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Will/Probate File of Hezekiah Russell; Morgan Co., IL
State of Illinois,
Morgan County In the County Court of Said County,
In Probate, May Term, A.D. 18
PERSONALLY APPEARED in open court, William A. Hutchison
and Wm. W. Brown subscribing witnesses to the
foregoing instrument of writing, purporting to be the Last Will
and Testament of Hezekiah Russell late of Morgan
County, deceased, who, being duly sworn according to law, do
depose and say, each for himself, that the foregoing is the Last
Will and Testament of the said Hezekiah Russell deceased;
that they subscribed their names thereto as
the attesting witnesses at the request of said testator
and in his presence, and in the presence of each other, on
the
Subscribed and sworn to in open Court, this
B.R. Upham County Clerk W.W. Brown
The Last Will and Testament of Hezekiah Russell
In the name of God Amen: I Hezekiah Russell of the County of Morgan and State of Illinois, being in the seventy-ninth (79th) year of my age of sound mind and memory do make publish and declare this my Last Will and Testament in manner following. That is to say First: I will and bequeath to my son Henry G. Russell forty (40) acres of land on which he at this time resides and which is my present place of abode. Situated in the County of Morgan and State of Illinois and described as follows. The North-east quarter of the North-west quarter of Section number thirteen (13) North of range number eight (8) West of the third (3rd) principal meredian. Together with all the hereditaments and appartenances thereunto belonging or in any wise appertaining. To him and his heirs and assigns forever.
Second: I will and bequeath that all my remaining Lands or real estate together with all the hereditaments and appartenances thereunto belonging be equally divided among the following named persons, my children and grandson in which they shall share equally and alike. Namely Elizabeth C. Sims, Lavinia Turner, William L. Russell, Eliza Turner, James Russell, John C. Russell, and George W. Harris my grandson.
Third: I will and bequeath that all the moneys and personal property of what kind soever that may be left of my estate at my death (Except what I hereinafter give to other persons) be equally divided among the following named persons, my children and grandson. Namely Elizabeth C. Sims, Henry G. Russell, Lavinia Turner, William L. Russell, Eliza Turner, James Russell, John C. Russell, George W. Harris.
Fourth: I give and bequeath to the children of my daughter Katharine Steel deceased the sum of five dollars ($5.00) each to be paid to them after my decease.
Fifth: I give and bequeath to my daughter and son-in-law Susan E. Cooper and James B. Cooper a note which I hold on my son-in-law James B. Cooper valued at five hundred and fifty dollars ($550.00), more or less at the present time.
Sixth: I give and bequeath to my grandson William R. Harris son of my daughter Margret J. Harris deceased the sum of five dollars ($5.00) to be paid to him after my decease.
This my last will and testament is at my decease to dispose of my property as therin set forth.
In witness whereof I have hereunto set my hand and seal this the twelfth day of April in the year of our Lord one thousand eight hundred and seventy-three.
Hezekiah Russell [seal]
The above instrument consisting of one shet was at the date thereof signed sealed published and declared by the said Hezekiah Russell as and for his Last Will and Testament in presence of us who at his request and in his presence and in the presence of each other have subscribed our names as witnesses thereto.
William A. Hutchison
Waverly Ills
W.W. Brown- Waverly Ills
M.M. Goode- Stirross (?) Grove Ills.
State of Illinois
Morgan County In the County Court of said County.
THE PEOPLE OF THE STATE OF ILLINOIS,
To J.M. McCulloch Judge of the County Court of Woodford County State of Illinois
WHEREAS, a writing purporting to be the last will and testament of Hezekiah Russell deceased, has been produced in said Court for Probate of the same, upon which will the name of J.E. Barrett appears one of the subscribing witnesses thereto, which said will is hereto annexed, and it is being represented to said Court that the said subscribing witness resides at Metamora in the County of Woodford and State of Illinois and without th limits of said County and that said witness is unable to attend said Court.
Now, therefore, we do hereby, in pursuance of the Statute in such case made and provided, authorize you, the said J.M. McCulloch Judge of the said Court to cause the said subscribing witness to come before you and to take and certify into our said County Court the attestation of said witness in due form of law.
Witness Edward P. Kirby County Judge
of said Morgan County, and the seal of the County
Court of said Morgan County at
Jacksonville in Morgan County aforesaid, this
Twenty-eighth day of May A.D. 18
Edward P. Kirby. Co. Judge
Attest: B.R. Upham Clerk
STATE OF ILLINOIS,
Woodford County, I, J.M. McCulloch County Judge in and
for said County the person to whom the annexed commission
is directed, do hereby certify that on the
Sworn to and subscribed before me the day and year above written.
J.E. Barrett.
