Last Will and Testament of H. L. Terpening, deceased and Codicil. Filed Aug 18, 1919 Thos J. Dale, clerk Recorded in Will Record "M" Page 41 Thos. J. Dale

  I, H. L. Terpening, of Potomac, Vermilion County, Illinois, being of sound and disposing mind and memory, do make, publish and declare this instrument as and for my last will and testament, in the manner and form following:                                       

 First :- I direct that all my just debts and funeral expenses be fully paid.                                                                              

  Second : I give and devise to my Son, Arthur N. Terpening, the use, rents and profits of the south half of the southwest quarter of section Ten (10), township twenty-one (21) north, range thirteen (13) west of the second P. M. in Vermilion County, Illinois, during his life time, subject to the provisions hereinafter made with reference to said real estate. Said land is to be rented by my Trustee hereinafter named, who shall pay all taxes levied against said land, keep the fences in proper repair, and do all things which may be necessary to maintain the same in proper condition and for the proper management of the same. He shall have the privilege of using not more that forty ($40.00) Dollars per year for the purchase of clover seed or other fertilizer. Said Trustee shall use as much of the net proceeds of said land for the support, maintenance and comfort of said Arthur N. Terpening as may be necessary, and the surplus, if any remaining, he shall divide annually among my other five children, viz: Andrew L. Terpening, Jessie E. Shoemaker, Margaret S. Abby, Catherine E. Cossairt and Cora M. Weiser.
Should any of said children die during the life time of the said Arthur N. Terpening, said Trustee shall hold that portion of the net income of said land which belongs to any of my children who shall die during the life time of said Arthur N. Terpening, until after the death of said Arthur N. Terpening, when such money shall be divided with the accrued interest thereon among the heirs at law of any of my children who shall die before the death of said Arthur N. Terpening, as aforesaid, in accordance with the Statutes of Descent of the State of Illinois, now in force. My said Trustee shall keep such portion of the net income of said land as is not distributed, at interest upon the best terms he is able to procure.                                                                                                Should the net proceeds of said land at any time be insufficient then each child shall pay to said Trustee and said Trustee shall take from the funds held by him and belonging to the heirs of any of my deceased children, as aforesaid, an amount sufficient to meet any such deficiency, it being my will that each of my children shall contribute equally to such fund and that the heirs of my deceased children shall contribute the same portion that such deceased child would be required to contribute.  At the death of said Arthur N. Terpening, my trustee, after posting proper notices of sale, shall sell said land at Public Auction to the highest bidder and shall divide the proceeds thereof equally between my five children, vis: Andrew L. Terpening, Jessie E. Shoemaker, Margaret S. Abby, Catherine E. Cossairt and Cora M. Weiser.
Third - The land, income from which I have heretofore set apart for the use and benefit of my Son Arthur N. Terpening, as aforesaid, I give and devise to my Son-in-law Charles Weiser, in trust, for the purpose of taking control and management of the same during the life time of the said Arthur N. Terpening. Upon the sale of said land, as before provided, my Trustee shall make conveyance thereof, and I hereby confer upon him full power and authority, to execute a deed of conveyance to said real estate to the purchaser thereof, and to execute any other documents or instruments in and about the discharge of the trust herein before imposed upon him, including the renting of said land. My Trustee is authorized and empowered to execute any and all documents, instruments and papers in and about the administration of said trust and the conveyance of said real estate.                                    Fourth - I give and devise to my Daughter Cora M. Weiser, in fee simple, the north half of the southwest quarter of section ten (10), Township twenty-one (21) North of the 2nd P. M. in Vermilion County, Illinois, of the estimated value of Twelve Thousand ($12,000.00) Dollars.                                   Fifth - I give and devise to my Daughter Catherine E. Cossairt, in fee simple, the south half of the northwest quarter of section ten (10), Township twenty-one (21) North of the 2nd P. M. in Vermilion County, Illinois, of the estimated value of Twelve Thousand ($12,000.00) Dollars.                                                      Sixth - I give and devise to my Daughter Jesse E. Shoemaker Twelve Thousand ($12,000.00) Dollars, it being understood that she shall accept as payment or part payment of this bequest any receipt or receipts I may hold against her at the time of my demise, for money advanced to her.                                                                         Seventh- I give and devise to my Daughter Margaret S. Abby Twelve Thousand ($12,000.00) Dollars, it being understood that she shall accept as payment or part payment of this bequest any receipt or receipts I may hold against her at the time of my demise, for money advanced to her.

Eighth- I hereby nominate my Son-in-law, Charles Weiser, as the executor of this, my last will and testament.

