Aug. 12th, 1907. Petition of Robert F. Hampton and Samuel M. Henderson for Probate of Will and Codicil thereto filed, representing that Robert Hampton died on or about August 3rd, 1907 at Paw Paw, Lee County, Illinois.
Set for hearing on September 2nd, 1907.
Sept. 2nd, 1907. Order of Court entered ordering and adjudging that the said Will and Codicil thereto be deemed and taken as duly proven and authenticated and the same is hereby admitted to probate as the last will and testament and codicil thereto of Robert Hampton, deceased, and that the said will and codicil thereto be entered of record.
In the Name of God, Amen.
I, Robert Hampton, of the township of Paw Paw, DeKalb County , Illinois, being the age of 67 years and of sound mind and memory, do make, publish and declare this instrument as and for my last will and testament.
First:- I direct that all my just debts, including funeral and expenses of administration be fully paid.
Second:- I give and bequeath to my beloved wife, Lydia Hampton, in lieu of dower, the rents issues and profits of all my estate, real and personal, together with the control and possession of the same, for and during her natural life, subject however, to the following express conditions, viz:- that she shall comfortably and suitably maintain and support my daughter Marietta Hampton, so long as she shall remain unmarried, such support and maintenance to cease also, upon the death of my said wife.
Third:- I give and bequeath to my beloved daughter, Marietta Hampton, the sum of one thousand dollars, the same to be paid to her upon the death of my said wife, and I hereby make the payment of said legacy a charge upon my real estate.
Fourth:- I give and bequeath to all my beloved children all the rest, residue and remainder of my personal property to be divided equally in value among them, share and share alike, subject however, to the use, control and possession by my dearly beloved wife, Lydia Hampton as is given and bequeathed to her by this, my last will and testament, and subject also, to the payment of the legacy of one thousand dollars to my said daughter Marietta Hampton above herein mentioned.
Fifth:- I grant and devise all my real estate to all my beloved children, the same to be divided among them equally, share and share alike, subject however, to the use, control and possession by my dearly beloved wife, Lydia Hampton as is given to her by this instrument and also subject to the payment of the legacy of one thousand dollars to my daughter Marietta, herein above mentioned.
Sixth:- I hereby nominate and appoint my wife Lydia Hampton and my son Robert F. Hampton my executor and executrix to carry into effect the provisions hereof.
In witness whereof I have hereunto set my hand and seal this fifth day of March, A. D. 1889.
Robert Hampton (Seal).
I, Robert Hampton, of the Township of Paw Paw, DeKalb County, Illinois, do hereby make, publish and declare the following as and for a codicil to my last will and testament, said will bearing date March 5th, 1889.
First:- I desire that my beloved wife Lydia Hampton shall have the same benefits from my property as in my said will provided but on account of her advanced years and consequent infirm health, I wish to relieve her from the care and burden of the management of my estate and therefore substitute in her place and stead as executor my son-in-law Samuel M. Henderson and provide that my two executors Samuel M. Henderson and Robert F. Hampton shall act as trustees for my said wife and shall as such trustees take charge of and control the property by my said will given my wife, managing the same for her use and benefit so long as she shall live, subject to the provision in said will contained in favor of my daughter Marietta Hampton provided, also that my wife shall take absolutely and as her own property and subject to her disposition as she shall see fit without the control of such trustees all my household furniture and furnishings, including beds, bedding, table ware and furnishings, and shall accept the provisions made for her in said will and this codicil not only in lieu of her rights as in said will mentioned but also in lieu of her right to a widow's award.
Second:- I hold at this date several obligations by way of promissory notes against my son Joseph P. Hampton that would on a computation of interest due thereon exceed the sum of Seventeen Hundred Dollars but on my death and the distribution of my property among my children under my will, I direct that he shall be released from any and all obligations that I now hold against him and any and all interest that may accrue on said obligations from this date to the time of my death on accounting to my estate for the sum of Seventeen Hundred Dollars;
Third:- My son William S. Hampton is indebted to me at this date in the sum of about One Hundred Seventy Five Dollars and I direct that he shall account to my estate at the time of its distribution in the sum of One Hundred Seventy Five Dollars that his indebtedness to me at this date and any interest accruing on the same until the time of my death shall be thereby discharged.
Fourth:- I hold evidences of indebtedness against other of my children at this time and may at the time of my death hold notes or other evidences of indebtedness against any of my children and I make no provision here as to such indebtedness that I may hold at the time of my death, excepting that any and all indebtedness of any of my children to me at the time of my death, other than those hereinbefore expressly provided for, will be accounted for and adjusted in the distribution of my estate.
Fifth:- It is my will that my daughter Marietta Hampton accept the provisions made for her in lieu of any claim for services that she may have against me at the time of my death and in lieu of any claim that might have against my estate for an award in the nature of a widow's award should she survive my wife and acquired a right to such an award under the statute.
Lastly,- I direct that my said executors and trustees Robert F. Hampton and Samuel M. Henderson be not required to give bond either as such executors or as such trustees.
In Witness Whereof, I have hereunto set my hand and seal this 12th day of February, A. D. 1901, hereby confirming in all respects my said will except as it is herein and hereby modified, altered and changed.
Robert Hampton (Seal)
Sept. 2nd., 1907. Proof of Heirship filed and testimony heard in open court from which it appears that Robert Hampton, deceased, was married but once, and then to Lydia Zemmer, who died Jan. 29th, 1905 and that William S. Hampton, Joseph P. Hampton, Robert F. Hampton, Riley J. Hampton, Marietta Hampton, Lydia A. Dalton and Harriet D. Henderson are the only heirs of the said Robert Hampton, deceased.