Will of John N Unglaub, Mason County, Illinois Contributed for use in the USGenWeb Archives Copyright 1999 Nancy U Anderson IN THE NAME OF GOD, AMEN I, JOHN N. UNGLAUB, of the City of Havana, County of Mason and State of Illinois, being of the age of seventh-five (75) years, but being of sound mind and disposing memory, in view of the uncertainties of human life, do hereby make, publish and declare this to be my LAST WILL AND TESTAMENT in the manner following, that is to say: FIRST - It is my will that all my just debts and funeral expenses shall be first fully paid out of my said estate by my Executor hereinafter named, as soon after my death, as it may be convenient. SECOND - I give, devise and bequeath to my nephew, JOHN ANTON UNGLAUB, of Colorado Springs, Colorado, the sum of one thousand (1,000) Dollars. THIRD - I give, devise and bequeath to my nephew, JOSEPH UNGLAUB, of Vicksburg, Mississippi, the sun of five thousand (5,000) Dollars. FOURTH - I give, devise and bequeath to my nephew, FRANK H. UNGLAUB of Jacksonville, Illinois, the sum of five thousand (5,000) Dollars. FIFTH - I give, devise and bequeath to my niece MRS. EMMA TAYLOR of Jacksonville, Illinois, the sum of five thousand (5,000) Dollars. SIXTH - I give, devise and bequeath to my niece MRS. ROSA FORSYTH, of Oakland, California, the sum of five thousand (5,000) Dollars. SEVENTH - I give, devise and bequeath to my nephew CHARLES N. CEASE of Kansas City, Missouri, the sun of fifteen hundred (1,500) Dollars. EIGHTH - I give, devise and bequeath to my great nephew, EARL UNGLAUB, of Nebo, Illinois, the sum of sixteen hundred (1,600) Dollars NINTH - I give, devise and bequeath unto my great niece VERA UNGLAUB POLLOCK of Nebo, Illinois, the sum of sixteen hundred (1,600) Dollars. TENTH - I give, devise and bequeath unto my great nephew, CARL UNGLAUB, of Champaign, Illinois, the sum of sixteen hundred (1,600) Dollars. ELEVENTH - I give, devise and bequeath unto GEORGE J. KIESLING, the sum of four thousand (4,000) Dollars, in trust, nevertheless, for the following purposed, to wit: the same to be invested in Government Bonds and the income thereof paid to HENRY MIDDLEKAMP of Nevada, Missouri who is the son of my stepson Harry J. Middlekamp of Nevada, Missouri, until the said HENRY MIDDLEKAMP shall have arrived at the age of Thirty-six (36) year, at which time the principal sum of Four Thousand (4,000) Dollars shall be turned by the said GEORGE J. KIESLING, as such trustee to the said HENRY MIDDLEKAMP, at which time the same shall become the absolute property of the said HENRY MIDDLEKAMP, the said GEORGE J. KIESLING being hereby made Trustee for the purpose of this Trust in this clause provided, and in the event of his death or refusal to act, I then request that a Court of competent jurisdiction appoint such Trustee. TWELFTH - I give, devise and bequeath unto my sister-in-law, MARY NEBEL, of Havana, Illinois, the sum of two thousand five hundred (2,500) Dollars. THIRTEENTH - I give, devise and bequeath unto my sister-in-law, EMMA MARGNBURG, of Havana, Illinois, the sum of two thousand five hundred (2,500) Dollars. FOURTEENTH - I give, devise and bequeath unto my niece EVA SAUERMAN SCHMUTZLER, of Foerstenreuth, Germany, the sum of two thousand (2,000) Dollars. FIFTEENTH - I give, devise and bequeath unto my niece KATHRINA SAUERMAN HOFMAN, of Biengarten, Germany, the sum of two thousand (2,000) Dollars SIXTEENTH - I give, devise and bequeath unto my great nephew JOHN NICOL SUSS of Solg, Germany two thousand Dollars. SEVENTEENTH - I give, devise and bequeath unto my step-son, HENRY J. MIDDLEKAMP, of Nevada, Missouri, the sum of one thousand (1,000) Dollars EIGHTEENTH - I give, devise and bequeath unto my niece, SOPHIA SAUERMAN WELLHOFER, of Anzback, Germany, the sum of two thousand five hundred (2,500) Dollars. NINETEENTH - I give, devise and bequeath unto my great niece, SOPHIA SUSS of Muenchen, Germany, the sum of two thousand (2,000) Dollars. TWENTIETH - I give, devise and bequeath unto my great niece, BARBARA SUSS SCHWAB, of Nurnberg, Germany, the sum of five hundred (500) Dollars. TWENTY-FIRST - I give, devise and bequeath unto my great nephew, GEORGE JOHN SAUERMAN of 161 Fourteenth Avenue, Long Island, City of New York, the sum of two thousand (2,000) Dollars. TWENTY-SECOND - I give, devise and bequeath unto my great niece, ANNA BARBARA, (SAUERMAN) WHITE of Moberly, Missouri, the sum of two thousand (2,000) Dollars. TWENTY-THIRD - I give, devise and bequeath unto my nephew, WOLFGANG SAUERMAN of Foarstenreuth Post Stamback Oberfranken Bayern, Germany, the sum of five (5) Dollars. TWENTY-FOURTH - I give, devise and bequeath unto my nephew ADAM SAUERMAN of Ansback, Bayern, Germany, the sum of five (5) Dollars. TWENTY-FIFTH - As all my savings are invested in Liberty and Victory Bonds, I direct my executor not to sell them unless they bring par value, and if they cannot be sold at par, it is my Will and I direct him to keep them until they can be sold at par value, then it is my Will and it shall be his duty to see the bonds and distribute the funds thereof according to the provisions of this MY LAST WILL, my executor during said time shall distribute only the interest that may accrue on the said