Estate of
Charles B. Churchill, Jr.
 

ED NOTE: Charles Belden Churchill Jr. is the son of the First Charles Belden Churchill. Charles Belden Churchill Jr. owned the Churchill House, mentioned below.

REPORT OF THE ACCOUNT OF LOUISA E. AND FRANK CHURCHILL, EXR’S

of the Estate of Charles B. Churchill, Deceased.

Filed the 22 day June 1895, W. H. Boyer, Clerk.

Record I, Page 371.

Approved before me this 22 day of June A. D. 1895, S. Armstrong, County Judge

STATE OF ILLINOIS}

FULTON COUNTY,} ss. COUNTY COURT, June TERM, 1895

IN THE MATTER OF THE ESTATE OF Charles B. Churchill, Deceased, Louisa E. Churchill and Frank Churchill, Executors, of the Estate of Charles B. Churchill, Deceased.

In account with said estate.

DR.

To Inventory $2988.72

Additional Inventory 638.20

Total DR $3626.92

They ask the following credits viz;

1893

Dec. 5 R. B. Dinelbin claim allowed, Voucher 1 1.50

Oct . 2 C. N. Henkle Insurance, allowed, Voucher 2 187.60

Dec. 5 Cooper McMahon, claim allowed Voucher 3 7.00

Dec. 9 C. N. Henkle, for ___ at funeral Voucher 4 19.25

Dec. 5 S. Y. Thornton, claim allowed Voucher 5 6.25

Dec. 5 Bonnes & Johnson, claim allowed Voucher 6 8.00

Dec. 5 J. E. Sulton, claim allowed Voucher 7 17.00

Dec. 5 J. E. Coleman, claim allowed Voucher 8 33.00

Dec. 9 F. L. Clemmens, claim allowed Voucher 9 8.00

Nov. 11 Fisher Bros., claim allowed Voucher 10 87.00

Jan. 11 Chas. Barnard, claim allowed Voucher 11 100.00

1895

Jan. 12 F. Mendanhall, claim allowed Voucher 12 6.00

Jan. 12 B. T. Eyerly, claim allowed Voucher 13 3.90

Jan. 12 C. A. Nebrter, claim allowed Voucher 14 13.95

Jan. 12 R. A. Perkins, claim allowed Voucher 15 4.93

Jan. 12 Harter Doolan, claim allowed Voucher 16 12.35

Jan. 12 R. L. Bocock, claim allowed Voucher 17 3.40

Jan. 12 Ger Deitwig, claim allowed Voucher 18 5.00

1894

July 5 F. J. Raymond, claim allowed Voucher 19 35.00

Oct. 13 S. J. Taylor, claim allowed Voucher 20 15.00

1893

Nov. 7 W. H. Shonon, Rent, Amt. Allowed Voucher 21 98.67

Stickler, digging grave 4.25

Total $677.05

Balance on Hand $2949.87

Petition to Sell Real Estate TO PAY DEBTS.

FULTON COUNTY COUNTY COURT.

ESTATE OF Charles B. Churchill, DECEASED.

Filed this 16th day of Sept. 1895

Recorded in Sales R. E. Record I, Pages 497 & 498

Signed: W. H. Boyer, Clerk

STATE OF ILLINOIS,} ss In the County Court, October Term, A. D. 1895

County of Fulton}

Estate of Charles B. Churchill Deceased.

TO THE HON. S. H. ARMSTRONG, Judge of the County Court of said County.

Your Petitioners Louisa Churchill and Frank S. Churchill, Executors of the Will of Charles B. Churchill late of said County, deceased, respectfully represents.

That the said Charles B. Churchill departed this life at Canton, Illinois on or about the 25th day of August 1893.

That your petitioners were on the 11th day of Sept. 1893, duly appointed by the County Court of said Fulton County, Executors of the Last Will aforesaid, as will appear by their letters of Executorship.

That the Inventory, Appraisement Bill and Sale Bill in said Estate have been duly filed in the office of the Clerk of this Court, and that the undersigned have rendered to said Court a just and true account of the personal estate and debts of said deceased, a certified copy of which account is hereto attached and made a part of this petition, for reference and evidence, and marked “Exhibit A”.

