Wills / Probates

WILLS:
CHURCH, Thomas
DAVIS, Bristow
FOX, Elisha
OMMEN, Omme Jacob

PROBATES:
ETHEL, James W.
ETHEL, Willis J.

CHURCH, Thomas from Dierdre Duewel (If you want original copy, contact Dierdre)

THOMAS CHURCH
Last Will & Testament
FILED: Aug 15, 1833
Admitted to probates on the 15th day of Augt 1833
B______ same day in Book A of Wills page 185, 186, 187 & 188
[State of Illinois, Morgan County, Court of Probate]

Be it remembered that on this eighth day of August eighteen hundred and thirty
three that I Thomas Church of Morgan County Illinois being of sound mind and perfect
memory but weak in body do publish this as my last will and testament as follows. It is
my wish and desire that the house and lot in which I now live in Jacksonville on Morgan
Street first lot west of the ________ church be reserved intact until all the children
become of age by my wife Jane and under her direction and when the youngest arrives at
full age then I desire the above property sold and divided equally between my wife Jane
and my children William - Levi - Milton - Thomas M. - Elisa Graves - James - Martha
- Harriet - Samuel Sandford - Mary Jane - Benjamin Franklin - John Harvey - Susan -
all share and share alike and also I desire that the land lying on the south front(?) of the
town on each side of the road leading to Carrollton on two half quarters lying next the
town of Jacksonville as now laid out on the south the ___ of the lots not being
recollieted? be reserved and kept unsold until my youngest child becomes of age under
the direction of my wife Jane - and the profits expended for my wife's benefit and minor
children - and after my youngest child becomes of age that the said farm or land be sold
and the proceeds of the sale be divided equally between my wife Jane and children James
- Martha - Harriet - Samuel S. Mary Jane - Benjamin F. John H. and Susan. Share and
share alike. I desire that the lots lying on the Carrollton road south of the town of
Jacksonville also the lot lying on State Street in Jacksonville that each lot on the second
block from the Square on the south side of the street also one lot immediately south of
Methodist Church - also one lot adjoining Caulkins on the west - and Vance(?) on the
east - in the first block from the north west corner of the square both in Jacksonville -
also eighty-acres of land lying north east from the Square in Jacksonville adjoining
Robert Metcalf's farm on the north - and Zachariah(?) Gibbons on the east ________?
Ten miles from town - also all my horses and cows but one horse and two cows all the
above property I desire may be sold and out of the proceeds my debts be first paid - then
I give and bequeath of my children William - Levi - Thomas M. - Elisa Graves - one
hundred dollars each - to be paid after the debts are discharged and I give and bequeath
all the remainder to my wife Jane to be used in maintenance of my minor children - also I
desire that all my personal property except what may be reserved(?) - be sold
immediately after my decease and I give and bequeath all that remains after my debts are
paid to my wife Jane to be used by her in her and the minor childrens maintenance - as to
the household furniture I desire that the same may be kept as now - with the house for the use
of my wife Jane and minor children until the youngest becomes of age - and then
sold and disposed of as the house and lot as above and when the youngest child becomes
of age I desire that all my property then remaining on hand be sold and ascertained and I
give and bequeath to my wife Jane and children James - Martha - Harriet - Samuel S. -
Mary Jane - Benjamin F. - John H. and Susan to be divided equally among them share
and share alike - and if any or either of the above mentioned legatees die then the same
belonging the deceased shall be divided equally among the surviving children - that is of
the first four now of age - if any should die the living among them take equally of the
deceased part - and of the wife and eight minor children if any shall die the surviving
shall take equally of their share or shares. I hereby appoint John T. Jones and Peter
Hedinburgh of Jacksonville executors of this my last will and testament - of my notes
and accounts - I desire that the same may be immediately collected and the proceeds be
first applied to the payment of my debts - the balance I give and bequeath to my wife
Jane to be used by her for her own maintenance and that of the children now minors and
when the youngest becomes of age if there should be any remaining I give and bequeath
the same to my wife Jane and now minor children, equal shares, and if any or either of
said minor children or wife should die - the surviving take the same equally among them
- and further I desire that fifty-five acres of timber land lying in Morgan County about
one mile and half from the Square in Jacksonville __________ with North East Corner of
the sixteenth section be kept unsold and under the direction of my wife Jane until the
youngest child shall become of age - the proceeds if any to be used by her for her
maintenance and that of the now minor children - and when the youngest shall become of
age then the same be sold - and I give and bequeath the sum realized to my wife Jane and
now minor children - to be divided equally among them share and share alike - and if
either die the share or shares to be divided equally among the living - "William - Levi -
Thomas M. - Elisa Graves"
____________ Robert Metcalf" equal shares interlined before signing.
"Thomas Church"
[witnesses?]
James M. Eads
James A. (H?) Graves
Thomas M. Carson
___________________________________
State of Illinois )
Morgan County )
Court of Probate )

