The following Will having been duly probated in the Vanderburgh Probate Court, on the 20th day of March 1939, and ordered entered of record in the proper records of Wills of said County, the same is now here so entered:
I, John C.Miller, being of sound and disposing mind and memory, do make, establish and declare this to be my last will and testament hereby revoking all former wills made by me.
ITEM ONE. I hereby direct my executor hereinafter named to pay out of my estate as soon as possible after my death, all of my just debts and funeral and administration expences.
ITEM TWO. I give, devise and bequeath to my daughter, Ester B.Richards , the following real estate in Vanderburgh County, State of Indiana, to-wit:
Lot number twelve (12) Block number 8 (8) in Howell, now a part of the city of Evansville, Indiana, and known as 1623 Cumberland Avenue,
to have and to hold the same for and during the period of her natural life. At the death of my said daughter, Ester B.Richards, I give and devise said real estate to the children of said Ester B.Richards, to-wit: Beverly Jean Miller Richards, Lois Juanita Richards, Robert Owen Richards and Melvin Conrad Richards and to any other child or children of said Ester B.Richards begotten by her present marriage and excluding any child or children of said Ester B.Richards begotten by any subsequent marriage, said children to have and to hold said real estate in fee simple, share and share alike, the share or shares of any of said children who may die prior to the death of said Ester B.Richards to go to the survivor or syrvivors of said children in fee simple.
ITEM THREE. I give, devise and bequeath to my son, Charles R.Miller, the following real estate in Vanderburgh County, State of Indiana, to-wit:
Twenty-five (25) feet off the north end of Lot two (2) in Block four (4) in Howell now a part of the cit of Evansville, in Vanderburgh County, Indiana and more particularly described as follows: Begining at the north-west corner of said lot two (2); thence running eastwardly along the north line of said lot to the northeast corner thereof; thence south along the east line of said lot thirteen (13) feet, more or less, to the right-of-way of the Louisville and Nashville Railroad Company; thence southwestwardly along said right-of-way to a point twenty-five (25) feet due south of the north line of said lot; thence westwardly parallel with the north line of said lot to the west line there-of and at a point twenty-five (25) feet south of the northwest corner thereof; thence north along the west line of said lot twenty-five (25) feet to the place of beginning.
to have and to hold the same for and during the period of his natural life. At the death of said Charles R.Miller, I give and devise said real estate to the childrn of said Charles R.Miller, to-wit; Birdie Olla Miller and Margaret Ann Miller to have and to hold the same in fee simple and equal shares, and should either of said children die prior to the time of the death of said Charles R.Miller, then said real estate, upon the death of said Charles R.Miller, shall go to the survivor in fee simple, and in case both of said children die prior to the death of said Charles R.Miller, then upon the death of said Charles R.Miller said real estate shall become part of the corpus of my estate to be held and disposed of as hereinafter provided.
ITEM FOUR. It shall be the duty of my daughter, Ester B.Richards, and my son, Charles R.Miller, to pay all taxes and special assessments against the respective parcels of real estate devised to them as well as to keep the buildings thereon sufficiently insured against loss by fire and tornado and to keep said buildings in a reasonable state of repair, and it shall be the duty of my trustee hereinafter named to see that my said daughter and son pay said taxes, special assessments and insurance premiums, and keep said buildings in a proper state of repair, and my said son and daughter shall be required to file with my executor during the pendency of administration and with my trustee after said administration has terminated, vouchers or receipts showing the payment of such taxes, special asessments and insurance premiums.
ITEM FIVE. I give and bequeath to my nephew, Paul Nickens, my automobile with all of the equipment thereof.
ITEM SIX. I give and bequeath to each of my sisters who may be living at the time of my death the sum of two hundred fifty ($250.00) dollars in cash, the sisters in this item included being Amelia Sasse, Carie Oakley, Emma Hitch and Lillian Nickens.
ITEM SEVEN. All the rest, residue and remainder of my property, both real and personal, and of every kind and description, I give, devise and bequeath to the Franklin Bank and Trust Company of Evansville, Indiana, in trust to be held by it to carry out the terms of my will as herein specified, said trust to continue until the youngest grandchild herein named shall reach the age of twenty-one (21) years,when this trust shall terminate; and I do hereby authorize and empower my said trustee to do all things with my said property that shall, in its judgment, be to the best interest of my estate and of the best interest of my children, and the above-named grandchildren; and it shall keep all said property properly insured against loss by fire and tornado, pay all taxes and special assessments levied against the same either by payment in full or by installments as it may deem bent, and keep the same in proper repair, and said trustee shall be the sole judge as to the extent of such repairs; and my said trustee shall have power to lease, sell or dispose of any of said real estate or personal property in case it becomes necessary to do so, to improve the same and to change the investment of my money and property and money arising from the sale of any of my property, as my said trustee shall deem best subject only to the conditions and limitations hereinafter set out, provided however, said trustee shall not sell or otherwise dispose of any of the proceeds of real estate herein specifically devised to my children and grandchildren.
ITEM EIGHT.And my said tustee shall pay to my daughter, Ester B. Richards, and my son, Charles R Miller, and my son, John Harold Miller, should he reappear and prove his identity before the death of said Ester B. Richards and Charles R. Miller, each the sum of $25.oo per month during their natural lives, said payments to said John Harold Miller to begin after his reappearance and none to accumulate during his absence.
ITEM NINE. If property managed, the income derived from my property together with the principal and interest of funds on hand should, in the absence of any unforeseen depression or disaster, be sufficient to meet the payments herein provided without resorting to the sale of any of my said real estate, it is my desire that the Jefferson Avenue house in the city of Evansville, Indiana, be sold first.
ITEM TEN.should any of my investments at the time of my death consist ofstocks or bonds of my corporation, or stock in any banking ----------, my executor shall not be required to sell or dispose of the ------ -------, in its discretion, the sell thereof may be necessary to sell -------- to pay my debts or funeral or administrative expences, and my trustee shall not be required to sell the --------- but shall have the right to retain such investments as in its discretion it may deem in the interest of my estate, and neither my executor or my trustee shall be in anywise held responsible in ------ something for such retention should my estate suffer any loss by reason of such retention and shall be liable only for the gross negligence or ------- management in the retention or disposal of said stocks or bonds.
ITEM ELEVEN. In the event that either of my said children, Ester B. Richards, or Charles R. Miller, fail to pay the taxes and special assessments against thier respective tracts of real estate hereby devised, before such taxes and assessments become delinquent, or fail to keep said property insured against loss by fire and tornado, or fail to pay the premiums on such insurance policies, or fail to keep said property in a fair state of repairs, then my said trustee shall pay said taxes, special assessments, insurance premiums and expense of keeping said property in repair and shall deduct the respective sums required to do so from the $25.00 monthly payments herein provided; and in the event the income from my property after payment of all necessary expenses, upkeep, taxes, special assessments and insurance premiums is insufficient to pay the $25.00 monthly payments herein provided for, then my said trustee shall, in its discretion, resort to the corpus of my estate to raise funds to make said monthly payments, or said trustee may, in its discretion, reduce the amount of such monthly payments provided that such monthly payments to each of my children shall be equal in amount.