Will and Testament of
Caroline Churchill
 

ED NOTE: Caroline L. (Stuckey) Churchill was the wife of Daniel Webster Churchill (son of Leonard Hubbard Churchill). Caroline’s brother Frederick Stuckey married Grace Blanche Churchill, sister to Daniel Webster Churchill.

LAST WILL AND TESTAMENT of Caroline L. Churchill

Transcribed by Judith Ann Churchill, August 17, 2007.

I, CAROLINE L. CHURCHILL, of the Town of Putman, in the County of Fulton and State of Illinois being of sound mind and memory, and considering the uncertainty of this frail and transitory life, do therefore make, ordain, publish and declare, this to be my Last WILL AND TESTAMENT:

FIRST, I order and direct that my Executor hereinafter named pay all my just debts and funeral expenses as soon after my decease as conveniently may be.

SECOND, After the payment of such funeral expenses and debts, I give, devise and bequeath unto my husband, Daniel W. Churchill, all of my property, both real and personal, wherever situated, to have and to hold for and during his natural life, meaning and intending thereby to create a life estate therein.

THIRD, After the death of my said husband, I order and direct my Executor to sell and convert into cash all my personal property and the net proceeds derived from said sale, I give and bequeath as follows:

(a) To my son, Leonard A. Churchill, one-half (1/2) thereof;

(b) To my granddaughter, Audrey L. Yarnell, one-fourth (1/4) thereof; and

(c) To my granddaughter, Ruth E. Yarnell, one-fourth (1/4) thereof.

FOURTH, Subject to said life estate, I give, devise and bequeath unto my granddaughters, AUDREY L. YARNELL and RUTH E. YARNELL, share and share alike, all of my real estate wherever located, to have and to hold as their absolute property forever, subject however to the payment of the following bequest:

(a) To my son, LEONARD A. CHURCHILL, I bequeath the sum of Three Thousand ($3,000.00) Dollars, which said bequest is made a lien on my said real estate and shall be paid within one (1) year after the death of my said husband; and in case he should predecease me, then within one (1) year after my death.

LASTLY, I make, constitute and appoint my said son Leonard A. Churchill to be Executor of this, my last Will and Testament, hereby requesting and directing that no surety to be required on his Bond as such executor.

I hereby revoke all former wills and codicils by me made.

IN WITNESS WHEREOF, I have hereto subscribed my name, this 17th day of April, in the year of our Lord, One Thousand Nine Hundred and Forty-five (A. D. 1945.)

Signed: Caroline L. Churchill (SEAL)

The foregoing instrument was, on the day of the date thereof, signed, sealed, published and declared by the said CAROLINE L. CHURCHILL, as and for her last will and testament, in the presence of the undersigned, who, at her request and in her presence and in the presence of each other, have hereunto subscribed our names as witnesses thereto, and we do hereby certify that at the time of the execution of said will, the said CAROLINE L. CHURCHILL was of sound and disposing mind and memory and understanding and under no restraint.

Signed: Betty Irwin, Lewistown, Illinois

E. L. Weber, Lewistown, Illinois.

STATE OF ILLINOIS,}

COUNTY OF FULTON.} SS. IN THE COUNTY COURT.

In the Matter of the Probate of the Last Will and Testament of

CAROLINE L. CHURCHILL, Deceased.

No. 13561

ORDER FOR ISSUANCE OF DEDIMUS POSTESTATUM WITHOUT NOTICE.

NOW on this 6th day of February, A. D. 1957, coming on for hearing the Petition of Leonard A. Churchill for the issuance out of this Court of a Dedimus Postestatum or Commission to take the deposition of Betty Irwin, one of the witnesses to an instrument in writing purporting to be the Last Will and Testament of CAROLINE L. CHURCHILL, being fully advised in the premises FINDS:

That, heretofore, to wit, on the 4th day of February, 1957, petitioner herein filed in this Court a petition for the probate of the purported Will of Caroline L. Churchill, deceased, late of the County of Fulton and State of Illinois, and for the issuance of Letters Testamentary thereunder.

That all of the heirs at law, legatees and devisees of Caroline L. Churchill, deceased, and all of the persons interested, have entered their several and respective appearances, waived all notices and consented to an immediate probate of said Will and the issuance of a Commission therefore;

And the Court FINDS that it has jurisdiction of the parties and the subject matters therein;

And it further appearing to the Court that the said Betty Irwin, one of the attesting witnesses to said purported Will of Caroline L. Churchill, deceased, resides at DeKalb, Illinois, and that the personal appearance of the said Betty Irwin cannot be procured before this Court.