Be it remembered that on the fifteenth day of August A.D. eighteen hundred and thirty
there personally appeared before this court James M. Eads & Thomas M. Carson
___________ of this subscribing witnesses to the foregoing last will & testament whose
signatures appears thereto & after being duly affirmed depose & say that they were
present at the time of executing the foregoing last will & testament and that they believed
the within named testator Thomas Church at the time of executing the same was of sound
mind & memory and that by his request they subscribed their names thereto as witnesses.
[signed] C.A. Willson(?) Judge of Probate
______________________________-
State of Illinois )
Morgan County )
Court of Probate )

We do solemnly affirm that this writing contains the true last will and testament of the
within named Thomas Church deceased so far as we know or believe & that we will well
& truly execute the same by paying first the debts & then the legacies mentioned therein
as far as his goods & chattels will thereto extend and the laws charges us and that we will
make a true & perfect inventory of all such goods & chattels rights _______ ______
comes to our hands or knowledge belonging to the estate of said deceased & render a fair
& just account of our executorship when thereunto required by law to the best of our
knowledge and abilities so help us God.
[signed] Peter Hedinburgh



DAVIS, Bristow

Contributed by Bill Landers. Contact him for additional information.

Bristow Davis made his will in Morgan Co. on 3 Feb 1834 and died 15 May 1836. Because these dates were near 25 Dec 1833 when my Mary DAVIS m Geo. Wash. CROOKS, it occurred to me that Bristow may have been sufficiently ill in Dec 1833 to send Job DAVIS to vouch for Mary’s age and thus permit the marriage. So, I ordered the Probate file with hope that Mary would be mentioned. But alas, Bristow failed to mention most of his children by name.Will list the names found in the record in case someone on the list will benefit.The will of 1834 specifically left everything to Polly. The children were not to share unless it pleased Polly and if it pleased, they were to share alike. He requested his property not be sold ‘unless my beloved Polly may think fit to make it her will.’

Present: James D MORISON and David DAVIS.

A Codicil in 1835 directed Polly to ‘pay grandchild, Susanna SMITH, daughter of Elizabeth SMITH and Drew SMITH, five dollars when Susanna reaches 18.’

Witnessed by J..D. MORISON and David DAVIS.

Polly DAVIS, wife, was appointed administrix. Attest Aaron WILSON,

witnesses Berriman BEACHY and Davis BUNCH

The total estate amounted to $2200.87 of which $1570 was the value of 157 acres, appraised at $10 per acre. The appraisal of live stock, tools and house hold items was made 27th day of Jun 1836 and amounted to $630.87 1/2. But unlike other probates I have transcribed, there was no sale. This may have been because Polly was to inherit everything? Knowing this, the appraisers may not have felt accuracy was important. They seemed to be well acquainted with the going rate for tools and live stock, even the present crop of wheat at $37.50. I was amused to see the entry of 16 head of geese at $8, followed by ‘part of a sack of coffee’, also $8. It may be have been near the end of the day when they made this entry: “House hold and kitchen furniture too tedious to mention...$55.12 1/2.

The appraisers were:

Casper SHIBE

William H. GREGORY

William A LANGSTON

Aaron WILSON, Probate Judge, Sworn before Davis BUNCH, J.P.

The probate was neatly wrapped up the 3rd day of March, 1837. bill



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ETHEL, James W. - Contributed by Bert Paredes

(Note: born 1785, probably Warren County, KY, died 6 Aug 1839, Morgan County, IL)

Court of Probate Justice of the Peace - Morgan County, Illinois

In the Matter of the Administration of the Goods, Chattels and creditsof James Ethel late of said county deceased.

To Matthew Stacy esq. probate Justice of the Peace of Morgan County:

The Petition of John H Barton & Aaron Dickerson Respectfully Showeth,

That the widdow of said deceased has relinquished her right to Letters of Administration on the Estate of said deceased to petitioners which relinquishment is herewith filed.

