Clement T. Guy 

 

                        Died January 9, 1923, Filed February 21, 1923, Settled November 9, 1925

 

LAST Will AND TESTAMENT

OF

CLEMENT T. GUY

            I, Clement T. Guy of the City of Moline, in the County of Rock Island and State of Illinois, being of sound mind and memory, but mindful of death, do hereby make, publish and declare this to be my last will and testament, hereby revoking any and all former and other wills and codicils by me at any time heretofore made.

            First:  I herby direct that all my just debts and my funeral expenses shall be paid so soon after my death as may be convenient and proper for my executrix hereinafter named to do so.

            Second: I also direct that so soon after my death as may be convenient and proper for my executrix so to do, there shall be erected by her, upon my family cemetery lot in Riverside cemetery, in the city of Moline, in the County of Rock Island and State of Illinois, a suitable monument, to be paid for next from the assets and proceeds of my estate, and I desire that the character and design of such monument shall be such as my said executrix may, in her judgment, consider to be fit and suitable, and I further direct that the cost of said monument, and of the erection of the same, shall not exceed the sum of One Thousand Dollars ($1,000).

            Third:  I hereby give, devise and bequeath to my beloved daughter, Hallie E. Guy, who has been my efficient housekeeper for many years, the sum of Four Thousand Dollars ($4,000), in cash, to be paid to her first and before anything shall be paid to given to any of my other beneficiaries heretofore named, to have and to hold the same unto her, the said Hallie E. Guy, her heirs, executors, administrators and assigns, for her and their sole use and benefit forever. 

            Fourth:  I also give to my said beloved daughter, Hallie E. Guy, the proceeds of the Two Thousand Dollar ($2,000) life insurance policy on my life, issued by Modern Woodman of America, which said policy is made payable to the said Hallie E. Guy, and which I understand she will receive independently of this will; but I make this express provision to that effect so that she will be certain to receive the proceeds of said policy.

            Fifth:  All of the rest, residue and remainder of my estate, real, personal and mixed, and of whatsoever kind and nature, and wheresoever situate, I give, devise and bequeath unto my said beloved daughter, Hallie E. Guy, and to her successor or successors in trust, with full power to hold, manage, use, control, mortgage, lease, sell, and dispose of, invest and reinvest the same, as fully and completely, and with the same effect, to all intents and purpose as I could or might if I were living, in trust, however, for the purposes herinafter sat forth, and I herby direct that she and her successor or successors in trust, shall hold manage, use, control, mortgage, lease, sell, and dispose of, invest and reinvest the same for such period of time, not to exceed five (5) years from the date of my death as she, or they, shall, in her, or their judgment consider to be for the best interests of my said estate and of the beneficiaries herein named; and that she , or they , shall, within the said five )5) years, sell and dispose of all of the same and shall turn over, pay out and distribute the proceeds thereof to the following persons, in the following order and manner, vis:

(A)     Such trustee shall first pay, from the said proceeds of the said rest, residue and remainder of my estate as aforesaid, to my beloved daughter Margaret A. Guy, who has been an efficient helper to her sister, Hallie E. Guy, who has been my housekeeper for many years, the sum of Two Thousand Dollars ($2,000), in cash, to be paid to her first and before anything further shall be paid or given to any of my other beneficiaries herinafter named, to have and to hold the same unto her, the said Margaret A. Guy, her heirs, executors, administrators and assigns, for her and their sole use and benefit forever.

(B)     All of the balance of the proceeds of the rest, residue and remainder of my estate as aforesaid, such trustee shall pay over, absolutely, share and share alike, as follows:

One part to herself, my said beloved daughter, Hallie E. Guy:

One part to my said beloved daughter, Margaret A. Guy;

One part to my beloved daughter, Gertrude Guy Stevens;

One part to my beloved daughter, Georgia Guy Porter;

One part to my beloved daughter, Dade Guy Watt; and

One part to my beloved grand-son, Herbert Guy Copp;

Except that there shall be deducted from the share of each of the said last named persons whatever sums of money I have heretofore loaned or advanced, or may hereafter loan or advance, to each of said persons respectively, and in addition theretofore, all unpaid interest on any such advancement or advancements, at the rate of six percent (6%) per annum, simple interest, from the date, or dates, of such advancements to the date, or dates, they respectively receive their share of my estate as herein provided; and, except further, that there shall also be deducted from the share of the said Herbert Guy Copp, the further sum of Four Hundred Dollars ($400), which is the approximate amount which has been received by him from the estate of his grandmother, my beloved wife, now deceased, together with interest on said last mentioned  sum at the rate of six per cent (6%) per annum, from the date he received the same until the time he receives his share of my estate, as herein provided.  

            Sixth:  In the event that any of my beneficiaries herein named do not survive me, that the amount which each of those who do not survive me would have received had they severally survived me, shall pass, and shall be paid to such of their lineal descendants to take per stirpes and not per capita; and in the event that any of my said beneficiaries herein do not survive me, leaving lineal descendants who are living at the time of my death, than the share of any such beneficiary or beneficiaries, as herein provided for, shall become a part of my residuary estate, as hereinabove mentioned, and pass and be paid out and distribute accordingly.

            Seventh:  I herby name, nominate and appoint, my beloved daughter, Hallie E. Guy, as the sole executrix of this my last will and testament, and as the sole trustee under the trusts herein created, to act as such executrix and also as such trustee without bond; and in the event of the death, disability or refusal of her to so act, either as such executrix or as such trustee, I hereby direct that some competent person, to be appointed by the proper court having jurisdiction shall act as such executor or executrix and trustee, such person to give such bond as may be required of him or her according to law: and I herby give and grant to my said executrix and trustee herein named, and to any executor or executrix and trustee of my estate, who may be appointed as herein provided, full power to hold manage, use, control, mortgage, lease, sell, and dispose of, all and any and every portion of my estate and property, as fully and completely , and with the same effect, to all intents and purposes as I could or might of I were living, and I hereby further direct that no purchaser, or purchasers , of any said property from such executrix, executor or trustee, shall be required to look to the application of the purchase money.

            Eighth:  In order to make it absolutely clear as to when the trusts herein established shall be terminated, I declare and repeat that such trust shall no last longer than, but shall terminate upon, the expiration of five (5) years from the date of my death.

            In witness whereof, I have hereunto set my hand and seal this ninth day of October, A. D. one thousand nine hundred and seventeen.

                                                Clement T. Guy   (Seal)

 

Inventory Dekalb County, State of Illinois

 

The Northwest Quarter (N.W. ) of the Northeast Quarter (N.E. ) and also the Northeast one (1) acre of the East half  (E.1/2) of the Northwest Quarter (N.W ) of Section Two (2), Township Thirty-seven (37) North, Range Three (3) East of the Third Principal Meridian, containing forty-one (41) acres, more or less; and also a part of the East half  (E.1/2) of the Southeast Quarter  (S.E.) of Section thirty-five (35), Township thirty-eight (38) North, Range Three (3), East of the Third Principal Meridian, Containing eight (8) acres, more or less, being in all approximately fifty (50) acres, and known as the George Shaw farm, situated in the County of DeKalb and State of Illinois.

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