Courthouse Records
Last Will
Elizabeth G. Billman
I, Elizabeth G. Billman of the City of Shelbyville, County of Shelby, and State of 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;
First, I will and direct that all of my just debts and funeral expenses to be paid as soon as convienently can be done after my decease.
Second, I give and bequeath to my children Otto Billman, Elmer Billman, Edward Billman, Emma Dickerson and Anna Yarling share and share alike, all of the remainder and residue of the real estate owned by me at the time of my death, wheresoever located except the residence property now occupied by me as a home and located on West Broadway St. in the City of Shelbyville, Ind. to have and to hold same for and during the term of their natural lives, and upon the death of said children or any of them, their respective shares to go to the heirs of their bodies, if any these be living, and if any of said children shall have no issue living at the time of their death their shares shall go to the others of said children then living.
Third, I will and devise that my Executor shall as soon as can be conviently done after my death, convert into cash my said residence property located on West Broadway Street in Shelbyville, Indiana, said action to be taken under the order and direction of Shelby Circuit Court.
Fourth, I will and direct that the proceeds received from the sale of my said residence property located in the City of Shelbyville, and from the sale of any personal property which I may own at the time of my death and all moneys shall be divided among my children as follows:
One fifth to Otto Billman, One fifth to Elmer Billman, One fifth to Emma Dickerson, One fifth to Anna Yarling and One fifth to Otto Billman as Trustee for the use and benefit of my son Edward Billman, the said Otto Billman as such trustee to use said money so held by him in trust to provide the necessaries of life for the said Edward Billman and the said Otto Billman may if he see fit pay said money to the said Edward Billman in cash provided that the total amount of money used by the said Otto Billman in providing for the said Edward Billman as above directed and paid to the said Edward Billman in cash, shall not exceed Fifty ($50.00) Dollars in any one month.Fifth, I nominate, constitute and appoint my two sons, Otto Billman and Elmer Billman Executors, of this my last Will and Testament and in case either of said sons shall not be living at the time of my death it is my will that the others shall act alone as such Executors of this will.
It is my will that the money is held by the said Otto Billman in trust for the said Edward Billman shall in no wise be used to pay any debts contracted by the said Edward Billman, nor shall it be subject to execution or other legal process. If the said Otto Billman be not living at the time of my death or should he for any reason refuse to perform the duties imposed upon him in this Item as such Trustee, then it is my will that my son, Elmer Billman shall be and act as such Trustee and assume and perform such duties and in case both the said Otto Billman and Elmer Billman shall not be living at the time of my death, or shall for,any reason neglect or refuse to perform such duties as sasid Trustee, then it is my will that the Shelby Circuit Court shall appoint some competent person to act as such Trustee and to assume and perform such duties.
Sixth, I hereby revoke all former wills and Testamentary dispositions by me at any time heretofore made and especially a Will made by me on the 10th day of November 1908, and will made by me on the twenty Fourth day of April 1912.
In Witness Whereof I have hereunto set my hand and seal this eighth day of October 1912 in the presence of Thomas W. Fleming and J. Oscar Hall, whom I have requested to become attesting witnesses hereto.
Elizabeth G. Billman
The foregoing instrument was subscribed and sealed by Elizabeth G. Billman and declared by her to be her last Will and Testament in our presence, and in the presence of each of us, and we, at the same time and at the request of the said Elizabeth G. Billman and in her presence, and in the presence of each other, hereunto subscribe our names and residences as Attesting Witnesses to this Instrument, this Eighth day of October 1912.
Thomas W. Fleming, Shelbyville Ind.
J. Oscar Hall Shelbyville Ind.
State of Indiana, Shelby County SS;
Be It Remembered, That on the 9th day of December, J. Oscar Hall, one of the subscribing witnesses to the within and foregoing last Will and Testament of Elizabeth G. Billman, late of said County, deceased, personally appeared before Otto L. Coyle 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 8" Day of October 1912, he saw the said Elizabeth G. Billman 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 Elizabeth G. Billman 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 Elizabeth G. Billman and with her consent attested and subscribed by the said Thomas W. Fleming and J. Oscar Hall in the presence of said testator, and in the presence of each other as subscribing witnesses thereto and that the said Elizabeth G. Billman 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 an subscribed by the said J. Oscar Hall before me Otto L. Coyle Clerk of said Court at Shelbyville the 9" day of Dec. 1912.In Attestation Whereof, I have hereunto subscribed my name and affixed the seal of said Court.
( SEAL ) Otto L. Coyle Clerk
Shelby Cir. Ct.
I, Otto L. Coyle, Clerk of the Circuit Court of Shelby County, Indiana do hereby certify that the within annexed Will and Testament of Elizabeth G. Billman had been duly admitted to probate and duly proved by the testimony of J. Oscar Hall one of the subscribing witnesses thereto that a complete record of said Will and of the testimony of the said J. Oscar Hall in proof thereof has been by me duly made and recorded in Book 6 pages 236-237-238 and 239 of the record of Wills of said County.
In Attestation Whereof, I have hereunto subscribed my name and affixed the seal of said Court, at Shelbyville this 9" day of Dec. 1912.
( SEAL ) Otto L. Coyle Clerk
Transcribed by Barb Huff