LAST WILL & TESTAMENT
FILED: December 8, 1899
RECD: WILL RECORD A at page 411
OFFICE
OF THE CLERK HAMILTON COUNTY, ILLINOIS
The Last Will and
Testament of Tomzen Gholson of the Town of Broughton in the
County of Hamilton and State of Illinois made and published the
Twentieth day of August in the year of our Lord One Thousand
Eight Hundred and Ninety Four.
In the Name of God,
Amen, I, Tomzen Gholson of the Town of Broughton in the County of
Hamilton and State of Illinois of the age of Sixty-two years, and
being of sound mind and memory, do hereby make, publish and
declare this my Last Will and Testament in manner following, that
is to say:
First It is
my will that my funeral expenses and all my just debts be fully
paid.
Second I give and
bequeath to my beloved wife Nancy P. Gholson the following
described Real Estate, to wit: Part of S ½, SW1/4 of
Section 5, Town 7, Range 7 East 6 and 41/100 Acres, being the
part of the Town of Broughton vacated by order of the
County Board - known on the original plat of the Town
of Broughton as Blocks One (1) Two (2) Sixteen (16) and Seventeen
(17); also the W1/2 of NE SW1/4 qr. of the SE qr. Section 5 Town
7 Range 7 East 20 acres; also Blocks 18 and 19 in the Town of
Broughton; also all my household and kitchen furniture, and all
the cattle, horses, and hogs, wheat, corn, oats, hay and
provisions, wagon and buggy, and the rent of all the land I have
rented out at the time of my death and one-third part of all the
remainder of my personal property.
All of said
property both real and personal is given to my wife Nancy P.
Gholson during her natural life, and at her death the title to
said property both real and personal to vest in my Daughter,
Elizabeth Gholson and in case my Daughter Elizabeth Gholson
should die before the death of her mother Nancy P. Gholson then
said property both real and personal at the death of the said
Nancy P. Gholson to vest in my son Edward Gholson and in case of
Edward Gholsons death before that of his mother, Nancy P.
Gholson, to go to my legal heirs.
Third I give
and bequeath to my son John G. Gholson, the property that he has
already received up to this date as charged on my Ledger, pages 1
and 2, wherein I have kept heir-accounts, amounting to Twelve
Hundred and Sixty and 98/100 Dollars ($1260 98/100); also
the NE1/4 SW qr. Section 16, Town 7, Range 7 East, 40 acres.
Fourth I
give and bequeath to Floyd B. Gholson, my Grandson, son of James
T. Gholson, Deceased, the property James T. Gholson received
during his life time, amounting to three hundred and seventy five
dollars ($375.00) as charged on page 5 of my heir account Ledger;
also to the said Floyd B. Gholson, the SW1/4 of the SW qr.
Section 16 Town 7 Range 7 East, 40 acres, also the NW1/4 of the
SW qr. Section 16 Town 7 Range 7 East, 40 acres, and the East
part of NE1/4 SE qr. Section 17 Town 7 Range 7 East, 28 acres,
bounded on the west by the L & N RR right of way, in all 108
acres; also one Hundred and Twenty-five Dollars ($125.00) in
money. My wife Nancy P. Gholson is to have the use of said
land until Floyd B. Gholson arrives at the age of Twenty one
years, she to pay the taxes and enjoy the rents and profits until
the majority of said Floyd B. Gholson and in case said Floyd B.
Gholson dies before he arrives at the age of twenty-one years,
then said real and personal to be equally divided between John G.
Gholson and my daughter Martha A Reeves.
Fifth I give
and bequeath to my Daughter Martha A. Reeves the money and
property already received, amounting to twelve hundred and fifty
dollars (1250.00) as charged on page 10 of my heir-account ledger
and two hundred and fifty dollars ($250.00 to be paid to her
after my death, provided it is not paid while I live, in which
case it will be found entered upon page 10 of my heir-account
ledger.
Sixth I give
and bequeath to my son, Edward Gholson the NE1/4 of the NW qr.
Section 16, Town 7 Range 7 East, 40 acres; also Part of the NW
1/2 NW qr. Sec. 16, Town 7 Range 7 East 36 15/100 acres; also the
N 1/8 SW 1/4 NW qr. Section 16 Town 7 Range 7 East, 5acres; also
S ¾ of NE ¼ NE qr. Section 17 Town 7 Range 7 East, 30 acres;
also N 1/8 of the SE ¼ of the NE qr. Section 17 Town 7 Range
& East 5 acres; in all 116 15/100 acres; also three
hundred dollars in money to be paid at my death or when he
arrives at the age of twenty- one years. My wife Nancy P.
Gholson to receive the rents and profits of above land and to pay
taxes on same until Edward Gholson arrives at the age of
Twenty-one years.
In case of the
death of the said Edward Gholson before he arrives at the age of
Twenty-one years than above property both real and personal to
vest in my daughter Elizabeth Gholson, if she survives; if not,
to go to my legal heirs.
Seventh I
give and bequeath to my daughter, Elizabeth Gholson the property
mentioned and described as given and bequeathed to Nancy P.
Gholson on pages 1 and 2 of this Will, being the property in
which Nancy P. Gholson has a life interest as set forth upon said
pages. I also give and bequeath to said Elizabeth Gholson
One Thousand dollars ($1000.00) in money to be managed and
controlled by my executors or whoever may be appointed as her
guardian until she arrives at the age of Eighteen years, should
she live to that age; if she does not live to that age the title
both real and personal is to vest in my son Edward Gholson, if he
survives; if he dies to be divided among my legal heirs.
