Last Will and Testament of Peter MURRAY
In the name of the Father, Son and Holy Ghost
I Peter Murray of the County of Clinton and State of Illinois being feeble in body but of sound mind and disposing memory do make, publish and declare this my Last Will and Testament, (hereby revoking and annulling all former will or wills by me made) as following, "to wit:"
First: It is my will that all my funeral expenses and just debts be fully paid.
Second: After the payment of my funeral expenses and debts I give devise and bequeath unto my wife Mary Murray my present homestead consisting of the farm on which I now reside in Section Six (6) in Township Two (2) North of Range Two (2) West of Third Principal Meridian in Clinton Co. Illinois and containing in all, one hundred and fifty nine ?0/100 acres for and during her natural life and on her decease it is my will that said farm shall descent to and belong to my children begotten of the said Mary Murray and it is also my will and I hereby give and devise to my said wife all of the personal property of which I die seized and possessed and out of which however she is to pay my funeral expenses and debts above mentioned.
Third: It is my will that my said wife shall act as guardian of her children begotten by me and do so without being compelled under the law of this state to give board for the discharge of her duties as such guardian. And should any of said children during their minority become unmanageable by her it is my will that she invoke the aid of the County Court to appoint a guardian to assist her who shall not be of kin to either side of the family. And in case my said wife should die before said children "viz" (my and her children) become of age it is my will that the property shall remain as it is and not be sold until thirty years shall have expired after my decease, during which time said farm is to remain as a home for the family and out of the rents and profits thereof to be kept in repairs &c. It is my further will that neither my said wife nor any of the said children shall have power to contract or create debts that shall be an encumbrance upon said homestead until after said thirty years shall have expired after my death. And it is further my will that my said wife retain the possession of said homestead and pay the taxes thereon and keep the same in necessary repair during her life as aforesaid.
Fourth: It is my will that my other lands "viz" the South Half of South East Quarter of Section Seven (7) and the South East Quarter of South West quarter of Section Eight (8) Township Two (2) north of Range Two (2) West in all one hundred and twenty acres shall after ten years shall have expired after my death be sold and out of the proceeds of such sale it is my will that my children by a former marriage shall receive shares as follows: "viz" My son James the sum of one hundred dollars. My daughter the sum of one hundred dollars (the name of my said daughter being Julia.) My son Matthew P. the sum of ten dollars. My nephew John RUSSELL the sum of one hundred dollars and the Roman Catholic Church at Carlyle, Illinois the sum of Five Hundred dollars and the balance of the proceeds of the sale of said land I hereby bequeath to my two sons Richard and George to be equally divided between them my said wife Mary Murray to have the use of said one hundred and twenty acres until sold.
And lastly, I hereby constitute and appoint my wife Mary Murray Executrix of this my last Will and Testament and desire that she shall not be required under the laws of this state to give bond as Executrix. In witness whereof I have hereunto set my hand and seal this October 30 A.D. 1873.
Peter Murray (Seal)
The above instrument was at the date thereof signed, sealed, published and declared by the said Peter Murray 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.
W. A. J. SPARKS
State of Illinois} SS
Clinton County} In the County Court of said county
In probate November Term A.D. 1873
Personally appeared in open court E. Doennewald and W. A. J. Sparks subscribing witness to me the foregoing instrument of writing purporting to be the last Will and Testament of Peter Murray late of Clinton 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 Peter Murray, deceased. That they subscribed their names thereto as the attesting witnesses at the request of the said testator and in his presence and in the presence of each other on the 30th day of October A. D. 1873 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.
W. A. J. Sparks
Subscribed and sworn to in open court this 17th of November A. D. 1873
R. N. Ramsay, County Clerk Recorded Jany 15th 1884
Filed Nov. 17/73 Louis Elwassy, Co. Clerk
R. N. Ramsay
Transcribed by M. Losik
From Family History Center Microfilm # 1007839 - Wills v. A-C 1857-1914