Witness my hand and the seal of the County Court at Metamora in said County of Woodford. J.M. McCulloch
Probate of Will
STATE OF ILLINOIS, In the County Court of said County,
Morgan County.
In Probate, May Term, A.D. 18
PERSONALLY APPEARED in open Court, William A. Hitchison
one of the subscribing witnesses to the foregoing
instrument of writing, purporting to be a codicil to the Last
Will and Testament of Hezekiah Russell late of Morgan
County, deceased, who being duly sworn according to law, does
depose and say, for himself, that the foregoing is a codicil to
the Last Will and Testament of the said Hezekiah Russell
deceased; that he subscribed his name thereto as one of
the attesting witnesses at the request of said Testator
and in his presence, and in the presence of the other
witness, on the
Subscribed and Sworn to in open Court, this William A. Hutchison
B.R. Upham County Clerk.
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Oath of Executor
Estate of Hezekiah Russell Deceased.
OATH OF EXECUTOR
STATE OF ILLINOIS,
Morgan County, In County Court, May Term, A.D.
18
WE DO SOLEMNLY SWEAR, that this writing contains the true Last Will and Testament of the within named Hezekiah Russell deceased, so far as we know or believe, and that we will well and truly execute the same, by paying first the debts and then the legacies mentioned therein, so far as his goods and chattels will thereunto extend, and the law charges us; and that we will make a true and perfect inventory of all such goods and chattels, rights and credits, as may come to our hands or knowledge, belonging to the estate of said deceased, and render a fair and just account of our executorship, when thereunto required by law, to the best of our knowledge and abilities, so help us God.
Albert Rohrer
Thomas Turner
Sworn to and subscribed, this
June A.D. 18
B.R. Upham Clerk.
Whereas I Hesekiah Russell of the County of Morgan and State of Illinois have made and duly executed my will bearing date the twelfth day of April A.D. 1873. Now I declare this present writing to be a codicil to my said will. And I direct th same to be annexed thereto and taken as part thereof. It is my purpose at this time and by this writing to so change my will in reference to my grandson George W. Harris that instead of his receiving the part of my estate bequeathed to him in my will bearing date April 12th A.D. 1873. That I now will and bequeath to him five dollars only ($5.00).
And I also appoint as executors of this my last will and testament Albert Rohrer living about four miles south of Waverly Morgan County Illinois and Thomas Turner of Waverly Morgan County Illinois. These executors shall have power according to law to sell all my real or landed estate except the forty acres of land bequeathed to my son Henry G. Russell as described in my will; dividing the money the land brings equally among the persons (except G.W. Harris) to whom the land or real estate is bequeathed as described in my will; except I will that my son Henry G. Russell have an equal share in the real estate property I own in the town of Waverly Morgan County Illinois.
Finally I ratify and confirm my said will dated April 12th A.D. 1873 in every respect except so far as it is modified or changed by this codicil.
In witness whereof I the said Hezekiah Russell have hereunto set my hand and seal, this the seventh day of June in the year of our Lord one thousand eight hundred and seventy-six.
Hezekiah Russell [seal]
Signed sealed published and declared by the testator in the presence of each of us as a codicil to be attached to and form a part of his last will and testament dated June seventh A.D. 1876 and we in his presence and in the presence of each other and at his request have signed our names as subscribing witnesses to such execution.
Wm. A. Hutchison
J.E. Barrett
To the Honorable the County Court
Morgan County, Illinois:
THE PETITION of the undersigned Thomas Turner
respectfully represents that Hezekiah Russell late of the
County of Morgan aforesaid, departed this life at Waverly
Precinct in said County, on or about the
That said testator in his said last Will nominated and appointed Albert Rohrer and Thomas Turner Executors thereof, and that they are willing and ready to accept and undertake the office and trust confided to them
And this petition further shows that the said Hezekiah Russell died seized and possesed of Real and Personal Estate consisting chiefly of lands, town lots, bills receivable, farm stock & ?????-ments and house hold goods all of said personal estate being estimated to be worth about eleven thousand Dollars (which includes real estate to be sold).
In consideration whereof, and to the end that said Will may be proved, established and performed, your Petitioner prays that the subscribing witnesses aforesaid may be summoned to be and appear before this Court at the May Term therof (sic), then and there to testify in the matter of said Will, as it may please you to direct; and that probate of said Will may be thereupon granted, and the same ordered of Record.
Thomas Turner
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State of Illinois,
Morgan County.
Thomas Turner being duly sworn, deposes and says, that the facts averred in the above petition are true, according to the best of his knowledge, information and belief.
Thomas Turner
Subscribed and sworn before me, Clerk of the County
Court of Morgan County, this
of May A.D. 18
B.R. Upham