Eighth
Whatever remains after all of above legacies are fully paid to be
divided equally among my legal heirs.
It is my will that
my executors sell and dispose of the balance of my real and
personal property at public sale and my wife Nancy P. Gholson to
have all the rents and profits of the part not disposed of in
this will until such sale and division is made.
All of the above
real estate lying and being in Hamilton County and State of
Illinois.
In Witness Whereof,
I have hereunto set my hand and seal the Twentieth day of August
in the year of our Lord One Thousand Eight Hundred and Ninety
Four.
THOMZEN GHOLSON (SEAL)
The above
instrument, consisting of Four sheets, was now here subscribed by
Tomzen Gholson the Testator, in the presence of each of us, and
was at the same time declared by him to be his Last Will and
Testament and we, at his request, sign our names hereto in his
presence as attesting witnesses.
Wm. C. Ingram
of Broughton Ills.
Chas. W.Allen
of Broughton Ills.
William
S. Porter
of Broughton Ills.
Whereas I Tomzen Gholson of the Town of
Broughton Illinois having heretofore on the 20th day
of August A.D. 1894, made executed and published my Last Will and
Testament witnessed by Wm. C. Ingram Chas. W. Allen and William
S. Porter, and whereas since the making and publishing said Will
I desire to make a Codicil to said Will, Now therefore I do
hereby make and declare the following to be my Codicil to said
Will.
It is my will that
my wife Nancy P. Gholson at the time of my death instead of only
taking one third of all my personal property, shall take all of
my personal property to have and to hold during her life and at
her death if any of said property is in existence it is to go to
my daughter Elizabeth Gholson.
I also give and
bequeath to my wife Nancy P. Gholson as Trustee for Elizabeth
Gholson, My Daughter.
Lot Number One (1) in Block Number Forty-Nine (49)
In the Town of Broughton in Hamilton County Illinois
And The South West fourth of the South West quarter of
Section Twenty Nine (29) and the North West fourth of
The North West quarter of /section Thirty two (32) all in
Township Six (6) South Range Seven (7) East of the 3rd
P.M. in
Hamilton County, Illinois.
The said Nancy P.
Gholson, as Trustee is to have complete charge and control of the
lot and lands during her life for the use and benefit of my
daughter Elizabeth Gholson land at the death of my wife Nancy P.
Gholson, Trustee as aforesaid the fee to lot number one (1) in
Block Number Forty Nine (49) in the Town of Broughton Illinois,
and The South West fourth of the South West quarter of Section
Twenty Nine (29) and the North West fourth of the North West
quarter of Section Thirty two (32) all in Township Six (6) south
Range Seven (7) East of the 3rd P.M. in Hamilton
County Illinois is to vest in my Daughter Elizabeth Gholson in
fee simple.
It is my Will that
in Clause Four in my original Will, where I bequeathed to Floyd
B. Gholson
The South West fourth of the South West
quarter and the North West fourth of the South West quarter all
in Section (16) and the East part of the North East fourth of the
South East quarter of Section Seventeen (17) 28 acres all in
Township seven (7) South Range Seven (7) East of the 3rd
P.M. in Hamilton County Illinois,
Be changed and revoked and the same is
hereby revoked. And I do hereby give and bequeath the
South West fourth of South West quarter and
The North West fourth of the South West quarter of Section
Sixteen (16) and The East part of the North East fourth of the
South East quarter of Section Seventeen (17) 28 acres, bounded on
the West by the L&N RR Right of Way, all in Township Seven
(7) South Range Seven (7) East of the 3rd P.M. in
Hamilton County, Illinois
To Eli T. Gholson as Trustee for the
Use and benefit of Floyd B. Gholson, The
said Eli T. Gholson to take charge and possession and control of
all of said lands as soon as the said Floyd B. Gholson shall
become 21 years of age, Except
The South half of the South West fourth of
the South West quarter, on which James H. Gholson and Elizabeth
L. Gholson have a lifetime Lease, and at the expiration of said
lease said Trustee is to take charge and control of said lands
included in said lease. The said Trustee is to have
complete possession charge and control of said lands for the use
and benefit of said Floyd B. Gholson, Turning over to the said
Floyd B. Gholson the Rents and profits on said land, after
keeping out Taxes and his other expenses, as he as Trustee may
deem expedient and proper for the support and maintenance of the
said Floyd B. Gholson. The said Trustee to keep an account
of the money received from the rents of the land and an account
of the expenses of Taxes and other necessary expenses on account
of said lands and the amounts paid to the said Floyd B. Gholson,
and in case of the death of Eli T. Gholson it is my Will that the
County Judge of Hamilton County appoint some suitable person as
Conservator of the Estate of the said Floyd B. Gholson as the
said Floyd B. Gholson is not capable of taking care of said
estate, and at the death of said Floyd B. Gholson without issue
if he dies without issue it is my Will that said lands descend in
equal shares to my legal heirs. It is my Will that there
shall - left and kept for a public and private Road a
strip of land 16 feet wide on the East and North sides of lands
above described in Section 26 Township 7 South Range 7 East in
Hamilton County Illinois.
In Witness Whereof
I have signed sealed published and declared this instrument as a
Codicil to my Last Will and Testament this 21st day of
April A. D. 1899.
THOMZEN GHOLSON (SEAL)