That the personal estate of said Charles B. Churchill deceased, as appears from the aforesaid account and exhibit, amounts to Thirty Seven Hundred & Fourth Three and 56/100, and are heretofore filed and affirmed by the Court.

That there are debts and demands allowed against the said estate unpaid amounts to the sum of Twelve Hundred Thirty Seven and 34/100 Dollars, as will more particularly appear from said account marked “Exhibit A”.

That the just claims to be presented and allowed and expenses, administration will probably amount to the sum of Two Hundred and Thirty Dollars.

There has come to the hands of your petitioners Personal Estate to the amount of Thirty Seven Hundred Forty Three and 56/100 Dollars, and that they have disbursed the same and paid out upon claims against said estate the sum of Thirty Four Hundred Forty Seven Dollars, as set forth in “Exhibit A” and their approved accounts.

That your petitioners have applied all the proceeds of said personal estate which have come to their possession toward the payment of said debts, as by their accounts and vouchers on file in this Court will more particularly appear, and that there is a deficiency of personal property to pay the debts of the said deceased.

And your petitioner further represent that the said died seized in fee of certain real estate in said County described as follows, to-wit:

Twenty Two (22/acres off the east side of the south east quarter of the Northwest quarter of section thirty three (33) in Township seven (7) North. Range (4) four east of the 4th P. M. in the County of Fulton and State of Illinois.

That the said deceased left him surviving him, your Petitioners, Louisa E. Churchill as his widow, having a dower interest in his real estate which she will release to the purchaser at the sale she made herself and the following named children: Your Petitioner Franklin S. Churchill, Sarah J. Palmer, Elizabeth Churchill and Abigail Mahr as his only heirs at law and devises in his Last Will.

Wherefore, in consideration of the premises, your petitioners pray that this Court will order and direct your petitioners to sell the real estate according to law, or so much, thereof as may be necessary to pay the debts of said intestate, and to make such further order herein as to this honorable Court may seem meet.

Signed: Louisa E. Churchill, F. S. Churchill

Executors of the Will of Charles B. Churchill, Deceased.

STATE OF ILLINOIS,}

County of Fulton.} SS. Frank S. Churchill, Executor as aforesaid, being duly sworn, deposes and says that the statements contained in the foregoing petition are true according to the best of his knowledge and belief.

Signed: F. S. Churchill

Subscribed and sworn before me, this 14th day of September 1895, W. H. Boyer, Clerk.

REPORT OF SALE OF REAL ESTATE.

FULTON COUNTY COUNTY COURT.

Louisa E. Churchill, etal Exe vs Louisa E. Churchill etal

Filed November 11, 1895, Fulton Co., Lewistown, IL, W. H. Boyer, Clerk.

IN THE FULTON COUNTY COURT, IN PROBATE.

Louisa E. Churchill and Franklin S. Churchill, Executors of the Will of Charles B. Churchill, Deceased, vs Louisa E. Churchill, etal.

Petition to Sell Real Estate to Pay Debts.

To the Hon. S. H. Armstrong, Judge of said Court.

The undersigned Executors of the Will of Charles B. Churchill deceased, would hereby report that by virtue of the decree heretofore entered in this Court in the above entitled cause they, did, on November A. D. 1895, between the hours of 10 o’clock in the forenoon and 5 o’clock in the afternoon of said day, at the front door of the Post Office in Canton, Fulton County, in the State of Illinois, offer for sale at public vendue, the real estate described in said decree, and E. H. Heald bid the sum of Nineteen Hundred & Eighty Dollars for the Twenty Two (22/acres off the east side of the south east quarter of the Northwest quarter of section thirty three (33) in Town seven (7) North. Range (4) four east of the 4th P. M. in the County of Fulton and State of Illinois and the said E. H. Heald being the highest and best bidder for said described Tract real estate the sum was struck off to him at the sum aforesaid, and we executed and delivered to him deed for said real estate as Executors of the Will of Charles B. Churchill deceased, and we further report that previous to making said sale we caused a notice, of which the annexed is a true copy, to be published for four successive weeks in the Fulton County Ledger the nearest weekly newspaper, published at Canton in said county, where said real estate is situate, and we also posted up similar notices in four of the most public places in said County, four weeks previous to said day of sale.