IT IS THEREFORE ORDERED that a Dedimus Postestatum or Commission issue without notice under the seal of this Court, annexed to said purported Will, authorizing and directing Ferne B. Mullif, a Notary Public residing at Northern Illinois College, DeKalb, Illinois, to faithfully take the deposition under oath or affirmation of said attesting witness, Betty Irwin, upon all such interrogatories as may be enclosed with and attached to said Commission, and none other, touching the execution of said purported Will; and that when thus taken to certify the same with said Commission. A photostatic copy of said instrument in writing purporting to be the Last Will and Testament of Caroline L. Churchill, deceased, shall be attached by the Clerk to said Commission and interrogatories.

Francis P. Ullurphy (sp), Judge

LETTERS TESTAMENTARY to LEONARD A. CHURCHILL

County Court of Fulton County

IN PROBATE

In the Matter of the Last Will of CAROLINE L. CHURCHILL, Deceased.

Recorded in Executor’s Record P, Page 64

Filed this 13th day of February 1957

Harry Parr, Clerk.

STATE OF ILLINOIS,}

County of FULTON,} SS. IN THE COUNTY COURT IN PROBATE

In the Matter of the Last Will of CAROLINE L. CHURCHILL, Deceased,

LETTERS TESTAMENTARY

KNOW ALL MEN BY THESE PRESENTS that LEONARD A. CHURCHILL has been appointed Executor of the Will of CAROLINE L. CHURCHILL, deceased, who died on the 19th day of JANUARY, 1957, and is authorized to sue for and collect the personal estate of and debts due the decedent and to perform all duties imposed on him by the Will so far as there is property and the law charges him; and to do all other acts now or hereafter required of him by law.

WITNESS: HARRY PARR, Clerk of the County Court of the County of FULTON and the seal of the court this 13th day of FEBRUARY, 1957

(SEAL) HARRY PARR, Clerk

STATE OF ILLINOIS,}

FULTON County,} ss.

I, HARRY PARR, Clerk of the County Court in and for the County and State aforesaid and Keeper of the Records and Seal thereof, do hereby certify that the within and foregoing is a true and complete copy of the Letters Testamentary issued to LEONARD A. CHURCHILL in the Estate of CAROLINE L. CHURCHILL, Deceased, together with the endorsements thereon, as the same appears of record in my office. I further certify that said Letters Testamentary are still in full force and effect and unrevoked.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said Court, this 13th day of FEBRUARY A. D. 1957.

(SEAL) Harry Parr, Clerk of the County Court

INVENTORY

NO. 13561

STATE OF ILLINOIS

County of FULTON

COUNTY COURT

ESTATE OF CAROLINE L. CHURCHILL, DECEASED

Approved: October 11, 1957, Francis P. Ullurphy (sp), Judge

Filed: October 11, 1957

Recorded: in Inventory, Record NN, Page 253, Henry Parr, Clerk

Attorney: Chiperfield & Chiperfield, Masonic Temple Building, Canton, IL

STATE OF ILLINOIS,}

County of FULTON.} SS. IN COUNTY COURT IN PROBATE

In the Matter of the Estate of CAROLINE L. CHURCHILL, Deceased, The following is a verified inventory of all the Real and Personal Estate and of causes of action of the said deceased, so far as the same has come to the possession or knowledge of the undersigned Executor of said Estate.

REAL ESTATE

Eighty-six acres, more or less, off the South side of the East Half of the Northwest Quarter of Section 31, Township 8 North, Range 5 East of the Fourth Principal Meridian, situated in the County of Peoria, State of Illinois;

PERSONAL ESTATE OTHER THAN CASH, GOODS AND CHATTELS

(fully describe)

Series G Bonds 11/1944 #d1660075G $506.25

Series E Bonds 2/1944 C67298688E 109.20

Series E Bonds 1/1942 C4547956E 112.50

Series E Bonds 1/1942 L3722249E 56.25

Series E Bonds 1/1952 C4547957E 112.50

STATE OF ILLINOIS}

County of FULTON} SS.

LEONARD A. CHURCHILL, being duly sworn, states that the above and foregoing is a true and correct Inventory of the Real and Personal estate which has come to his knowledge and of all causes of action on which he has a right to sue.

Signed: Leonard A. Churchill

Sworn to and subscribed before me this 8th day of October 1975. James F. Scott

STATE OF ILLINOIS,}

COUNTY OF FULTON.} SS. IN THE COUNTY COURT THEREOF.

IN THE MATTER OF THE ESTATE OF CAROLINE L. CHURCHILL, DECEASED.

October 14, 1957. Distribution made. Costs paid. Executor discharged. Bond released and Estate closed. Signed: Frank P. Murphy, Judge.

Recorded Acct. Cur. LL Page 106

NO. 13561.

