Tomzen Gholson 1899

IN THE MATTER OF THE ESTATE OF TOMZEN GHOLSON, DECEASED

                                                LAST WILL & TESTAMENT

FILED:  December 8, 1899

REC’D:  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 Gholson’s 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)