We further report that said E. H. Held, paid cash on delivery and said deed.

All of which is respectfully submitted.

Signed: Louisa E. Churchill (X)

Franklin Churchill (X)

Executors of the Will of Charles B. Churchill Deceased

Dated Nov. 11 A. D. 1895

Supplemental Report of Executors

In County Court of Fulton County in the State of Illinois

September Term A. D. 1899

In the Matter of the Estate of Chas. B. Churchill, deceased.

Approved by me the 11th day of September 1899, Meredith Walker.

State of Illinois,}

County of Fulton.} SS. In the County Court. September Term A. D. 1899.

In the matter of the estate of Charles B. Churchill, deceased. Supplementary Report of Executors made by direction of the Judge of said Court.

To the Honorable M. Walker, Judge of the County Court (In Probate), aforesaid:-

The undersigned, Frank S. Churchill and Louisa E. Churchill, executors of said estate of Charles B. Churchill respectfully submit to the court the sub-joined report as required by said court of the amount paid by them upon the principal of the Mrs. Mercy Otto note and mortgage, and likewise the amount of interest paid on the same by them, as shown by the following:

Payments upon Principal.

1894

Mar. 26 $100.00

Sep. 1 $230.00

Nov. 24 $300.00

1895

Jan. 23 $1400.00 Paid by Louisa Churchill in her individual behalf

Sep. 6 $500.00

Oct. 8 $100.00

1896

Oct. 3 $140.00

1897

Sep. 23 $100.00

Nov. 13 $230.00

Total payments on Principal $3100.00

They also submit the following of payments upon interest.

1894

Mar. 3 $300.00

1895

Mar. 13 $ 71.00

Mar. 5 $216.75

1896

Mar. 2 $167.46

1897

Mar. 3 $141.81

1898

Mar. 5 $134.50

1899

Feb. 28 $120.00

Total $1151.62

These executors would further show to the court that the said payments of interest satisfied all interest demands in full to March last, A. D. 1899, and by clerical error made in computation, they overpaid the interest, by the amount of $12.00, which Mrs. Otto has given them a credit for, in writing, to apply upon the present years interest; that the said figures harmonize with the total amounts appearing in the original report herein filed July 22nd, 1899.

The executors take great pleasure in exhibiting to your Honor the note of William H. Shaw, securing the rent for the hotel property-said notes secures the amount that was due for rent up to the first day of July, 1899, and is payable April 1st, 1900, thus securing all back rents due on said date last mentioned, and for all rents which have accrued since the date of the making of said note and may accrue thereafter-up to the lst of April, 1900 – William H. Shaw is bound, as tenant, to pay, in addition to the amount of said note, and for the payment of which, the executors rely upon all the methods provided by the statute for the enforcement of the collection of said rents so accruing and to accrue.

All of which is respectfully submitted,

Signed: F. S. Churchill, Louisa E. Churchill

To the Honorable M. Walker, Judge of the County Court (in probate) of the County of Fulton, State of Illinois, July Term, A. D. 1899:

The undersigned, Frank S. Churchill and Louisa Churchill, executors of the estate of Charles B. Churchill, deceased, respectfully make and exhibit this, their report of their acts and doings as executors of said estate with reference to the property belonging to said estate known as the Churchill House property, it being especially represented by the said executors that this report is intended to cover no other or different property, or none other of their transactions than with reference to the said property known as the Churchill House aforesaid.

These executors show that the period of time covered by this report is from the first day of September, 1893 to the first day of July, 1899; that during said period of time the said property has been occupied by Mr. W. H. Shaw as a Hotel known as the Churchill House, with the exception of the north store room, which has been occupied by Mr. W. H. Corwin as a news depot and book store. These executors show that the said north store room has been rented to the said W. H. Corwin at the rate of $40 per month, and that the rent therefore, amounting to $2800, has been collected by these executors and that they charged themselves with that amount. These executors show that from the first day of September, 1893, to the first day of April, 1897, the Churchill House property, with the exception of the store room, has rented at a rate of $100.00 per month, and that from the first day of April, 1897, to the first day of April, 1899 the said property, with the exception aforesaid, has been rented at the rate of $100.00 per month; that by a lease dated on the first day of April, 1899, the said premises have been rented to the said W. H. Shaw for the period of one year at a rental of $100.00 per month, and that the said lease contains a clause giving to the said W. H. Shaw the right to renew the same for the period of one year. These executors show that they have collected as rent from the hotel property the sum of $6065.00 and that such balance as may remain unpaid upon the rental of said premises these executors have secured by a chattel mortgage upon personal property of ample value to fully protect the estate of the said Charles B. Churchill, deceased.