Ninth :_ I hereby direct, that any lands owned by me at the time of my demise, shall be sold to the highest bidder, but before any such sale, my executor shall give proper notices of such sale. After the sale of any such land, the Executor shall out of the money received, pay to either my Daughters, viz: Jessie E. Shoemaker or Margaret S. Abby, "provided they have not already received their bequests in full" an amount sufficient to complete payment of such bequests as herein before provided and any money remaining from the sale of any such lands, after complying with the above, shall be divided equally between my four Daughters, Jessie E. Shoemaker, Margaret S. Abby, Catherine E. Cossairt and Cora M. Weiser.
Tenth :- Upon the sale of any lands as provided in article ninth of this instrument, my executor, above named, shall make conveyance of said lands and I hereby confer upon him full power and authority, to execute a deed conveying such lands to the purchaser thereof, and to execute any other documents or instruments in or about the discharge of his duties as such executor, including the conveyance of any real estate sold under the provision of article ninth of this instrument.
Eleventh :- As soon as possible and practical after my demise, I direct that my executor shall sell all my personal property, collect my Life Insurance and all rents, notes and accounts due me, "but I want it fully understood, that if any of my Sons-in-laws are indebted to me at the time of my demise, the executor shall look to them for the amount due and in no event shall he collect or try to collect any such amounts from the wife of any such Son-in-law". After collecting my notes, accounts and insurance, my executor shall pay all my just debts and funeral expenses and any sum remaining shall be divided equally between my five children, vis: Andrew L. Terpening, Jessie E. Shoemaker, Margaret S. Abby, Catherine E. Cossairt and Cora M. Weiser.
In witness whereof, I have hereunto set my hand and seal this 25th day of November, A.D. 1916.
H. L. Terpening (SEAL)
H. L. Terpening
We the undersigned, hereby certify that H. L. Terpening signed, and sealed the foregoing instrument, consisting of three typewritten pages, on each page thereof, on the day it bears date, in our presence, and at the same time acknowledged the said instrument to be his last will and testament, and we, at his request, and in his presence, and in the presence of each other, have affixed our names hereunto as subscribing witnesses. And we further certify that at the time he signed, sealed and acknowledged said instrument as and for his last will and testament, as aforesaid, said H. L. Terpening was of sound and disposing mind and memory, and acting freely and voluntarily, and without duress or constraint.

Dated this 25th. day of November, A.D. 1916



U S Goodwine , Potomac, Ill.

W H Rice , Potomac, Ill.

J. B. Payne , Potomac, Ill.                    


Codicil to Will.

Codicil to the last Will and Testament of H. L. Terpening, of Potomac, Illinois, which bears the date the 25th. day of November, A. D. 1916.
Whereas, by my said Will I have appointed my Son-in-law Charles Weiser to be the executor thereof, and whereas now I wish to make him and my Son-in-law David S. Cossairt executors jointly, I now hereby appoint David S. Cossairt and Charles Weiser, jointly executors of my said last will and testament and I hereby declare that said will shall be construed and take effect as if the names of David S. Cossairt and Charles Weiser were inserted in said will throughout instead of Charles Weiser, and in all other respects I do confirm my said will.
In witness thereof, I have this day affixed my name and seal to this Codicil

Dated this 13th. day of Feb. A.D. 1919

H. L. Terpening (SEAL)


We the undersigned, hereby certify that H. L. Terpening signed, and sealed the foregoing instrument, consisting of one page, on the day it bears date, in our presence, and at the same time acknowledged the said instrument as a Codicil to his last will and testament, and we, at his request, and in his presence, and in the presence of each-other, have affixed our names hereunto as subscribing witnesses. And we further certify that at the time he signed, sealed and acknowledged said instrument as his Codicil, as aforesaid, said H. L. Terpening was of sound and disposing mind and memory, and acting freely and voluntarily, and without duress or constraint.

Dated this 13th. day of Feb. A.D. 1919



U S Goodwine , Potomac, Ill.

W H Rice , Potomac, Ill.

J. B. Payne , Potomac, Ill.

 

 

       

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This page was last updated Thursday July 08, 2004 12:12:10 PM -0500 CST                               

 Please report any problems to Webmaster  and  check back often for updates    Thanks

Disclaimer: This website nor any of its content is not  affiliated in any way with the County of Warren  Illinois  Warren  County does not have any legal claim to this site nor any persons or organizations involved with this site This site is also not associated with Warren County, IL,  hosted at Rootsweb for the USGenWeb project or other Warren County, IL, sites on the web  The web-pages at this site are always being worked on Please report any problems to Webmaster  Make all contacts to Foxie Hagerty for questions /comments about this site

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