TO THE HONORABLE FRANCIS P. MURPHY, JUDGE OF SAID COURT:

The undersigned, LEONARD A. CHURCHILL, as Executor of the Last Will and Testament of CAROLINE L. CHURCHILL, deceased, respectfully represents:

1. That Caroline L. Churchill died testate on the 19th day of January, A. D. 1957.

2. That her Last Will and Testament was admitted to probate and record by the County Court of Fulton County, Illinois, on the 13th day of February 1957.

3. That the undersigned, who was named as Executor therein, duly qualified and Letters Testamentary were issued to him by the County Court of Fulton County, Illinois, on February 13, 1957.

4. That an inventory of the real and personal property was duly filed and approved.

5. That a judication of claims was duly made and all debts, including expenses of administration, executor’s fees, attorney’s fees, have been fully paid and there is no claim pending in this Court or any Court on appeal or otherwise against said estate.

6. That there were no inheritance taxes due the State of Illinois nor estate taxes due the Federal Government for the reason that the specific exemptions allowed by law exceeded the gross value of said estate.

7. That said Caroline L. Churchill by her Last Will and Testament disposed of all of her real estate and further provide that all of her personal estate be converted into cash and divided as follows:

To LEONARD A. CHURCHILL one-half (1/2) thereof:

To AUDREY L. YARNELL, now Audrey L. Kreighbaum, one-fourth

(1/4) thereof:

To RUTH E. YARNELL, now Ruth Ellen Courtney, one-fourth (1/4) thereof:

8. That all of said legatees are of full age and under no disability.

9. That the following is a full and correct account of all receipts and expenditures made by the undersigned as such Executor:

RECEIPTS

Balance in State Bank of Cuba $15,095.21

Feb. 19 Redemption U. S. Bond 500.00

Mar. 19 Proceeds, sale of personal property, 488.53

Apr. 1 Interest 12.50

Apr. 20 Interest 6.38

May 17 Redemption U. S. Bond, 896.70

TOTAL $16,999.32

Feb. 11 C. B. Tally Income Tax Service $ 5.00

Feb. 22 Hukill Funeral Home Funeral Expenses 954.90

Feb. 23 Spoon River Elec. Electric Bill 7.47

Feb. 7 Standard Oil Co. Fuel 119.11

Mar. 19 Spoon River Elec. Electric Bill 4.53

Feb. 9 Internal Revenue 1956 Income Tax 226.00

Apr. 1 Berwyn D. Johnson Insurance, Yarnell Farm 48.66

Apr. 15 Spoon River Elec. Electric 3.50

Apr. 27 Edward Orr 1956 Taxes Peoria Co. 181.90

May 10 John B. Anderson 1956 Taxes Fulton Co. 666.78

May 31 Canton Mem. Co. Lettering monument 10.00

Aug. 19 Trivoli Farmers Co. Shingles fnbsp; 39.26

Harry Parr Court Costs 43.65

Chiperfield & Chiperfield, Attorneys’ Fee 325.00

Bank Charges .45

Total $2,911.31

RECAPITULATION

Receipts $16,999.32

Expenditures 2,911.31

Balance $14,088.01

10. That the above balance of $14,088.01 should be distributed according to the terms of said Will as follows:

LEONARD A. CHURCHILL, one-half thereof, $7,044.01

AUDREY L. KREIGHBAUM, one-fourth thereof, $3,522.00

RUTH ELLEN COURTNEY, one-fourth thereof, $3,522.00

Total: $14,088.01

WHEREFORE, the undersigned prays that upon making distribution as above shown and filing receipts of said legatees that this his Final Report be approved, that said estate be closed and that he be discharged from further duties as such Executor.

Signed: Leonard A. Churchill

Executor of the Last Will and Testament of Caroline L. Churchill, deceased.

CHIPERFIELD & CHIPERFIELD

Masonic Temple Building

Canton, Illinois

Phone 70

State of Illinois,}

County of Fulton.} ss.

LEONARD A. CHURCHILL, being first duly sworn, on oath deposes and says that he is Executor of the Last Will and Testament of Caroline L. Churchill, that he has read the above and foregoing Final Report by him subscribed and that the same is a complete and correct account of all of his acts and doings on behalf of said estate.

Signed: Leonard A. Churchill

Subscribed and Sworn to before me this 12th day of October, 1957. James F. Scott, Notary Public

State of Illinois}

County of Fulton} ss.

Received this date of Leonard Churchill, Executor of the Estate of Caroline L. Churchill our distributive share of said estate as shown by the above report.

We consent to the approval of said report.

Signed: Leonard A. Churchill

Audrey L. Kreighbaum

Ruth Ellen Courtney