WILL of BENJAMIN L. SILLIVAN

[Transcript only - have not located actual will]
1843 - Bloomington, Indiana

WILL RECORD BOOK No. 2--Monroe County Courthouse Bloomington, Indiana Pages 28 and 29. See also Monroe County Historical Society P. 3-70.

I, Benjamin L. Sillivan, of the County of Monroe and State of Indiana, do make and publish this my last will and testament hereby revoking and making void former wills by me at any time heretofore made.

First I direct that my body be decently interred and that my funeral be conducted in a manner corresponding with my estate and situation in life, and as to such wordly estate as it has pleased God to intrust me with, I dispose of the same in the following manner, to wit: I direct first that all my just debts and funeral expenses be paid as soon after my decease as possible out of the first money that shall come to the hands of my executors from any portion of my estate real or personal.

I direct a fair valuation or appraisement be made by three judicious neighbors of all my said estate including household furniture, and after being signed with their names, a copy be given by them to each of my Executors. I will that the Executors well a sufficient amount of my personal property be sold in 12 months, credit to satisfy all my debts, the property to be selected by my Executors. I direct that my beloved wife, Eliza, be possessed of all the remaining property real and personal during her lifetime or widowhood. the final settlement of the estate be equally divided between my beloved children, all excepting three, Richard M. Sillivan, John L. [T.?] Sillivan and Mary I. [J.?] Linville. I have given them their portion.

Executors: wife, Eliza Sillivan and Elmore Walker [prominent figure in the community-later father-in-law of Benjamin's son, Ira]

Given under this 26th day of May, 1843 Benja. L. Sillivan Attest: John W. Edward and Roland A. Walker David Browning, Clerk, certifies foregoing will was proved by the oaths of John W. Edward [Evans?] and Roland A. Walker. June 28, 1843. P. 150 Feb. tern - 3rd day, 1846

Probate Order Book No. 2 or D Elmore Walker, exec. moves for settlement claim for services $14.50. $150.97 for personal property. $145.11 paid for proper legal demands. Leaves $10,86 retained for part payment of his services (Maybe the name on will should be Elmore Walker, a man, instead of Elenore) Court Approved August, 1846 Exec, Elmore Walker asks for deed of five acres, described, sold by Benjamin L. Sillivan to Joseph Walker [older brother to Elmore?]. Court Appointed Samuel H. Buskirk as commissioner to cover by deed the real estate.

Monday, July 26, 1858 Pages 183-184-190-191-217-386 Probate Order Book No. D Sillivan Heirs vs. Sillivan Heirs John Thrasher, guardian of Gilbert S. Sillivan [Gilbert Sullivan is Benjamin’s grandson, son of Edwin Fletcher Sillivan, deceased. John Thrasher is Gilbert’s grandfather on his mother’s side] and Absolam Baker [the brother-in-law of Eliza Gentry. He and his wife took charge of the girls after Eliza’s death.], guardian of Susan R. H. Sillivan and Martha P. Sillivan vs Ira J. Sillivan and Manoah H. Sillivan Mortan C. Hunter, attorney for defendants admits all facts in petition to be true. Lands and tenements claimed in said petition heard by Court and inspected titles, consent that said parties are owners jointly of the inheritance of said lands. Description of land given: Sec 15-Twp. 7 - North, excepting 5 acres belonging to Joseph Walker. SE1/4, NE1/4 of NE quarter and same section and range (Range 2) west; also NW1/4 of NE quarter SW1/4 of NE quarter; also 30 acres; also 25 acres (I did not write desc.) also another part which has been occupied for almost 20 years. Partitions to be made to: Ira J. Sillivan 1/5 part in value Manoah H. Sillivan 1/5 part in value Susan R. H. Sillivan 1/5 part in value ... Court appointed James Carmichael, James P. Morgan and Rowland Walker, three distinguished resident freeholders of Monroe County and not of kin as commissioners to make the partitition. Services $1.50 each.

July 28, 1858 Pages 190/91 - Probate Order Book No. 2. - Court decided the above land belonging to late B. L. Sillivan to be sold at public auction. Place of auction to be in Township of Indian Creek in which said real estate is located. Bond of Commissioners to be set at $5000. Page 386 - Sold to Ira J. Sillivan for $1720.71. Above land. Vouchers for costs and expenses $124.69. $1596.02 to be divided amoung the 5 heirs. Each received $319.20 1/5 as his part. Receipts were filed by each. names were given: Ira J. Sillivan, Manoah H. Sillivan, John Thrasher, as Guardian for Gilbert S. Sillivan, and Absolam Baker as guardian for Susan R. H. Sillivan, and Martha P. Tarkington and James O. Tarkington, he being the husband of the said Martha, formerly Martha P. Sillivan. ...

[comments by Elizabeth Tuck tuckea@cinci.rr.com] 2011