Wills of Stoddard Co. MO - Wilson, James C. - Book B pg. 169-178 ***************************************************************** File contributed for use in the USGenWeb Archives Compiled and submitted by ©1999,2000, Connie Perkins ------------------------------------------------------------------------- USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. ------------------------------------------------------------------------ *************************************************************************** Record Book of Wills in the County of Stoddard, Missouri Book B, p. 169-178 A True Copy of Last Will and Testament of James C. Wilson. I James C. Wilson of the City of Hillsboro, Montgomery County and State of Illinois, do make, publish and declare this on and for my last will and Testament, revoking all other wills or parts of wills heretofore made by me. Item 1st. I will and direct my body to be buried in a decent and Christian manner, and that my funeral expenses be paid out of my personal estate, including the marking place where I am buried in a fitting manner and the payment of all my just debts and legal liabilities. Item 2nd. I will, give and devise to my wife Rhoda E.C. Wilson her heirs and assigns forever my residence situated on Bluff Street and where I reside, with all appurtenances. Said lot is number nine on the plot made by Adam H. Bell for the City of Hillsboro, and was deeded on by deed to me by deed of ... by William H. Jenkins and wife and to which reference is had for a more full and perfect description of said lot. I also will and devise to my said wife her heirs and assigns forever Lot number Eight adjoining said lot nine and which was conveyed to me by John O. Burnett and wife and which deed as the one above referred to is recorded in the office of the Circuit Clerk for the county of Montgomery and state of Illinois and at the City of Hillsboro. Lot Eight adjoins Lot nine on the North. Item 3. I also give and bequeath to my said wife all my household and Kitchen furniture of every class and description what soever with the exception of two sets of Silver spoons marked "h.I.E.", and hereinafter otherwise disposed of. Item 4. I give, bequeath and will also to my said wife the sum of six thousand Dollars in cash, or cash and cash notes, as she may Elect, the cash or Cash and notes to be paid by my executor hereinafter named as soon after my death as can be conveniently done. Item 5. I give and bequeath to my sister, Mary R. Whitedge of Stoddard County, Missouri; One Thousand Dollars, to be paid her so soon as it can be done after my death without any sacrifice of the assets of the estate, and in the event of her Death before mine, the sum devised her shall go to her descendants. Item 6. I bequeath, give and devise to my nephew Daniel Whitledge during his natural life (subject to the condition herein after stated) and to his bodily heirs after his death the following real estate viz: the South East quarter of the South East quarter of Section twenty and pg. 170 the North East quarter of the North East quarter of section Thirty Nine (39). All in Township Twenty Six (26), Range Eleven (11) in all Eighty acres, more or less and situated in Stoddard County, Missouri; The condition upon which said Real Estate is given to my said nephew during life is this, my Sister Mary Whitledge is to have a home on said premises for and during her natural life free of charge and she is to have choice of rooms in which to live. Item 7. I give bequeath and devise to my niece Alcy Harty the following Real Estate for her natural life viz: The South east quarter of the North East quarter and the South West quarter of the North East quarter of Section Twenty nine (29) Twn. Twenty six (26) Range Eleven (11), Situated in Stoddard County Missouri, in All Eighty acres more or less. At the death of my said Niece Aley Harty, said Real Estate shall go to her bodily heirs. Item 8. I give bequeath and devise to Mary Lee Blanche Wilson a child I am caring for and have living with me. All the lands I own in sections one and Six Town 8 and Range three and four (3-4), subject to the limitations and conditions hereinafter stated. Said lands or Real Estate was conveyed to me by John W. Phelps and wife and Robert Hughes and wife by Deeds of record in the recorders office at Hillsboro, Montgomery County State of Illinois in Deed Books, Volumes 27 page 616 & 32 pages 357 of deeds and where said lands are situated and to which references had for a more full and complete description of said land or real Estate. But this bequest is subject to the limitations and conditions following trust Mary Lee Blanche Wilson, was born May the 8, 