That said deceased departed this life, at the County afforesaid on the 6 day of this month August 1839 without leaving any last Will and Testament to the knowledge, information, or belief of petitioners that said deceased died possessed of certain personal property in the State of Illinois, the value whereof does not exceed the sum of about 8 hundred dollars, as your petitioners has been informed and believes; that said deceased has left him surviving a widdow to wit Rebecca Ethel and five children - to wit John W Ethel, Elizabeth Ethel, Parmelia, James and Zurilda and also one grand child to wit Willis J Ethel - who are the only next of kin: that said deceased was at & immediately previous to his death an inhabitant of the County of Morgan, by means whereof, as your petitioners has been informed and believes, the ordering and granting administration of all and singular the goods, chattels, and credits, whereof said deceased died possesed, in said State; and also, the auditing, allowing, and final discharging the accounts thereof, doth belong unto the Court of Probate Justice of the Peace of said County. Your Petitioners therefore prays, that you will appoint them administrators of all and singular the goods, chattels, and credits, which were of said James Ethel deceased.

And your petitioners will ever pray.

John H Banton

A Dickerson



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James W. ETHEL, Additional Data:

Marriage record - Warren County, KY (from Genweb site) James Ethel and Rebecca Stice, 25 Feb 1812, his consent by father, Benjamin Ethel, her consent by mother Caty Long. both Witt. by James Ethel and Martin Elmore

Living in Morgan County, Illinois at death of father, Benjamin Ethel, in Oct 1828

Patentees, first owner of land at $1.25 per acre: James Ethel, T15N-R 12 N Section 17, (Location of Ethel Cemetery, Scott County, IL). Bought 26 Dec 1827

CENSUS 1830 Morgan Co., Ill., pg 119

Ethol, James

m 10-15 : 2
m 15-20 : 1
m 30-40 : 1
f under 5 : 2
f 5-10: 1
f 30-40: 1

Military: fought in War of 1812 and Blackhawk War 1832.
War of 1812: Ethel, James, Private 14th Reg’t (Mitchisson’s) Kentucky Militia

He served under Andrew Jackson at New Orleans as a member of the Kentucky detached militia.



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ETHEL, Willis J. - Contributed by Bert Paredes (Note: born 6 Aug 1815 in MO and died 25 Oct 1838 in Morgan County, IL)

Morgan County Probate Case 257
State of Illinois Morgan County
Court of Probate Justice of the Peace

In the matter of the Administration of the Estate of Willis J Ethel deceased. To Matthew Stacy Probate Justice of the Peace of said County, the Petition of John T. Taylor

Respectfully Showeth
That Luietisha Ethel the widow of said deceased has relinquished here her right of Administration Which relinquishment is herewith filed upon said estate to your petitioner. That said Willis J. Ethel departed this life at the County aforsaid on the 25th day of the October 1838 without having made any last will and testiment to the knowledge, information , and belief of petitioner; that said deceased died possessed of certain personal property in this state the value whereof does not exceed the sum of about 3 hundred dollars as your petitioner has been informed and believes that said deceased has left him surviving a widow to wit Luietisha Ethel, who is the only next of kin of said deceased except his father James Ethel, & his mother Rebecca Ethel and 2 brothers & 3 sisters to wit John M. Ethel, & James H Ethel, Elizabeth, Permelia Jane, Zerelda Ethel, that this said deceased was at the time and for several years previous to his death an inhabitant of the county of Morgan by reason whereof as your petitioner is informed and believes the ordering and allowing of letters of administration belongs unto the court of Probate Justice of the Peace of said County your petitioner would therefore pray that you grant to him letters of administration upon the estate of said deceased and willever pray.

John T Taylor

State of Illinois
Morgan County

I John T Taylor do solemnly swear that I heard the within petition read to which I have subscribed my name and that I know the contents thereof to be true accept as to those matters stated therein to be on information and belief and as to those matters I believe them to be true.

John T. Taylor

Sworn and subscribed
to before me the 29 Oct 1838

Mat Stacy
Probate Justice of the Peace

(Note: this John T. Taylor is either the uncle or grandfather of the widow, Lutitia Taylor ETHEL)



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Willis J. ETHEL, Additional Data:

Illinois Land Sales (on-line):

7/18/1836 Willis J Ethell - 80 acres at $1.25 Federal Sale, in Morgan County, sec 12, township 15N, meridian 3, and 40 acres at $1.25 Federal Sale, in Morgan County, sec 12, Township 15N, meridian 3.
7/23/1836 Willis J Ethel - 40 acres at $1.25 Federal sale, in Morgan County, sec 5, township 15N, Meridian 3.

