PROBATE of WILL UNDER PETITION - Law of 1897.
Pages 57 & 58 -
STATE OF ILLINOIS,)
Moultrie County
}ss. |
In the Moultrie County County Court,
In Probate February Term,
A. D. 1907 |
On Tuesday the 19th day of February in
the year of our Lord one thousand nine hundred and seven.
Present: The Hon. E. D. Hutchinson, Judge
Cash W. Green, Clerk,
In the Matter of the Probate of Last Will and Testament
William F. Earp, Deceased
}
PROCEEDINGS BY PETITION.
NOW on this day comes Edward Earp,
and presents to the Court a petition of William F. Earp,
deceased, now on file in said Court, be admitted to Probate.
It appearing to the Court from said petition that the
said William F. Earp died at the City of Sullivan on or about
the 15th day of February A. D. 1907, and at the time of his death
resided at Sullivan in the County of Moultrie and State of Illinois,
and that the names of all the heirs at law and legatees as set forth
in said petition, are as follows, to-wit:
Jennie Earp
Edward Earp,
Nora May Hoke,
Nannie Miller,
Belle Goldburgh, and Nora Earp.
Which petition is filed, and it is
ordered by the Court that the 18th day of March, A. D. 1907, be set
for a hearing on said petition.
It is further ordered that this cause be
continued until the March Term, A. D. 1907.
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STATE OF ILLINOIS,)
Moultrie County
}ss. |
In the Moultrie County County Court,
In Probate March Term, A.
D. 1907 |
On Monday the 18th day of March A. D.
1907
Present: The Hon. C. D. Hutchinson, Judge,
W. O. Funston, Sheriff, Cash W.
Green, Clerk.
In the Matter of Probate of the Last Will and Testament of
William F. Earp, Deceased.
And now, on the 18th day of March, A. D., 1907, the
same being one of the regular days of said term of the County Court,
the above entitled cause coming on to be heard.
It appearing to the Court that the Clerk thereof has
sent a copy of said petition by mail to each of the heirs at law and
legatees whose post office address was given in said petition within
the time specified by law, proof of said service being evidenced by
a certificate of mailing notice now on file in said Court.
And it further appearing to the Court from said
petition that the post office address of Nora Earp is
now shown by said petition, and that the said Clerk has caused
publication to be made in the Sullivan Progress, a newspaper of
general circulation, published in Sullivan in the County aforesaid,
for at least three weeks before the day set for hearing, stating the
name of the said testator, the names of all the heirs at law and
legatees, ___ the time when and the place where said Will
is to be offered for probate, proof of said service thereof being
also evidenced by a certificate of publication, also on file in said
Court.
Thereupon come A. Gifford and Chas. Lansden
two of the subscribing witnesses of the aforesaid Will, who,
being duly sworn, does depose and say, each for himself, that They
subscribed their names to said Will as attesting witnesses thereto
at the request of said testator, in his presence, and in the
presence of each other, on the 20th day of February A. D. 1905, and
that the said testator, then and there subscribed his name thereto
in their presence, declared the same to be his Last Will and
Testament, and that the said testator, at the time of the execution
of said Will, was of full age, of sound mind and memory, and under
no constraint.
And the Court heard all the evidence furnished, and
being fully advised in the premises, doth hereby Order and Adjudge
that the said Will be deemed and taken as duly proven and
authenticated, and the same hereby admitted to Probate as said Will
together with the testimony of the witnesses thereof be entered of
Record.
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STATE OF ILLINOIS,)
Moultrie County
}ss. |
In the Moultrie County County Court,
In Probate March Term, A.
D. 1907 |
PERSONALLY APPEARED in Open Court A.
Gifford and Last Will and Testament of William F. Earp
late of Moultrie County, deceased, who being duly sworn of said
testator and in his presence and the presence of each other on the
20th day of February A. D. 1905
That they believed and now believe that he then and there subscribed
his name thereto in their presence and declared the same to be his
Last Will and Testament; and that the said Testator at the time of
executing the same as aforesaid was of full age, of sound mind and
memory, and under no constraint.
SUBSCRIBED and sworn to in Open Court,
this 18th day of March A. D. 1907.
(SEAL) Cash W. Green, County Clerk. |
A. Gifford
Chas. Lansden |
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Endorsed: Filed March 18th A.D.
1907
A true Record of the original affidavit of the
subscribing witnesses |
Cash W. Green, Clerk
Attest: Cash W. Green, Clerk. |
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LAST WILL and TESTAMENT of WILLIAM F. EARP, Deceased.
I, William F. Earp, of the county
of Moultrie and State of Illinois, being of sound mind and memory do
make and declare this my Last Will and Testament, hereby revoking
all others.
1st - I direct that my executors, pay out of the first
money of my Estate that shall come into their hands my funeral
expenses and all my just debts.
2nd - Having provided by contract with my wife Jennie
Earp prior to our marriage for a disposition of our several estates,
I desire that contract to be carried into effect and bequeath to her
One Dollar in full of what she shall receive from my estate.
3 - Having given to my son John W. Earp, now
deceased, during his life his full share of my estate, I bequeath to
his daughter Nora Earp One dollar in full of her share of my
estate.
4th - All the rest and residue of my estate both real and
personal I hereby give, bequeath and devise to my children.
Edward Earp, Nor May Hoke, Nannie Miller and Belle Goldburgh
to have and hold unto them and their heirs in equal parts, share and
share alike.
5. I appoint my son Edward Earp and my son
in law A. H. Miller, executors of this will.
In testimony where of I hereunto set my hand and
affixed my seal this February 20 - 1905.
William F. Earp (SEAL)
We were present and saw William F. Earp sign his
name to the foregoing Will and at his request and in his presence
and in the presence of each other, we sign our names thereto as
subscribing witnesses and we believe him to be of sound and
disposing mind and memory.
Feb. 20 - 1905
A. Gifford
Charles Lansden.
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