1887 and she is to have the rents and profits of said Real Estate until she reaches or attains the age of twenty (20) years ... if she shall live to attain the age of twenty years, said Real Estate shall vest in her absolutely and in fee simple but in case she dies before attaining the age of twenty years, said real estate is to be and remain part of the assets of my estate and vest in my residing legatee or legatees. Item. I will and bequeath to Charles R. Ingram my step son the sum of Two hundred Dollars and two sets of Siver spoons marked "h.I.E." they were once the property of his mother and one set of said spoons are table and the other tea spoons. Item. I Give and bequeath to Vennie Ingram daughter of Charles R. Ingram the sum of Two Hundred Dollars. Item. I give and bequeath to my nephew Lucius Wilson, the sum of Two {word covered} Dollars. Pg. 171 Item. I give and bequeath to Isa Longwell, daughter of Howard Longwell, the sum of one hundred Dollars. I give & bequeath to Cora Carmichael, daughter of my wife's niece Lui Carmichael of Booneville, Arkansas the sum of one hundred Dollars. I give, bequeath & devise to my wife Rhoda E.C. Wilson my sister Mary Whitledge or her descendants should I survive her and my nephew Lucius Wilson the residue of my estate said residue to be divided in three equal parts, my said wife to have one part, my sister or her descendants one part, and my nephew Lucius Wilson one part. It is my will that my residuary legatees take & have all the proceeds of my estate real and personal that is not heretofore given to other parties & if given to other parties they for any legal cause becomes vested with said property. Item. I nominate, constitute and appoint Isaac H. Fink of the City of Hillsboro, Illinois sole Executor of this my last will and vest in him full power and authority to sell and convey any and all my real and personal estate that shall come to his hands as executor and is not specifically by devise herein vested in some legatee by this my will and I authorize my said Executor to sell said Real and Personal estate at private or public sale or he shall judge but for my residuary estate and distribute the proceeds as in this my last will and testament is directed. Inter... and erasures made before signing. Given under my hand and seal this 16th day of March A.D. 1888. James C. Wilson We whose names are subscribed hereto certify that on the day of the date of the above instrument of writing covering something over four pages, James C. Wilson signed, sealed and published said instrument of writing as his last will and testament and we at his request and in his presence and in the presence of each other as witnesses hereto have signed our names. Fred Noterman S.H. McLean Recorded this the 29th day of August 1894 P.A. Brannock Probate Clerk Proof of Probate of Will State of Illinois Montgomery County In the county court of said County In Probate February Term A.D. 1894 Personally Appeared, in open court - Fred Noterman and S.H. McLean subscribing witnesses to the annexed instrument of writing purporting to be the last will and Testament of James C. Wilson late of said county, deceased who being duly sworn according to law, do depose and say each for himself that they were present and saw the said James C. Wilson sign said will in their presences, and that they believe that the testator was of sound mind and memory of lawful age, and under no constraint when he signed side will. Fred Noterman S.H. McLean Subscribed and sworn to in open court, this 5th day of February A.D. 1894. Brewer D. Hendrick County Clerk Codicil Whereas, I James C. Wilson of the city of Hillsboro, county of Montgomery and state of Illinois, having made my last will and Testament in writing bearing date the sixteenth day of March A.D. 1888 and having thereby given, devised and Signed there unto Mary Blanche Wilson, a child I am caring for and have living with me all the lands I then owned in section one (1) and six (6) in Township Eight (8) Range Three (3) and four (4) West; in the county of Montgomery and state of Illinois, subject to the limitation and conditions set out in said last will and testament all of which giving devising and bequeathing is set out in Item 8 of said last will and Testament, and whereas, since the execution and publication of my said last will and testament I have sold and conveyed all of said lands and every part there of, and am not now the owner thereof, now Therefore, I do by this my writing which I hereby declare to be a codicil to my said will to be taken as a part thereof and as a substitute for and lieu of said Item (8) Eight, of said will make the following provision for said