bonds from time to time, together with such other distribution as the Court may order from time to time. TWENTY-SIXTH - It is my will and I direct that in the event of the death of any of the devisees or legatees named herein, this my LAST WILL before they shall receive the portion of my estate so given to him, her, or them, it shall be the duty of my Executor to give him, her, or their share to his, her or their children as the case may be. TWENTY-SEVENTH - I give, devise and bequeath my pictures and mirror to my niece, EMMA TAYLOR, of Jacksonville, Illinois, and I hereby give my gold watch and chain to my nephew, CHARLES E. CEASE of Kansas City, Missouri. TWENTY-EIGHTH - I hereby authorize and specially direct and empower my said executor to sell all my real estate that I may own and be seized of it at the time of my death, within two (2) years after the date of my death, and I hereby specially give to my said Executor full right, power and authority to sell the same at either private or public sale, as his judgment shall direct, for cash in hand, and hereby specially authorize direct and empower said Executor to make any and all deeds of conveyance that may be necessary to convey the title to said real estate to the purchaser or purchasers thereof, without any order of Court therefor, and direct that he use so much of the proceeds of such sale as may be necessary for the payment of the specific legacies provided for in this Will, after exhausting my personal estate. TWENTY-NINTH - It is my will and I hereby direct, that if any one of the legatees under this my Last Will and testament shall contest the same, or shall directly or indirectly have the same contested, or make any attempt to contest this my Last Will and Testament in any way whatsoever, for the purpose of defeating any of its provisions, such party shall not only forfeit his, her, or their share and rights hereunder, but shall be a cause of the forfeiture of all rights of inheritance of any child or children of the parties or party so contesting this my Last Will and Testament, extending this prohibition to contest this will to any and all who might inherit were no will by me made. THIRTIETH - It is my will that in the event there is any rest and residue of my personal estate and proceeds for the sale of my real estate left after the payment of all the foregoing legacies herein before named from paragraph "Second" to paragraph twenty-fourth", both inclusive, that said residue shall be divided among said legatees and devisees in each paragraph above mentioned, from paragraph "Second" to paragraph "Twenty-Second" in the proportion that their respective bequests bear to my total estate. LASTLY - I nominate, constitute and appoint GEORGE J. KIESLING of Havana, Illinois, as the sole executor of this my Last Will and Testament, and in the event he is unable to serve I hereby direct and appoint CHARLES H. KREILING, of Havana, Illinois as the Executor of this my Last Will and Testament, and I specially direct that my said Executor shall employ N. P. NISCHWITZ of Havana, Illinois as attorney for such Executor in carrying out his duties under this will and in the settlement of my estate; and: I hereby direct that my said Executor shall be entitle to charge only the sum of two percent (2%) of my gross estate for his services and the Attorney herein named shall be entitled to charge only two (2) percent of my gross estate for his services. And I hereby specially revoke any and all former Wills by me at any time ..nde. IN WITNESS WHEREOF, I have hereunto set my hand and attached my seal, this twelfth (12th) day of November, A.D. 1923. John N. Unglaub (SEAL) The above and foregoing instrument consisting of seven (7) pages of typewritten matter including this page, was on the date thereof, signed, sealed, published and declared by the said testator, JOHN N. UNGLAUB, as and for his LAST WILL AND TESTAMENT in the presence of us, who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto, this twelfth (12th) day of November, A. D. 1923. G.B. HOLZGRAFG, Havana, Illinois FRED E. PORTER, Havana, Illinois Above will probated State of Illinois, County of Mason, May Term, A.D. 1924 and: "The said deceased departed this life at his residence in the City of Havana, in the County of Mason and State of Illinois, on or about the 17th day Of May, A.D. 1924, and also that said JOHN N. UNGLAUB, at the time of his death, resided at the City of Havana, in the County of Mason and the State of Illinois." Further note on probate - All of the above (list of devisees and legatees) named being of full age and of sound mind, except CARL UNGLAUB who is a minor of the age of nineteen years, and HENRY MIDDELKAMP who is a minor under the age of his legal majority. (More about the Unglaub family can be found at: http://home.att.net/~unab22) ------------------------------------------------------------------ USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by other organiza- tions or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contri- butor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. ----------------------------------------------------------------- File contributed for use in USGenWeb Archives by: Nancy U Anderson