Philip   Timberlake

Complete Record Probate:  Book G
May 1849-May 1851
Pages 208-216

MAY TERM A.D. 1850

          Pleas held at the Court House in Shelbyville, in and for County of Shelby in the State of Indiana, before the Honorable Cyrus Wright, sole judge of the Probate Court of Shelby Co., for the May term in the year of our Lord one thousand eight hundred and fifty.

Herman Keeler
Executor of the last will and testament of  Philip Timberlake, decd.

          Be it remembered that on the sixth judicial day of the Aug term eighteen hundred and forty eight of the court aforesaid before said towit on Saturday the twelth day of August in the year last aforesaid.  Now comes the said  Herman Keeler  and brings and produces the last will and testament of Philip Timberlake who is now deceased, which said will on motion duly proved here in open court by Henry H. Boggess one of the subscribing witnesses therto which said will and the proof and examination of said witness.  reads in the words and figures following Towit.

To all whom it may concern be it known that I Philip Timberlake of Shelby Co. and State of Indiana do hereby revoking and making void all former wills by me at any time made.

first   I direct that my body be decently interred and that my funeral be conducted in a Christian and becoming manner, and as to such worldly estate as it has pleased God to entrust me with I dispose of the same in the following manner. V____ [?]
I direct first that all my just debts and funeral expenses be paid as soon after my deceased as possible, out of the first money that shall come into the hands of my Executor.  I also direct that  David Northcott  my Grandson (should said Grandson to the age of twenty one years) receive and be paid the amount of $175.50 lawful money of the U.S.  The said amount of money being lawfully and justly coming to and belonging to said David Northcott my Grandson so soon as he becomes twenty one years of age.  The said amount of money being, in consideration and payment in full of money received by me the underneath testator as Guardian of and for the said David Northcott my Grandson.  I also direct that  Polly Bovard,  Elizabeth Stephenson,  Benjamin Timberlake,  Nancy Campbell,  Joel Timberlake,  Catherine Gilbert,  Sarah Fee,  Martha Berry,  Harriet Rouse,  Charles Timberlake,  all my children and David Northcott my grandson on right of his mother  Agnes Northcott  also my daughter, shall each of them severally receive  John Timberlake,   my son the sum of $5.00 each as herin after directed and prescribed.  I further direct that my beloved wife  Francis Timberlake  during her natural life will to have and hold the same will all the rents profits and proceeds except so much as is necessary to fulfill my will and testament as herinafter conducted.  I further direct that after her my said wife's death, my son John shall receive all and singular the real and personal property than and let that time belonging or in any way appentaining to my estate, to have and to hold the same to his own paper use benefit and behoof forever his heirs administrators or assigns.  I further direct that my said son John shall within 12 months after his mothers deceased pay over to the above named brother and sisters or their heirs the sum of $5.00 as above named and to effect and accomplish and fulfill this my intentions.  I hereby invest  James Babbitt  of Marion Co. Ind with full Power as my executor to sell so much of any part of my estate real or personal and in my name to sign seal and deliver any deed bill or investment in writing that may be necessary to convey real or personal estate as I myself might or could do were I personally present as shall be necessary to pay the aforesaid sum of $175.00 to the above named David Northcott my grandson as herein before named and also so much as shall be requiered to pay all my just debts and funeral charges and further I do hereby appoint said James Babbitt my attorney, to do perform and execute for me and in my name all and singular thing or things which are or may be necessary touching or concerning the premises of fully thoroughly and entirely and I the said Philip Timberlake ought or could do in and about the same ratifying and confirming whatsoever my attorney. shall lawfully do or cause to be done in and about the above permises. by virtue of these presents  In witness. whereof I Philip Timberlake the testator have hereunto set my hand and seal this second day of Sept 1847
Philip Timberlake (seal)

Signed sealed and declared by the above named Philip Timberlake as his last will and testament in the presence of us who have hereto signed our names as witnesses thereto in the presence of the said testator and the presence of each other attest.
          Duncan McDougall,
          Henry H. Boggess.
State of Indiana Shelby Co.     seal

Before the Probate Court of said county personally came in open court Henry H. Boggess of lawful age and being duly sworn on his oath. says he heard and saw Philip Timberlake who is now deceased sign seal and publish and declare the foregoing instrument of writing to be his last will and testament that he verily believing that the said testator was of sound mind and memory at the time of his execution and that he was lawful age devise his property and not under restraint or coercion and that he signed his name thereof as a witness in the premises of said testator and in the presence of   Duncan McDougall  the other subscribing witness thereto.
Henry H. Boggess

Sworn to and subscribed in open court before me this twelfth day of August A.D. 1848
J Vernon clk

and the said Herman Keller also files the renunciation of James Babbitt the Executor and attorney named in said will renouncing and relinguishing his right to the administration of the estate of said testator which said renunciation reads in the words and figures following Towit., Honorable Judge of the Probate Court of Shelby Co., The undersigned being appointed by Philip Timberlake of Shelby Co. in his lifetime Executor of his estate in his last will and testament now acceased would respectfully say that I decline acting as Executor of said estate therefore request another appointed in my place Aug 8, 1848
James Babbitt
Witness by Herman Keeler

And the said Herman Keeler now asks the court to grant him letters of Admintration with the will annexed on said Estate which is accordingly done and that upon the said Hermon Keeler together with Henry H. Boggess as his security executes a bond herein which reads in the words and figures following towit. "Know all men by that we Herman Keeler and Henry H. Boggess all of Shelby Co. are held and firmly bound unto the State of Indiana in the sum of $500 for the payment of which will and truly be made and done we bind ourselves, heirs, Executors and Admintrators jointly and sever- ally firmly by these presents sealed with our soles and dealed this twelfth day of Aug. A. D. 1848 The condition of the above obligation is such that if the above obligation is such that if the above bound Herman Keeler shall deligently and faithfully execute the duties and trusts committed to him as administrator with the will annexed with of the Estate if Philip Timberlake deds. and will obey all orders and decrees of the Probate Court of Shelby Co., made persuant of law touching the adminis- tration of the estate, entrusted to him there the above obligation is to be void of none effect otherwise to be and remain in full face and vertice in law
Herman Keeler     seal
Henry H Boggess       seal

Transcribed by Phyllis Miller Fleming
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