Mary Lee Blanche Wilson. It is my will that out of my estate there shall be set apart the sum of Fifteen hundred Dollars which sum of money shall be paid to such proper person as shall be appointed by a count having the power to appoint trustees to receive the same, which said sum of money shall be held by such person as trustee for the said Mary Lee Blanche Wilson pg. 173 until she shall arrive at the age of eighteen years. Said trustee shall use the interest of said trust fund for the use and benefit of the said Mary Lee Blanche Wilson under the direction of the court appointing him. If the said Mary Lee Blanche Wilson shall live until she is eighteen (18) years of age said trust find and all accumulations thereof shall be paid to her and then thereupon become her property forever. But it the said Mary Lee Blanche Wilson shall die before arriving at the age of eighteen (18) years then it is my will that said trust fund and all accumulations thereof shall remain a part of the assets of my estate and pass to and vest in any residuary legatee or legatees. And lastly, It is my desire that this, my presnt Codicil be annexed to and made a part of my last will and testament to all intents & purposes. In witness whereof I have hereunto set my hand and seal this Thirteenth day of February A.D. 1892. James C. Wilson Signed sealed published and declared by the said James C. Wilson as and for his Codicil to his last will and testament in the presence of us, who in his presence and in the presence of each other, and at his request, have subscribed out names as witnesses thereto. Fred. A. Randle James M. Pruitt Certificate of copy of Will State of Illinois Montgomery County I Brenner A. Hendricks Clerk of the County Court in and for the said county in the sate aforesaid (the said court being a court of record and having a seal) do hereby certify that the annexed instrument in writing is a true copy of the last will and testament of James C. Wilson deceased as proved and admitted to record in said court of the 5th day of Febrary A.D. 1894 as appears from the Records of said Court in my office. Given under my hand and the seal of said court at Hillsboro in said county, this 7th day of Jul A.D. 1894. Brewer A. Hendricks Clerk pg. 174 Proof of Probate of Codicil State of Illinois Montgomery County In the Probate Court of Said County In Probate February Term A.D. 1894 Personally appeared in this court Fred A. Randle and James M. Pruitt subscribing witness to the annexed instrument in writing purporting to be a codicil annexed to and made a part of the will and Testament of James C. Wilson, late of said county deceased who being duly sworn according to law do depose and say each for himself that they were present and saw the said James C. Wilson sign said will in their presence and they believe that the said testator was of sound mind and was of lawful age and under no constraint when he signed said Codicil, said will. Fred A. Randle James M. Pruitt Subscribed and sworn in open court. This 5th day of Feb A.D. 1894 B.A. Hendrick County Clerk Recorded August 29th 1894 F.A. Brannock Probate Clerk pg. 175 In the Matter James C. Wilson, Deceased United States of America State of Illinois Montgomery County In the County Court February Term A.D. 1894 Pleas before Honorable George R. Cooper Judge of the County court of Montgomery County in the State aforesaid and at a term thereof begin and held at the Court House in the City of Hillsboro in said county on the First Monday being the 5th day of February in the year of our Lord one thousand Eight hundred and Ninety four and of the Independence of the said United States the one hundred and Eighteenth. Present Honorable George R. copper County Judge Brewer H. Hendrick Clerk Henry Michel Sheriff Attest. Brewer A. Hendrick Clerk In the matter of the Estate of James C. Wilson, deceased Be it remembered that to wit on the day the 5th day of February A.D. 1894 the same being on of the day of the Probate Term A.D. 1894 of the said county court comes Isaac W. Fink and presents the last will and Testament of James c. Wilson, deceased to said court for Probate, and his petition for Letters testamentary thereon, and said petition, Last will and testament and proofs of said will are in the words and figures as follows to wit: Petition of Isaac W. Fink in the matter of the last will and Testament of James C. Wilson, deceased for probate of will and Letters Testamentary. To the Hon. George R. cooper Judge of the County Court of Montgomery County in the state of Illinois. The petition of the undersigned Isaac W. Fink respectfully represents that James C. Wilson late of the county of Montgomery aforesaid