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Will of

Robert Douglas Timberlake

 

TIMBERLAKE, ROBERT DOUGLAS

Transcribed and contributed by his great great granddaughter Carole Hollingsworth

I Robert D. Timberlake, of the Township of Oxford, in the County of Henry and State of Illinois. Do hereby make, publish and declare this my last WILL AND TESTAMENT in manner and form as follows to wit:

1st It is my Will that my funeral expenses and all of my just debts be fully paid.

2nd After the payment of my funeral expenses and debts I desire to deal justly by and with my children and grand-children in distribution of my property, and therefor because I have heretofore advanced to my son Joseph M. (Now of Greenfield Iowa) to his full satisfaction a sum fully equal to the share he or his descendants would inherit in or be entitled to of my Estate, under the law in case I should have heretofore departed this life leaving no Will, and because he has in writing for a valuable consideration paid by me fuly released all of his claim to or upon my Estate as one of the heirs thereof therefore as I have already dealt justly with him I make to him no further or other devise or bequest than that he be allowed by my Executors or whoever shall administer upon my Estate, as well as by all of my other heirs to occupy as a home for himself and family the premises on which he now resides in Greenfield in the Ste of iowa for and during his natural life free of any rent except he shall pay all taxes or assessments that may be imposed on said property during the time he shall occupy the same, and when he shall cease to occupy said property as a home whether by death or otherwise or whenever he shall fail for the period of one year to pay any tax or assessments levied upon said property then his right to ocupy it shall cease and be fully determined, and said period of one year shall commence to run from the date when said property shall be sold for such tax or assessment, and no redemption of said property by said Joseph M. from such sale shall arrest the runing of said one year unless the same is made within six months after the date of such sale.

3rd I hereby direct that all sums of money owing to me at my death by any of my children or grand-children and evidenced by any note or written agreement by them or either of them, which I shall hold and which shall be unpaid at my death shall be taken to be and I hereby declare them advancements only from and out of my Estate, and for that purpose alone they shall be regarded by whoever may administer my Estate.

4th I hereby direct my Executors hereinafter named or the person or persons who may be appointed to Administer my Estate, to take posession of and rent my Real Estate (except said premises hereinafter described in the 5th clause of this will) and carry said rents into my Estate, and as soon as they can conveniently do so without loss or sacrafice of my Estate, to sell said Real Estate and convert the same into money, and in selling said Real Estate I authorize them to use their descretion and sell for cash or for part cash and the balance on a reasonable credit not exceeding three years from the date of sale, and they shall divide my Entire Estate as fast as the same shall be converted into money, into nine equal parts, and pay over and distribute the same as follows:

One part to my son William S.

One part ot my son Robert D.

One part to my son George

One part to my daughter Julia J. now the wife ot Charles wolbert.

One part to my daughter Delilah J. not the wife of J. H. Tilden

One part to my daughter Susan M now the wife of Arthur Wainright

One part to my daughter Lucy now the wife of William Furlong

One part to my daughter Ann now the wife of August Sherbeck.

And the remaining one ninth they shally pay over that distribute in equal parts to the three children of my deceased daughter Mary to wit: Mrs. Ella Frakes, Mrs. Anna Histed, and Mrs. Lillie Gran. And in case any or either of my said children or grand-children shall depart this life before such distribution shall be made, leaving no issue living at the time of said distribution, then the portion herein directed to be paid to such child or grand child shall be paid over to the surviving brothers and sisters, or to the surviving sisters as the case may be, of such child or grand-child of mine mentioned in this clause of my Wil, and to the chilren of those who may have departed this life leaving issue surviving at the time of any such distribution. In making such distribution or distributions, one regard shall be made to all advancements

mention or referred to in the 3rd clause of this Will, and the same shall be regarded as moneys due and owing to my Estate by the person or persons to whom such advancements have been made.

5th I direct my Executors or whoever may be appointed to administer my Estate to allow my grand-daughter Lillie Gran at any time within one year after my death and the due probate of this Will, to purchase Lot Six j(6) of block Eight j(8) in the Town of Alpha Henry County, Illinois, for the sum of $250. If she shall elect so to do, and said Lot shall not be outherwise sold until after the expiration of one year from and after the due probate of this will, and she shall be allowed to sue and occupy said property free of any rent for said period of one year.

6th I hereby direct my Executors not to sell said property in Greenfield in the State of iowa until my said son Joseph M. shall cease to occupy it ro shall forfeit his right of occupancy thereof as provided in the 2nd clause of this my Will, and if at any time while he shall so occupy said premises my children then living shall desire said property conveyed to my said son Joseph M for a nominal consideration they and my Executors or whoever may be appointed to administer my Estate shall join in a deed of said property to him which deed shall vest in him a complete title hereto, but I do not direct or advise my said children in the premises.

7th I hereby nominate and appoint my son William S and my neighbor Chanucy Howell Execotors of this my Will and I give to them and to the survivor of them as well as to anyAdministrator or administrators who may be appointed by the Court in which this will shall be probated, to administer my Estate in case my said Executors beofre named shall both die resign become incapicatated or refuse to qualify full power to make sign and execute any and all deeds necessary to the full and complete convayance of any and all of my Real Estate, without first applying to any court of leave so to do, and I direct that such further time beyond the period of two years be allowed them for the full settlement and distribution of my Esate as shall be necessary to the end that it be not sacrificed.

8th I hereby revoke all former Wills by me made or executed and confirm this and no other to be my last WILL AND TESTAMENT.

In witness whereof I have hereunto subscribed my name this the 23rd day of January A.D. 1892.

Robert D. Timberlake (LS)
Signed sealed, published and declared by the said Robert D. Timberlake as and for his last WILL AND TESTMENT, in our presence who in his prsence, and in the presence of each other and at his request have subscribed our names as witnesses hereto this 23rd day of January A.D 1892

(The word "entire" interlined in the 8th line of the 5th page of this Will was therein writted before the same was signed by the testator.)

     H. Bigelow
     Robert Knox
     Taylor Linn