These executors show that at the time of the death of the said Charles B. Churchill there was a mortgage encumbrance upon the said premises in the sum of $5000.00, and that interest was due upon the said sum from the first day of March, 1893, at the time of his death at the rate of 6 per cent, per annum, and that said mortgage was held by Mrs. Mercy Otto, of the city of Canton, Illinois. These executors further show that they have paid upon the said mortgage indebtedness from the rents aforesaid the sum of $2852.62, as will appear by the vouchers hereto attached marked Exhibit A., and that there has been advanced by Louisa Churchill in her individual behalf, upon the 23rd day of January, 1895, the sum of $1400 to apply upon said mortgage indebtedness, which the said Louisa Churchill is entitled to receive, together with interest, upon full settlement of the estate aforesaid. These executors show that taking into consideration the payment of the $1400 aforesaid, there is now due upon the said mortgage upon the said premises, the sum of $1900, together with interest from the first day of March, 1899. That in addition to the payments aforesaid the said executors have expended for taxes, special taxes, insurance, commissions, repairs, labor and improvements upon the said premises the sum of $4508.46, and that they now have a balance in their hands of $978.02; that the items composing the said sum of $4508.46 hereinafter appear for each year as follows, to-wit:

1893

Dec. 29 C. N. Hinkle $60.00

1894

Mar. 22 C. N. Hinkle $49.65

Mar. 24 Taxes $250.35

Apr. 3 C. N. Hinkle $40.00

May 11 C. H. Stanley $11.09

May 18 C. N. Hinkle $40.00

June 2 Special Tax $72.21

June 4 C. N. Hinkle $32.18

July 26 Worrill & Tennis $1.00

July 30 Paul Bridle $4.50

July 30 By City of Canton $0.88

Aug. 4 C. Luker $23.50

Nov. 13 D. T. Davis $5.00

Dec. 4 C. N. Hinkle $40.00

Dec. 22 J. Denny $6.00

Dec. 22 F. C. Powell $3.60

1895

Jan. 12 C. N. Hinkle $40.00

Mar. 5 L. Mannahan $8.50

Apr. 6 Special Tax $66.30

Apr. 6 Inst “ “ $14.08

June 7 W. H. Shaw $3.60

June 8 Taxes $255.28

June 10 C. N. Hinkle $99.42

July 19 Luker Bros. $4.64

July 28 C. Littlefield $5.00

July 25 T. B. Bass $7.15

Aug. 8 H. B. Gustam $34.70

Sep. 1 C. N. Hinkle $6.58

Sep. 2 J. B. Gardner $0.75

Sep. 16 Savill & Sulivan $30.00

Nov. 1 J. Denny $2.50

Nov. 2 L. Mannahan $2.45

Nov. 4 H. H. Orendorff $0.25

Nov. 5 J. Brown $12.25

Nov. 9 C. N. Hinkle $39.00

Nov. 13 Andrews Bros. $3.50

Nov. 18 C. Swart $2.25

Nov. 22 L. Mannahan $6.62

Dec. 3 C. N. Hinkle $5.75

1896

Jan. 16 Barnard & Addis $162.75

Jan. 21 Plattenburg Drug Co. $7.45

Feb. 4 W. O. Dean $98.00

Mar. 26 Taxes $112.61

May 23 J. Denny $2.50

June 27 Special Tax $81.39

June 30 J. A. Small $12.00

June 30 J. A. Small $2.00

July 14 Taxes $164.09

Aug. 22 C. N. Hinkle $40.00

Sep. 5 W. Hallar $30.00

Nov. 7 W. Hallar $40.00

Dec. 5 W. Hallar $28.45

Dec. 8 Andrews Bro. $10.69

1897

Jan. 1 C, G, Stanley $5.25