departed this life at his home in Hillsboro in said County on or about the 27th day of January A.D. 1894 leaving a last will and Testament duly signed, published and attested as believed by your petitioner and which by him is herewith presented to your honor for Probate. The said will is subscribed by Fred Noterman and S.H. McLean or witnesses to the execution thereof and Fred A. Randle and James M. Pruitt pg. 176 as witnesses to the execution of the Codicil attached to and made a part of said last Will that said Testator in his last Will nominated and appointed Isaac W. Fink your petitioner, Executor thereof and that your petitioner is willing and ready to accept and undertake the office and trust conferred to him. And this petition further shows that the said James C. Wilson died seized and possessed of Real and Personal estate consisting chiefly of 2 Lots and houses in Hillsboro Ill., 160 acres of land in Stoddard county, Missouri, and Ten Thousand Dollars in cash, notes and accounts, all of said personal estate being estimated to be worth about Ten Thousand Dollars ($10,000.00) In consideration whereof, and to the end that said will may be proved established and preformed your petitioner pray that the subscribing witnesses afore said may be summoned to be and appear before this court at this Term thereof, then and there to testify in the matter of said will as it may please your honor to direct, and that Probate of said will may be there upon granted and the same ordered for record. And your petitioner further prays that it may please your honor to grant him letters testamentary of said last will and testament upon his taking the oath prescribed by the statute and entering into bond in such sum and with such securities as may be approved by your honor. I.W. Fink State of Illinois Montgomery County Isaac W. Fink being duly sworn depose and says that the facts ordered in the above petition are true according to the best of his Knowledge information and belief. I.W. Fink Sworn to and subscribed before me Brewer A. Hendricks clerk of the County Court of Montgomery County This 5th day of February A.D. 1894 Brewer A. Hendricks Clerk pg. 177 Certificate of Probate of Will And afterwards towit, on Monday the 5th day of February A.D. 1894, the same being one of the days of the Probate Term of the said county court A.D. 1894, the following among the proceedings were had and entered of record in said court, in the word and figures as follows towit: In the matter of the Estate of James C. Wilson, deceased Now on this 5th day of February A.D. 1894, comes into court Isaac W. Fink the executor named in the last Will and Testament of James C. Wilson deceased and presents the said last will to the court for Probate together with his petition for letters testamentary thereon. And it appearing to the court from the said petition that James C. Wilson died at his home in Hillsboro, Illinois, on the 27th day of January A.D. 1894, leaving said last will duly signed published and attested, and said will is subscribed by Fred Noterman, and S.H. McLean who this day appear in open court, and being duly sworn on thiir oath testify that said writing contains the said last will and ...; and that they were present and saw the said testator sign the same in their presence and that they believe said testator was of sound mind and memory and of lawful age, and under no constraint when he signed said will. And also from the testimony of Fred A. Randle and James M. Pruitt subscribing witnesses of the said Codicil attached to and made a part of Will, Has also appeared in Court, this day and being duly sworn according to law testified and say that that they wee present on the 13th day of February A.D. 1892, and saw the said testator sign said Codicil to said will in their presence and that they believe said testator was of sound pg. 178 mind and memory and under no constraint when he signed said Codicil annexed to and made a part of said will. It is therefore ordered by the Court, that said Will be taken as duly proven and admitted to Probate and filed and recorded as the last Will and Testament of James C. Wilson deceased, and said petitioner is hereby appointed Executor of the said Estate upon his giving bond in the penal sum of Twenty Thousand Dollard $20,000.00 and security to be approved by the Court. Whereupon the said petitioner comes this day and presents his bond in said sum, with Fred Noterman and George B. Lixwiler as securities, and said bond is approved by the Court and ordered filed and recorded and the Clerk of this Court is ordered to issue letters testamentary thereon. Ordered that Court adjourn until Tuesday February 6th A.D. 1894.