In the Matter of the Estate of Simeon E. Hyde, Deceased.
In DeKalb County County Court. In Probate. Box No. 170.
Mar. 25th, 1895. Petition of George Hyde for Probate of Will and Codicil and for Letters Testamentary filed, representing that Simeon E. Hyde, late of the County of DeKalb and State of Illinois, departed this life at Paw Paw in said County, on or about the 12th day of March, A. D. 1895, testate, and seized and possessed of real estate consisting chiefly of two farms and timber lot of about 556 acres in Paw Paw aforesaid, and of personal estate being estimated to be worth about Sixteen Thousand Five Hundred Dollars.
Petition further represents that said deceased left surviving him Marion L. Hyde, his widow, and George Hyde and Jennie M. Harper, his children, as heirs, and legatees and devisees under his Will.
Petitioner prays that Letters Testamentary may be granted to him.
Subscribed and sworn to before the County Clerk of DeKalb County, Illinois.
Mar. 25th, 1895. Will filed, which is as follows:-
I, Simeon E. Hyde, of the Town of Paw Paw, County of DeKalb and State of Illinois, being of sound mind and memory, do hereby make, publish and declare this my last Will and Testament, in manner following, that is to say:
1st. It is my will that all my just debts and funeral expenses be fully paid.
2nd. I give and bequeath unto my wife, Marion L. Hyde, all my household goods and furniture and family library and pictures, and organ and all notes, accounts and other indebtedness to me, and all bank stock, owned by me at the time of my decease; and also one third of all farm stock consisting of horses, cattle, sheep, swine, and fowls, which I may own at the time of my decease; and I also give and bequeath her the sum of Six Thousand Dollars to be paid her by my son, George Hyde, with interest at six per cent from the date of my death, for the payment of which I create and make a charge and lien on my home farm hereinafter devised to him; and I also give and devise unto my said wife, for her use during her natural life the parlor, bed room, and bath room, below or on first floor of our dwelling house on said home farm, with use in common of the hall below, and access to the house, front and rear and use of two bed rooms in second story to be selected by her, with access thereto and use of cellar as she wants and also cistern and well and so much garden as she wished to use; and the right to have kept and cared for, for her by my said son, at and on said home premises, one horse and one or two cows as she wishes and I hereby give and bequeath her our family carriage which shall also be so kept and cared for; the above bequests and devises to my said wife are to be in lieu of any award to be estimated by the appraisers of my personal estate, and in lieu of her estate of homestead and her dower in real estate, to be so accepted and received by her.
3rd. I give and bequeath to my son, George Hyde, all the farming tools and farm wagons owned by me at the time of my decease, and one third of all farm stocks aforesaid owned by me at my decease and I give and devise unto him my home farm in the Town of Paw Paw aforesaid, consisting of about 357 acres, subject to the charge and lien thereon for the payment by him of the said bequest of Six Thousand Dollars and interest thereon to my said wife, and also subject to her use of portions of the premises as above devised to her, and his keeping and caring for horse, cows and carriage for her as above provided; and I also give and devise to him the undivided half of my timber land on Section Fifteen in the Town of Paw Paw, consisting of about thirty-nine acres.
4th. I give and bequeath to my daughter, Jennie M. Harper, the other one third of my farm stock aforesaid, which I may own at the time of my decease; and I give and devise to her my farm on Section Six in the Town of Paw Paw, with the appurtances, consisting of about 178 acres, and my timber lot in the town of Wyoming, in Lee County, Ill., being part of Paw Paw Grove, and consisting of about two and a half acres, which lands I value at $8110.00 and inasmuch as I am contemplating to exchange and may exchange said lands with one James Harper for a farm of 240 acres on Sections 14 and 23 in said Town of Paw Paw and pay him boot money on such exchange, now if I shall make such exchange in my lifetime or exchange for any other lands and pay boot money, I hereby give and devise to my said daughter, the lands which I shall receive by such exchange subject to a charge and lien thereon for the payment by her to my said wife of the sum of money which I may pay on such exchange with interest thereon at six per cent from the date of my decease, to make up to my said wife for the diminution of the personal estate above bequeathed to her and in case I shall sell and dispose of the said lands first above devised to my daughter in my lifetime, otherwise than exchange, then I give and bequeath to my daughter all the proceeds of such sale in moneys and securities so far as the same is on hand and can be traced and identified and in addition thereto a sum of money sufficient with the moneys on securities so traced and identified to make up the said sum of $8110.00. I have already advanced to my said daughter in lands and personal property before making this Will to the extent to about $8600.00 and I now also further give and devise to her the other undivided half of the said timber lot on Section 15 in the Town of Paw Paw containing about 39 acres.
5th. All the rest and residue of my estate real and personal I give. bequeath and devise unto my said son, George Hyde and daughter, Jennie m. Harper. share and share alike.
6th. I hereby appoint my said son, George Hyde, sole executor of this my last will and testament, hereby revoking all former wills by me made, and I hereby direct that my said son shall not required to give bond as such executor.
Witness my hand and seal this 30th day of July, 1889.
Simeon E. Hyde. (Seal)
The annexed and foregoing instrument, consisting of four preceeding pages, was on the day of the date thereof, signed, sealed, published and declared, by the said Simeon E. Hyde, as and afro his last Will and Testament, in the presence of us, who, at his request and in his presence, and in the presence of each other have subscribed our names as witnesses thereto.
Luther Lowell Sycamore, Ill.
George W. Dunton Sycamore, Ill.
Charles A. Boies Sycamore, Ill.