Married Lutitia Bratten TAYLOR on 11 Jan 1838, Morgan County, IL, performed by James W. ETHEL (Note: We have a copy of this marriage license from the Morgan COunty Clerk)

(***Final Note: My wife's g-grandfather, the son of Willis J. ETHEL, also named Willis J. ETHEL, was born 22 Jan 1839, after his father's death, and is thus not listed in his father's probate, but is listed in that of his grandfather, James W. ETHEL, who died when the younger Willis was 7 months old.)



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FOX, Elisha - Contributed by Susan Krueger The Last Will and Testament of Elisha Fox Deceased.

I Elisha Fox of the City of Jacksonville, Morgan County, State of Illinois, being of sound mind and memory do make this my Last Will and Testament, and do declare and publish this as my Last Will and Testament, hereby revoking all fomer wills made by me. I.

I direct that my funeral expenses and all my just debts be fully paid. II.

Having in the past given to my seven children herein after named money, personal property and real estate of the total value set opposite each of their respective names to each of which I hereby direct that such sum is to be charged as an advancement.

To Flavias C Fox, Four thousand four hundred and fifty dollars; to Samuel L Fox, Twelve thousand five hundred dollars; to my deceased daughter Mary L runkle Five hundred dollars; to my daughter Emily J K Hart Three thougsand five hundred dollars; to my son Thomas U Fox Three thousand five hundred dollars; to my daughter Nellie May Sperry Twelve hundread and five dollars; to my son Eulalia E Fox, Three thousand five hundred dollars.

I direct and it is my will that each of said children and their heirs and legal representatives be charged with said sums set opposite their respective names as so much of an advancement to each of them. And I drect and will that the portion of Mary L Runkle, deceased, who would have taken a childs part under this will be divided amoung her three children, Elisha Runkle, Marion Runkle, and Lewallen Runkle, share and share alike, reminder to survivor. It bring my intention to divide my whole estate among my seven children equally share and share alike, and that after charging to each the sum heretofore given then and set down herein as an advancement if there is enough to make them equal to the sum received by Samuel L Fox as an advancement if there is enough property or estate for that purpose, share and share alike. III.

I direct and will and hereby appoint Thomas U Fox and Samuel L Fox, the executors of this my last will and testament, and hereby authorize them to sell at public or private sale any property personal or real estate that it may become necessary to sell to carry into effet this Will and settle my estate.

I hereby authorize my exectuors to convey by deed all such lands so sold to the respective purchasers for the purposes aforesaid.

Witness whereof I have herunto set my hand and seal this ninght day of January AD 1895. Elisha Fox (seal)

The foregoing will was signed by Elisha Fox, aforesaid in our presence and attested by us in his presence. Frank H. Thomas Frank J Irvinmonger

Whereas I Elisha Fox of the County of Morgan in the State of Illinois did make my last Will and testament in writing bearing date of the 9th Ninth day of January 1895 and did thereby provide in that Samuel L Fox my son should be charged the sum of twelve thousand and five hundred dollars $12000 as advancements to him, now instead of said provision I hereby direct that the said Samuel L only be charged with the sum of three thousand and five hundred dollars. I also direct that Flavis C Fox, my son be appointed and directed to act as my executor with Thomas U Fox instead of Samuel L Fox. I also and hereby declare this to be a codicil to my last Will and Testament.

In Witness whereof I have hereunto set my hand seal this September 21st 1895. Elisha Fox (seal)

The foregoing codicil to the this last Will and testament was signed by Elisha Fox in our presence and attested in his presence. Benjamin R Upham Geo W Smith



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OMMEN, Omme Jacob - from the Cemetery Book - Tholen Cemetery

Jacksonville Journal of Friday, Jan. 3, 1896
Filed For Probate
The last will and testament of Omme Jacob Ommen, deceased, has been filed for probate with County Clerk Frank J. Heinl. The instrument, which is dated Nov. 21, 1888, is witnessed by John H. and Milton Brockhouse and provides that all the proceeds of the property, both real and personal, of O. J. Ommen, shall be devoted to the maintenance of his two youngest children, Charlie R. and Carrie Ommen, until they shall become of age, at which time the whole estate is to be divided equally among the nine children. John F., William and Jacob Ommen are named as executors.






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