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PROBATE CHRISTOPHER W. STERRY
[PONTIAC, ILLINOIS, 1908]

 

Estate of Christopher W Sterry, Pontiac, Illinois, July 1908 Testate

I, Christopher W. Sterry, of the City of Pontiac, County of Livingston and State of Illinois, of sound mind and memory, do make, declare and publish my last will and testament to be as follows:

1. I desire that all my legal debts and funeral expenses be first paid.
2. I give, devise and bequeath to my beloved wife, Mary Catherine Sterry, our homestead in the said City of Pontiac as follows: Lots one (1), two (2) and the east half of Lot three (3) in the north fraction of Block Sixty-seven (67)
in said City of Pontiac, and all of said Block Sixty-seven (67) lying south thereof extending to the Vermillion River; and all the personal property in use in our home thereon; for her own use and benefit during her life, if she survives me, and upon her death said property to be divided equally between my children Eliza Long, Mary Elizabeth Sterry and Jessie Sterry in the same manner as the remainder of my estate hereinafter provided for.
3. I give, devise and bequeath to my daughter Eliza Long tbe home occupied by her and her husband Charles H. Long, as follows: Lot four (4) and the west half (1/2) of Lot three (3) in the north fraction of Block Sixty-seven (67) in said City of Pontiac, and all of said Block sixty-­seven (67) lying south thereof extending to the Vermillion River, which I estimate to be worth seven thousand dollars.
4. I give, devise and bequeath to my daughter Mary Elizabeth Sterry the sum of seven thousand dollars to be paid to her out of my estate when she arrives at the age or twenty-five years: providing, that if she should marry before she arrives at the age of twenty-five years, I direct the said seven thousand dollars to be paid her at the time of her marriage.
5. I give, devise and bequeath to my daughter Jessie Sterry the sum of seven thousand Dollars to be paid to her out or my estate when she arrives at the age or twenty-five years; provided, that if she should marry before she arrives at the age of twenty-five years, I direct the said seven thousand dollars to be paid her at the time of her marriage.
6. I give, devise and bequeath to Eva May Long, Archibald Long and Robert Long, children of Charles H. Long, the sum of five hundred dollars each, to be paid to their father Charles H. Long in trust for them to be used in giving them an education, or otherwise if necessary for their care and comfort. If either of said children shall die before I do, then the share that would go to such child if living, to be divided equally among those surviving, or their lawful issue, if any.
7. I give, devise and bequeath to my grandson Christopher Sterry Long the sum of one thousand dollars; said money to be paid to his mother Eliza Long and by her held in trust until said child shall arrive at the age of twenty-one. If my said grandson shall die before he arrives at the age of twenty-one, then said sum sum shall be divided equally between his brothers and sisters, if any, or if none then to be divided equally among Eva May Long, Archibald Long and Robert Long, the children of Charles H. Long, or such of them as may then be living.
8. In addition to the property heretofore given her, I give, devise and bequeath to my beloved wife Mary Catherine Sterry, the sum of fif­teen hundred dollars per annum during her life to be paid out of my estate, or the rents, incomes and profits thereof, which sum I direct to be paid to her on the first day of January of each and every year, commenc­ing with the first day of January after my death.
9. All the rest, residue and remainder of my estate, both real and personal, I give, devise and bequeath to my children Eliza Long, Mary Elizabeth Sterry and Jessie Sterry, in equal portions; but said estate is not to be divided, until after the death of my wife, or if she should die before I do, not until the expiration of five years after my death.
10. If either of my said children shall die before I do, or before receiving their share of my property under this will, leaving lawful issue it is my will that such portion of my estate as would be the portion of such child if living, shall become the property of the lawful issue of such child, to be divided equally between said lawful issue, and for such purpose I hereby give, devise and bequeath the said property.
11. If either, or any of my said children shall die before I do, or before receiving their share of my property under this wil1, without law­ful issue, then it is my will that such portion of my estate as would be the portion of euch child, if living, shall be given to some educational or charitable institution, to be selected by a majority of my executors as an endowment memorial in the name of such child and myself.
12. I hereby empower and authorize my executors to sell and convey any or all of my real estate not situate in the State of Illinois, when­ever in their judgment, or the judgment of a majority of them, it should be for the best interest of the estate so to do.
13. I direct that all my real estate not sold by my said executors shall be rented to the best advantage of my estate, and that all my per­sonal property, or the proceeds thereof, and the proceeds of my real estate sold by my executors as heretofore authorized, if any, after the payment of my legal debts, expenses of administration, and the specific legacies herein made at the time the same are herein provided to be paid, be invested in unincumbered real estate if practicable, or if not prac­ticable then in loans on unincumbered real estate, until the period for distribution thereof shall arrive in accordance with the terms of this will.
14. I direct that from the rents, issues and profits of my said real estate and personal property, the amount which I have by this will given and directed to be annually paid my wife, be first paid, and that the remainder thereof be equally divided among my said children Eliza Long, Mary Elizabeth Sterry and Jessie Sterry at the time said payment is direct­ed to be paid my wife.
15. I hereby nominate and appoint my wife Mary Catherine Sterry, and my daughters, Eliza Long, Mary Elizabetl1e Sterry and Jessie Sterry, or those of them surviving at my death, my executors under this will, and direct that they may be perrnitted so to act without bond.

