that
the part said deceased child or children would have taken under this will
shall go to my other children then living and to the children of such as are
deceased share and share alike, children of deceased taking the part deceased
would have taken if living.
Item 7. Whereas some of my said children are indebted to me on certain
promissory notes for money loaned to them, now in the event that some of said
notes shall remain unpaid at my death, then I will and direct that the amount
owing me by any of said children shall be taken into account in making
distribution of my personal property as provided in Item two of this will
and the amount so owing me by any of said children shall be deducted from
their distributive share of said personal property, but no interest shall be
calculated on said notes.
Item 8. I hereby nominate and appoint my son Lauren A. Hilligoss
executor of this my last will and testament, hereby revoking any and all
former wills by me at any time made.
In witness whereof I have hereunto set my hand In the presence of
Woodville B.Kirk and J. Oscar Hall whom I have requested to become attesting
witnesses hereto, this sixteenth day of December, 1918.
Frances Hilligoss having subscribed the above instrument in our presence
and in the presence of each of us and having declared the same to be her last
Will and testament, we at the same time and in her presence and at her
request and in the presence of each other do hereby affix our signatures as
atesting witnesses thereto, this the sixteenth day of December, 1918.
Woodville B. Kirk Shelbyville, Ind.
J. Oscar Hall Shelbyville, Ind.
State of Indiana, Shelby County, ss:
BE IT REMEMBERED, That on the 15th day of September, 1919, J. Oscar Hall
one of the subscribing witnesses to the within and foregoing last will and
testament of Frances Hilligoss late of said county, deceased personally
appeared before Gordon Thurston, clerk of the circuit court of Shelby County,
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
16" day of December, 1918, he saw the said Frances Hilligoss sign her name to
the said instrument in writing as and for her last Will and Testament; and
that this deponent, at the same time, heard the said Frances Hilligoss
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
the said Frances Hilligoss and with her consent attested and subscribed by
the said J. Oscar Hall and Woodville B. Kirk in the presence of said testator
and in the presence of each other, as subscribing witnesses thereto, and that
the said Frances Hilligoss 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.
J. Oscar Hall.
Sworn to and subscribed by the said J. Oscar Hall, before me, Gordon
Thurston, clerk of said court, at Shelbyville, the 15" day of September 1919.
IN ATTESTATION WHEREOF, I have herunto subscribed my
name and affixed
the seal of said court.
( SEAL ) Gordon Thurston,
Clerk Shelby Circuit Court.
State of Indiana, Shelby County, SS:
I, Gordon Thurston Clerk of the Circuit Court of Shelby County, Indiana,
do herby certify that the within annexed Will and testament of Frances
Hilligoss has been duly admitted to probate, and duly proved by the testimony
of J. Oscar Hall one of the subsribing witnesses thereto, that a complete
copy of said will, and of the testimony of said J. Oscar Hall in proof
thereof, has been by me duly made and recorded in Book 7 at pages 424, 425,
426 of the record of wills of said county.
IN ATTESTION WHEREOF, I have hereunto subscribed my name and
affixed the seal of said Court, at Shelbyville, this 15th day of September,
( SEAL ) Gordon Thurston, Clerk Circuit Court, Shelby County
Submitted by Pat Lorentzen
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