Feb. 4 W. O. Dean $98.00

Feb. 16 T. B. Bass $26.91

Apr. 2 Special Tax $76.25

Apr. 13 J. Denny $2.75

Apr. 17 L. Mannahan $3.08

May 22 C. H. Stanley $15.20

June 14 Taxes $111.91

June 26 Taylor & Drake $5.25

June 30 Barnard & Addis $3.75

July 24 C. N. Hinkle $133.91

Oct. 20 C. N. Hinkle $69.00

Nov. 5 H. B. Gustin $35.45

Nov. 7 L. Mannahan $6.25

Nov. 13 C. Leeson $10.00

Nov. 20 J. M Havermal $3.50

Dec. 7 C. N. Hinkle $52.50

Dec. 28 Plattenburg $3.50

1898

Jan. 1 J. Denny $1.50

Jan. 12 C. N. Hinkle $35.00

Jan. 14 W. O. Dean $98.00

Feb. 10 C. Stanley $3.75

Feb. 12 C. Leeson $209

Feb. 5 Buckle & Murphy $38.00

Feb. 12 Special Tax $72.03

Feb. 13 J. Donn $81.85

May 16 Taxes $236.27

July 9 Leeson $13.42

July 13 T. B. Bass $2.85

July 23 C. T. Coleman $4.00

July 29 C. N. Hinkle $80.00

Aug. 4 C. H. Stanley $10.85

Aug. 13 C. N. Hinkle $109.59

Aug. 24 Andrews Bros. $5.29

Nov. 4 C. Plaster $7.45

Nov. 22 C. Leeson $1.50

Dec. 16 N. Havermal $1.50

1899

Jan. 4 Taxes $182.52

Jan. 9 Corwon $2.35

Jan. 21 W. O. Dean $98.00

Feb. 2 T. B. Nass $35.95

Mar. 13 Taxes $214.40

Mar. 25 C. Leeson $6.00

Apr. 4 E. Prentice $124.50

Apr. 20 W. Rooks $4.60

Apr. 22 Alston Mfg. Co. $33.25

Apr. 25 H. O. Breec $2.75

May 1 C. B. Q $0.85

July 8 C. T. Wilson $30.45

July 10 Donn & Co. $16.95

July 10 C. T. Moore $6.96

July 12 C. Stanley $10.00

July 12 Murphy & Buckley $67.57

July 12 Andrews Bro. $21.65

May 6 W. H. Corwin $7.56

May 6 Manahan & Stickler $19.02

May 22 C. T. Coleman $4.00

May 22 C. Plaster $19.57

May 23 Buckley & Murphy $12.00

Total $4508.46

Plus amt. Paid on mortgage $2851.62

Total: $7360.08

The executors also credit themselves with the sum hereinafter set forth for commissions, which they have charged at the rate of 6 per cent. They represent to your Honor that the services performed by them have extended over a period of six years, demanding competent attention upon their part during all of that time and amounting to less than One Hundred Dollars per year, being in all $531.90, Making total credits $7891.98

Total amount with which executors charge themselves $8865.00

Total amount of debits with which executors credit

Themselves $7891.98

Leaving balance in the hands of executors $973.02

All of which is respectfully submitted,

Louisa E. Churchill and Frank S. Churchill, executors of the Estate of Charles B. Churchill, deceased.

June 17, 1913

In Chancery-Bill for Trustee and Accounting

Transcribed by Judith Ann Churchill, September 2007

CHARLES BELDEN CHURCHILL JR

State of Illinois}

County of Fulton} In the Circuit Court of Fulton County, May Term, A. D. 1913

Abagail Marr, et al,}

Vs In Chancery-Bill for trustee and accounting/

C. B. Adams, et all.

At a term of the Circuit Court held in and for the County of Fulton and State of Illinois, at the Court House in Lewistown, on the 17th day of June A. D., 1913

Present: The Honorable Harry M. Waggoner, Judge, etc.