IN WITNESS WHEREOF, I have hereunto set my hand and seal, this Third Day of January, A. D., 1894. C W Sterry (SEAL)

We, the undersigned residents of Pontiac, in the County of Livtng­ston and State of Illinois, do hereby certify that the above instrument consisting of four pages, was subscribed by the testator in our presence, and declared by him at said time to be his last Will and Testament, and that we, at his request, sign our names hereto in his presence and in the presence of each other, as attesting witnesses, and that at said time the said Testator was of sound mind and memory.
Signed James E . Morrow
Signed John S. Murhpy

State or Illinois, Livingstone County: In the Livingston County Court In Probate, February Term, A. D. 1901
On the 4th day of February, in the year of our Lord one Thousand Nine hundred and one. Present: Hon. C. M. Barickman, Judge. Fred Duckett, Clerk. Will L. Talbott, Sheriff. Attest: Fred Duckett, Clerk.
In the Matter of the Estate of C. W. Sterry, Deceased.: Letters Testamentary
And now, on this day comes Mary E. Kirkpatrick and Jessie Hurtt and present to the Court their petition in writing, under oath, representing that C. W. Sterry, late of said county, departed this life at Pontiac on or abut the 8th day or January, A. D. 1901, leaving a last will and testament, duly signed and published, which said last Will and testament has been duly proved and admitted to Probate and record in this Court, towit: on the 4th day of February, A. D. 1901. That said testator died seized and possessed of real estate valued at, about considerable amount unknown to petitioners, and possessed of personal property estimated to be worth about cons­iderable amount unknown to petitioner.
That said Testator left, him surviving Mary C. Sterry, his widow, and that the heirs and legatees of said deceased, and their places of residence, respectively, if known, are as follows:
Eliza Long, Pontiac, Ill.,
Mary E. Kirkpatrick, Chennon, Ill.,
Jessie Hurtt, Pontiac, Ill.,
Eva May Long, Pontiac, Ill.,
Archibald Long, Pontiac, Ill., and
Christopher S. Long, Pontiac, Ill.

That said testator in and by the terms of said last Will and Testa­ment nominated said petitioners and Mary C. Sterry and Eliza Long as Execetors thereof, without bond, and that said petitioners and said Mary C. Sterry and Eliza Long are ready and willing to accept, the said trust, and praying that Letters Testamentary issue to them, the said petitioners, etc.

And the Court having examined said petition, and other evi­dence in writing filed herein, and having heard the evidence adduced in open Court, doth find that, the allegations in said petition con­tained are true; and no person appearing to oppose the granting of Letters Testamentary herein, or to show cause why the prayer of said petition should not be allowed, and the Court being now fully ad­vised in the premises, it is thereupon ordered that the same be granted.

The said Mary E. Kirkpatrick, Jessie Hurtt, Mary C. Sterry and Eliza Long then before the Clerk of said Court took and sub­scribed an oath in the form required by law and attached to said Will, well and truly to execute the same, etc., which said oath is ordered by the Court to be entered of record.

Thereupon it is ordered by the court that, the said Mary E. Kirkpatrick, Jessie Hurtt , Mary C. Sterry and Eliza Long be and they are hereby appointed executors of the Last Wil1 and Testament of the said C. W. Sterry, deceased, and that the Clerk of the Court, issue Letters Testamentary herein under his hand and the Seal of this Court with a certified copy of said will annexed, and that the said Letters Testamentary be entered of record.