WILL OF CALVIN TUNNELL Last Will and Testament of Calvin Tunnell decd Filed April 19th 1867 To all to whom these presents shall come Greeting. Know ye that I Calvin Tunnell of the County of Green and State of Illinois being of lawful age and of sound and disposing mind and memory being fully persuaded that I am fully able to dispose of my earthly effects, Do Make and ordain this my last will and Testament in manner and form as follows towit 1st That portion of me which is immortal I cheerfully resign to God who gave it me and who has kept and preserved me all my life long to this day and has lead me safely through the storms of seventy four winters and has saved me from the love of sin and has caused me to love righteousness and Justice and to hate iniquity and injustice. In order to make the distribution of my property among my children as near equal and Just as the circumstances will permit me to do according to what each one has done in helping make the property some having done much more than others. I first in addition to what each one has already had I give and bequeath to my oldest son living Daniel L. Tunnell the farm on which he lives being the land I purchased from James M. Foster. 2d I give and bequeath to my son John Tunnell the farm on which he lives which I purchased from Jonathan L. Wood except the south half of the timber which he swaped for Elvira timber, this bequest is made however on the conditions that John pays back to my estate one thousand dollars to enable me to bring up other legacies to approximate nearer to his and to make the legacies as nearly equal as possible. 3d I give and bequeath unto son Calvin W. Tunnell the farm on which he resides which we purchased from Lorenzo D. Morris. 4th I give and bequeath to my son Andrew J. Tunnell the farm on which he now resides being my old homestead containing about three hundred and ten acres. This bequest is however on the condition that he pays back to my estate the sum of two thousand dollars to enlarge the legacy of others. 5th I give and bequeath unto my daughter Elvira A. Lyons the little farm which I purchased from W. C. Keele and George Stukey. I also give her the south half of the eighty acre lot of timber which I purchased from Jonathan L. Wood. In order to make all legacies as equal as possible I give and bequeath to my daughters in addition to what they have had heretofore as follows to witt To my daughter Polly Witt Two Hundred dollars To my daughter Nancy Summers Eight hundred dollars To my daughter Elizabeth Summers Eight hundred dollars. After these specific legacies are paid I wish all my estate not included divided equally among my children or their legal representatives as follows towit To William A. Tunnell deceased, Daniel L. Tunnell, Polly Witt, Eliza Jane Witt, Nancy Summers, Elizabeth Summers and Elvira A. Lyons. In making these bequests, I do not intend to make them in fee or fee simple as I understand the term but with restrictions. If any of my aforesaid children shall die leaving no issue living at the time of his, her or their deaths the legacey bequeathed to him, her or them shall remain in my estate and shall be distributed by my Executors among all my heirs equally as intestate estate. It shall in no case be alienated from my estate by marriage or otherwise so as to transfer it or any part thereof from any portion of my family to another family or person it shall neither be held by courtesey or by right of dower. In making this my last will and Testament I have been careful to avoid the use of technical terms and wish it to be understood distinctly that I am no lawyer and that my Executors are to execute and carry out in good faith all the provisions of this my last will and testament construing it according to its true intent and meaning. I hereby authorize and empower any one of my sons before named towit Daniel L. Tunnell, John Tunnell, Calvin W. Tunnell, Andrew J. Tunnell or any one of them whether he takes out letters Testamentary or not to bargain, sell and convey in as full and ample a manner as I could myself do were I alive and personally present all right Title claim or interest that I may have at the time of my death in any lands and tenements which are not embraced in the legacies before mentioned. I hereby appoint Daniel L. Tunnell, John Tunnell, Calvin W. Tunnell and Andrew J. Tunnell or any one of them my executors to execute this my last will and Testament and carry our all its provisions in good faith and if I shall be owing anything I wish all my just debts paid as soon as there may be money to do it with. It is my will that my executors shall not be required to give security or to enter into bond or to take any oath or to make any settlement with any Court. I leave them bound alone by those laws of honor and of justice which controll the actions of all good men, hoping and feeling confident that none of my children would do a mean and despicable act to gain my entire estate. In making this my last will and Testament I have kept myself entirely free from any influence but a desire to do justice and right according to my own convictions having consulted no one about matters thereby leaving no cause of irritation or ill feeling among my children. If any wrong is found in my will I wish all to remember that it is my will and the wrong is mine and not theirs and when they make their own will they can avoid the error that I have fallen into and not forget this is my will. In Testimony whereof I have herewith set my hand and affixed my seal this twenty third day of September in the year of our Lord one thousand and eight hundred and sixty five. Calvin Tunnell (seal) Signed and acknowledged in presence of Charles D. Hodges R. B. Hill Thos J. Carlin W. A. Davis H. Keach GREENE COUNTY, ILLINOIS WILL BOOK B PAGES 380-382 CHANCERY SUIT CONCERNING CALVIN TUNNELL ------------------------------------------------------------- UGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by other organiza- tions or persons. 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