Last  Will  and  Testament
of
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, located thereon.
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



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, 1919.

( SEAL )           Gordon Thurston, Clerk Circuit Court, Shelby County
Submitted by Pat Lorentzen

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