This cause having come on to be further heard upon the exceptions to the reports and findings of the master in Chancery and Special Master in Chancery, the bill of complainant herein, the several answers of the defendants thereto, the replication of the complainants to such answers, the proofs taken in said cause, and the reports of the Master in Chancery and the Special Master in Chancery to whom this cause was heretofore referred to take the proofs of the parties hereto, and to take and state the account of the defendant C. B. Adams, and C. B. Adams administrator with the Will annexed of the Estate of Charles B. Churchill, deceased and report the same together with his conclusions thereon to the court and having been argued by counsel for the respective parties; and the court being fully advised in the premises, on consideration thereof, doth find that one Charles B. Churchill died testate in said County of Fulton on or about the 25th day of August A. D., 1893, leaving surviving him Louisa E. Churchill, his widow, Sarah Palmer, now Sarah Palmer, now Sarah Magoon and Abagail Marr, his daughters and complainants herein, Elizabeth Churchill, a daughter and one of the defendants herein, and Frank S. Churchill, a Son, as his children and only heirs at law; that the Last Will and Testament of said Charles B. Churchill, deceased, was duly probated on September 6th A. D. 1893, in the County Court of said Fulton County, and Letters Testamentary were issued to said Frank S. Churchill and Louisa E. Churchill, as Executor and Executrix respectively, as directed by said Will; that the said Frank S. Churchill and Louisa E. Churchill duly qualified and entered upon the duties of administration of said estate and so continued to act until the death of said Frank S. Churchill, which occurred on or about the month of September, A. D. 1901.

The court further finds that, by said Last Will and Testament of the said Charles B. Churchill, deceased, certain real estate of which the testator died seized and being the hotel property known as the “Churchill House”, and including one store-room, and located on parts of lots fifteen (15) and eighteen (18) in Jones’ First addition to the Town (now City) of Canton, in the County of Fulton and the State of Illinois, was to be held in trust during the life time of his said children; that the testator directed that said premises be rented by said executors, and the proceeds thereof disposed of as follows: First-to payment of insurance, taxes and necessary repairs and improvements; Second-to the payment of the mortgage liens against said premises; Third-after said liens are paid, and after paying the insurance, taxes and repairs, as aforesaid, the residue of the income of said property should be paid to his widow, Louisa E. Churchill, so long as she should live, and after her death, said income should be paid to the children of the testator then surviving so long as they or any of them should live, share and share alike.

The court further finds, that there are now living of said children, the complainants, Abagail Marr and Sarah Magoon said the defendant, Elizabeth Churchill; that the executor Frank S. Churchill died on or about the month of September, A. D. 1901, leaving Ola B. Churchill, his widow, and the defendant George S. Churchill, his son and only heir at law; that after the death of said Frank S. Churchill said Louisa E. Churchill resigned as executrix of said Will, and, on December 12, 1901, the defendant C. B. Adams was appointed Administrator with the will annexed of the estate of Charles B. Churchill, deceased, and duly qualified as such; that Louisa E. Churchill died in the month of March 1907.

The court further finds that a trust was created in said property by virtue of the terms of said Will, and that the said original executors were charged and clothed with the duties of trustees; that no trustee was ever appointed by any court of competent jurisdiction to take charge of said trust property up to the time of the filing of the bill in this cause, but that said C. B. Adams, as administrator with the will annexed of the state of Charles B. Churchill, deceased, from the time of his said appointment until the appointment of the trustee heretofore appointed by the court in this cause, continuously and without proper authority, assumed the authority and duties of a trustee, taking full charge and control of said trust property, collecting the rents, issues and profits therefrom, and expending divers sums of money for repairs, improvement and maintenance of said property; that the said C. B. Adams, either in his individual capacity or as administrator with the will annexed of the estate of Charles B. Churchill, deceased, has never filed a final report and accounting of his acts and doings in the premises in any court of competent jurisdiction, nor has he made any effort to close up the administration of said estate.

The court further finds that the equite s of this cause are with the complainants, and that each and every material allegation in the Bill of Complaint contained is true; that the complainants are entitled to a full and complete accounting by the said C. B. Adams of all moneys, accounts, credits and effects of every kind having come into his possession or control by reason of his having assumed the powers, duties and authority of a trustee in the premises; that the reports and findings of the Master in Chancery and the Special Master in Chancery herein show the true and correct state of the account of the said C. B. Adams with said estate; and that there is now due and owing by the said C. B. Adams to said estate the sum of Twelve Hundred Fifty-five and 72/100 dollars ($1255.72), after allowing him all just credits, allowances and compensation.

