Will of Hannah R. Green
Last Will and Testament of Hannah Rebecca Green
I, Hannah Rebecca Green, of Ottawa, La Salle County, Illinois, do make the following as my last will and testament.
I first direct that all my debts and funeral expenses shall be paid.
I hereby appoint my son, J. Kent Green of Chicago, executor and trustee of and under this my last will and testament, and waive the requirement of bonds from him or by him in the discharge of any duties imposed or recommended in this instrument.
Said J. Kent Green shall have power to appoint by deed or last will and testament a successor in trust that shall exercise the like powers as are herein granted to him.
I devise unto my said executor and trustee in fee simple all the lands, tenements, hereditaments and real estate and appurtenances thereto that may be owned by me or in which I may be in anywise interested at my death, in trust for the following uses and purposes.
Said trustee shall collect the rents, issues and profits of said real estate during the whole of the period that he shall hold the legal title thereof and pay the net proceeds thereof, as soon as collected, to my husband, Jesse Green during his life. Provided said trustee may, in his discretion, use two-thirds or less of the net proceeds of said rents, issues and profits to pay off the amount of a note for six hundred dollars ($600) and interest which I have heretofore executed to Mary Jane Rhoads (if the same is not otherwise paid), it being my intention and desire that my husband shall be as well provided for during his life as possible and that said note be paid off as soon as practicable if desired by the legal holder thereof. After the death of my husband said executor and trustee shall use the net proceeds of said rents, issues and profits for the payment of all incumbrances, with accrued interest, on said property, and after said property is free of all incumbrances said executor and trustee shall pay said net proceeds to my sons, Thomas Henry Green, Joseph Green, James A. Green, Frank Green and J. Kent Green and my grandchildren Ethel May Williams and Frank Roger Williams, and the issue of such of them as shall be dead leaving issue living at the death of the survivor of my husband and myself, and their respective heirs and assigns, in equal share as between my said sons, my said grandchildren together or the one of them surviving at the death of the survivor of my husband and myself to take a share of said proceeds equal to that to be paid to each of my said sons, or both of said grandchildren shall die before either my husband or myself without leaving issue, the remaining sons or sons and grandchildren shall be paid said rents, issues and profits in the relative proportion heretofore indicated it being my intention that my children (other than step children) shall be equally provided for and that said grandchildren shall take the share or proceeds that would have gone to my daughter Cora G. Williams had she lived. If any of said sons shall die before my husband or myself leaving issue, the issue of such son so dying shall be paid the share or proceeds that their or its parent would have taken if living.
The above provisions in favor of my husband shall be in lieu of any claims or right of dower.
All my personal property, after the payment of my debts, I give and bequeath unto my husband Jesse Green.
If said executor and trustee shall make a just and true statement of my personal estate and debts to the Probate Court, and it is ascertained that my personal estate is insufficient to pay the just claims against my estate, said executor and trustee shall have full authority and power to mortgage all or any part of or interest in said real estate to borrow sufficient money to pay said debts, which mortgage shall be sufficient in all respects to mortgage and convey all the right, title and interest which I may have in said real estate at my death. Provided said executor and trustee may, in his discretion, proceed by petition filed in the Probate Court, obtain leave to sell said real estate to pay debts according to the statute in such cases provided.
After the death of my husband, provided two years shall have elapsed from the granting of Letters Testamentary to said executor and trustee or sooner if he shall see fit, the latter shall on demand made by any of my said sons or grand-children or the survivors of them or the issue of such as shall be dead leaving issue living execute a good and sufficient deed or deeds conveying to them respectively undivided interests in said property, in the relative proportions that said rents, issues and profits are above directed to be paid to them. Provided if any of my debts shall remain unpaid or any incumbrance shall exist on said property or any part thereof or interest therein, said executor and trustee may require, as a condition precedent to such conveyance, each of said proposed grantees to pay to him, for the purpose of reducing said debts and incumbrance a sum of money that shall be a true proportion to the whole debt and incumbrance with interest to accrue at the next interest day thereafter as the interest of such grantee is to the interest of all said proposed grantees. Provided further that said executor and trustee shall not be required to convey to any minor as aforesaid but may in his discretion hold the legal title of the interest of said minors and pay rents issues and profits to them as aforesaid until they shall respectively reach their majority but said executor and trustee shall convey to said proposed grantees within twenty-one years after my death.
But while said executor and trustee shall hold the title to said property he shall have full power to convey all the right, title and interest in all property that he may hold in trust for said minor if a majority of my said sons then living shall join in said conveyance to convey their respective interests therein at the same time for the same purpose. The proceeds of any such conveyance by said executor and trustee shall be immediately divided between said minors or their guardians for their use in proportion to the interests which they had in said real estate. Said executor and trustee shall have power to prosecute or defend all suits that may be brought involving said premises and shall have power to build, alter, repair or insure buildings on the same, make leases and pay all taxes, assessments or other charges thereon out of said rents, issues and profits and shall have all powers that shall be necessary to carry out or put into effect the other powers herein granted.
It is my desire that said executor and trustee shall advise with my other sons with reference to the management of said estate and his duties under this Will.
This will is written on two sheets of paper attached together, comprising six pages thereof (including the following page), is without any interlineation or erasure whatever and, with the exception of the date of signature of myself and witnesses, is all in the same hand-writing.
In witness whereof I have hereunto set my hand and seal in Ottawa, La Salle County, Illinois, this third day of May in the year of Our Lord One Thousand Eight Hundred and Ninety Four.
Hannah R. Green ((Seal))
Signed, sealed and delivered by the above named testatrix, Hannah Rebecca Green, to be her last will and testament, in our presence, who, at her request, and in her presence, and in the presence of each other, have hereunto signed our names as witnesses.
J. R. Shaver
A E. Beach
State of Illinois) In the Probate Court of said County,
La Salle County )SS July Term, A. D. 1894
Personally appeared in open Court J. R. Shaver and A. E. Beach subscribing witnesses to the annexed instrument of writing purporting to be the last Will and Testament of Hannah R. Green, late of said County, deceased, who, being duly sworn according to law, do depose and say, each for himself, that they were present and saw the said Hannah R. Green sign said Will in their presence, that they subscribed said Will in the presence of and at the request of the said Hannah R. Green and that they believe that the said testator was of sound mind and memory, of lawful age and under no constraint when she signed said Will.
J. R. Shaver
A. E. Beach
Subscribed and sworn to in open Court this 27th day of July A. D. 1894.
S. P. Hall
Judge of the Probate Court
Filed July 27, 1894.