Last Will and Testament
of William Stewart Churchill, Sr.

 

Editor's Note: William Stewart Churchill, son of Charles Belden Churchill Sr. (the first); 2nd Great Grandfather of Judith Ann Churchill

 

I William S. Churchill of Cuba in the County of Fulton and State of Illinois being of sound mind and considering the uncertainty of life do therefore make 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 and bequeath to my beloved wife Melvina Churchill all my real and personal property during her natural life.  The remainder of my estate after the death of my wife and after one hundred dollars is paid to my granddaughter Amanda Ford, to be equally divided between my then surviving children.

 

Lastly:              I appoint Henry Shiery to be executor of this my Last will and Testament and it is my desire that my said executor take full control of all properties real and personal and furnish my beloved wife with all that is necessary for her comfort and keeping the remainder drawing interest or rent as the case may be.  He to use his best judgement as to her needs and so manage the estate that it cannot be uselessly squandered.

 

In witness whereof I have hereunto subscribed my name and affixed my seal this 22nd day of May A. D. 1893

 

Signature: Wm. S. Churchill

 

This instrument was on the day of the date thereof signed and declared by said Testator William S. Churchill to be his Last Will and testament in the presence of us who at his request have subscribed our names hereunto as witnesses in his presence and in the presence of each other.

 

Signatures:        F. M. Snively

                        John Newburn


 

1895 March 7

County Court, March Term, 1895

State of Illinois}

Fulton County} ss.

Lewistown, Illinois

 

In the matter of the Last Will and Testament of William S. Churchill, Deceased.  This day an instrument of writing purporting to be the Last Will and Testament of William S. Churchill, Deceased, late of the County of Fulton and State of Illinois, was presented in open Court for Probate, and thereupon F. M. Snively and John Newburn the subscribing witness to said Last Will and testament of said William S. Churchill, deceased, after being first duly sworn did depose and say that said William S. Churchill departed this life on or about the 25th day of February 1895 in the County of Fulton and State of Illinois; and that said witnesses saw the Testator sign said Will I their presence and acknowledge the same to be his act and deed and that they believe said Testator to be of sound mind and memory at the time of signing and a memory at the time of signing and acknowledging the same; and that they subscribed their names as witnesses to said Will of said Testator in the presence of each other and in the presence of the said Testator at his instance and request.

 

In testimony whereof, I have hereunto subscribed my name and affixed my Seal of my office in Lewistown, this 7th day of March A. D. 1895. 

Signed: W. H. Boyer, Clerk,


 

1893 May 22

State of Illinois}

Fulton County} ss.

Pleas before the Honorable S. H. Armstrong, Judge of the County Court of Fulton in the State of Illinois and sole and presiding Judge of the County Court of said County at a regular term thereof begun and held for the dispatch of Probate business at the Court House in Lewistown in said County on the First Monday of March A. D. 1895 (it being the 4th day).

 

Present The Honorable S. H. Armstrong, Judge

Attest: J. M. Laws, Sheriff

           W. H. Boyer, Clerk

 

And afterwards to wit on the 7th day of March A. D. 1895 that being one of the days of the regular March term of said Court, the following among other proceedings were had and entered of record in said Court.

 

In the matter of the Last Will and Testament of William S. Churchill} Probate of Will, Deceased.

 

This day an instrument of writing purporting to be the Last Will and Testament of William S. Churchill deceased was presented in open court for Probate and it appeared from evidence taken herein that the said William S. Churchill departed this life on or about the 25th day of February 1895  That he was of lawful age, a resident of and had property in this County, and it further appearing from the testimony of F. M. Snively and John Newburn the subscribing witnesses to said Instrument, that at the time of the Execution thereof the said Testator was of sound mind and memory and free from all constraint and that they in his presence saw the said William S. Churchill sign his name to said instrument and acknowledge and declare the same to be his Last Will and Testament.  And thereupon witnesses to said Last Will of said Testator at his request and in his presence and in the presence of each other.  Whereupon it is considered by the Court that said instrument has been duly proven and it is ordered admitted to probate and recorded as the Last Will and Testament of William S. Churchill, deceased.  It is further ordered by the Court that letter of Executorship issue to Henry Shiery as provided in Will on his giving good and sufficient Bond as such Executor said Bond being subject to approval by the Court.

 

Will of William S. Churchill, deceased.

 

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 and bequeath to my beloved wife Melvina Churchill all my real and personal property during her natural life.  The remainder of my estate after the death of my wife and after one hundred dollars is paid to my granddaughter Amanda Ford, to be equally divided between my then surviving children.

 

Lastly:              I appoint Henry Shiery to be executor of this my Last will and Testament and it is my desire that my said executor take full control of all properties real and personal and furnish my beloved wife with all that is necessary for her comfort and keeping the remainder drawing interest or rent as the case may be.  He to use his best judgement as to her needs and so manage the estate that it cannot be uselessly squandered.

 

In witness whereof I have hereunto subscribed my name and affixed my seal this 22nd day of May A. D. 1893

 

Signature: Wm. S. Churchill

 

This instrument was on the day of the date thereof signed and declared by said Testator William S. Churchill to be his Last Will and testament in the presence of us who at his request have subscribed our names hereunto as witnesses in his presence and in the presence of each other.

 

Signatures:        F. M. Snively

                        John Newburn


 

1895 March 19

ESTATE OF WILLIAM S. CHURCHILL, DECEASED

LETTERS OF TESTAMENTARY

State of Illinois}

Fulton County} ss.

In County Court March Term, 1895

THE PEOPLE OF THE STATE OF ILLINOIS to whom these Presents shall come~~~Greeting:

 

KNOW YE, that whereas William S. Churchill last of the County of Fulton, and State of Illinois, died on or about the 25th day of February 1895 as it is said, after having duly made and published his last Will and Testament, a copy whereof is hereunto annexed, leaving at the time of his death, property in this State which may be lost, destroyed or diminished in value if speedy care be not taken of the same; and inasmuch as it appears that Henry Shiery has been appointed Executor in and by the Last Will and Testament, to execute the same:

 

Now, to the end that said property may be preserved for those who shall appear to have a legal right or interest therein; and that the said Will may be executed according to the request of said Testator, we do hereby authorize the said Henry Shiery as such Executor to collect and secure, all and singular, the goods and chattels, rights and credits, which were of the said William S. Churchill at the time of his decease, in whosoever hands or possession the same may be found in this State; and well and truly to perform and fulfill all such duties as may be enjoined upon them by the said Will, so far as there shall be property, and the law charge them and in general to do and perform all other acts which now are, or hereafter may be required of them by law.

 

WITNESS, W. H. Boyer, Clerk of the County Court of the said County of Fulton, at his office in Lewistown, this 19th day of March, A. D. 1895, and the Probate Seal of said Court hereunto affixed.

 

W. H. Boyer, Clerk of the County Court

 


 

1900 June 8

FINAL REPORT OF THE ACCOUNT OF HENRY SHIERY, ADM. Of the Estate of William S. Churchill, Deceased.

Filed the 22 day of March 1900, H. J. Efnor, County Clerk.

Approved before me this 8th day of June A. D. 1900, M. Walker, County Judge

 

STATE OF ILLINOIS,}

Fulton County,} ss.

County Court May Term, 1900

In the Matter of the Estate of W. S. Churchill, Deceased.

Henry Shiery, Administrator, of the Estate of W. S. Churchill, Deceased. 

In Account with said Estate.

 

DR.

 

I have never received anything from the above Estate and have been to a small expense of therefore ask the Honorable court to the cost abated and I hereby ask for my discharge.

 

Yours truly,

 

Henry Shiery, Administrator

 



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