It is therefore ordered, adjudged and decreed by the court that the exceptions of the respective parties to the reports and findings of the Master in Chancery and Special Master in Chancery be and the same are hereby over-ruled and that the said reports and findings of the said Master and Special Master be and the same are hereby adopted, confirmed and approved.

It is further ordered, adjudged and decreed by the court that the defendant, C. B. Adams, deliver and pay over to A. J. Taylor Trustee heretofore appointed by the court in this cause within sixty days from the filing of this decree, the sum of Twelve Hundred Fifty-Five and Seventy-Two cents, ($1255.72), as and for the amount due from the said C. B. Adams to the said trust estate, after allowing him all just credits, allowances and compensation, and in default of such payment the said A. J. Taylor, as such trustee, shall have the right, power and authority to proceed in any proper action at law against the said C. B. Adams to collect the sum of Twelve Hundred Fifty five and Seventy-Two cents ($1255.72), and any interest that may accrue thereon, in the name of the said A. J. Taylor as such trustee. And it is further ordered that the said defendant, C. B. Adams, pay the fees of the Master in Chancery and the Special Master in Chancery in this cause, together with the fees of all witnesses attending before them, such fees to be taxed by the Clerk of this Court, and that execution issue therefore.

It is further ordered, adjudged and decreed by the court that H. H. Atherton, guardian and litem for George S. Churchill infant defendant, be allowed the sum of Twenty-five dollars as and for his reasonable compensation for services rendered as such guardian ad litem and that the same be taxed as costs in this cause. That the complainants Abagail Marr and Sarah Magoon, be allowed the sum of Six Hundred Dollars as their reasonable solicitors’ fee in this cause.

It is further ordered, adjudged and decreed by the court that the trusts, A. J. Taylor, out of any moneys in his possession may pay the costs of this proceedings (other than the fees of the Master of Chancery, Special Master in Chancery and the witnesses attending before them) and the solicitors’ fees above provided.

And it is further ordered, that the defendant C. B. Adams be allowed an appeal to the Appellate Court, for the Third District of Illinois, upon entering into a bond in the sum of Four Hundred dollars, conditioned as provided by law, with surety to be approved by the clerk of this court, and any other party to said cause is hereby allowed an appeal to the Appellate Court for the Third District of Illinois, upon entering into bond in the sum of Two Hundred Dollars, with surety to be approved by the Clerk of this Court; Appeal Bonds to be filed within forty days, certificate of evidence in ninety days.

Judge

State of Illinois}

County of Fulton} SS. In the County Court to the March Term, A. D. 1915

In the matter of the settlement of the Estate of C. B. Churchill, deceased;

Comes now C. B. Adams, who was heretofore on the 12th day of December 1901, by this Honorable Court, appointed administrator with Will annexed of said estate, and shows to the Court that thereafter about the _______day of September 1909 a Bill was filed in the Circuit Court of this County asking for the appointment of a trustee in the matter of the estate of C. B. Churchill, deceased, and for the discharge of C. B. Adams as administrator of said estate, de bonis non.

Thereupon such proceedings were had in said Court that a full accounting and an adjustment between C. B. Adams, administrator as aforesaid, with the estate of C. B. Churchill, deceased, was had, and a decree was rendered in said case fixing the duties and liabilities of the said C. B. Adams to said estate, a copy of which decree is herewith attached and made a part hereof.

Said administrator, C. B. Adams, further shows to the Court that he has fully and completely complied with the said decree and asks to be hence discharged from any further duties or liabilities in reference to said estate, and asks that his bond heretofore filed in said case may be released and discharged.

Administrator, De Bonis Non.

State of Illinois

In the Matter of the Estate of Charles B. Churchill, deceased.

Final Report

Approved April 14, 1915

Hobart S. Boyd, County Judge

Recorded M 431, Page 289.

Costs unpaid, $11.15

To the Honorable M. Walker, Judge of the County Court (in probate) of the County of Fulton, State of Illinois, July Term, A. D. 1899:

The undersigned, Frank S. Churchill and Eliza Churchill, executors of the estate of Charles B. Churchill, deceased, respectfully