In the Matter of the Estate of : In DeKalb County County Court.
Oley A. Johnson, deceased. In Probate. Box 832
July 21st, 1924. Will filed, and on July 29th, admitted to probate and ordered recorded.
I, Oley A. Johnson, Lee, Illinois, being of sound mind and memory, do hereby make and declare this to be my last Will and Testament, which is in the words and figures following:
1. It is my will that all my just debts, including funeral expenses, shall be first paid.
2. I give, bequeath and devise to my beloved wife, Tillie Johnson, the house and lot situated in Lee, DeKalb County, Illinois, and now occupied by us as our home, to be hers in fee simple.
3. I have an insurance policy for $5,000.00 in force and effect with the Central Life Insurance Company, of Illinois, payable to my said wife as beneficiary. I hereby confirm the payment of said policy to her, under the terms of said insurance policy; and in addition thereto, I give and bequeath to her the sum of Ten Thousand Dollars ($10,000.00), to be paid out of any assets which I may have, not otherwise appropriated, and charge the same against any real estate of which I may die seized.
I further give and bequeath to my beloved wife the sum of One Thousand Dollars ($1000.00), to be used by her if necessary while the estate is being settled.
All of the above and forgoing bequests to my said wife are given in lieu of the estate of dower in any and all real estate of which I may die seized, also in full and in lieu of a widow’s award.
4. I hereby nominate and appoint my sons, Irene Johnson, Stanley C. Johnson, and Truman O. Johnson, executors of this Will, with the directions that they carry out the provisions of the Will as herein stated, and they are requested not to charge any commission as compensation, but simply their actual costs and charges in the settlement of the estate.
5. All the rest, residue and remainder of my estate, be the same real, personal, or mixed, and wheresoever found or situated, I give, bequeath, and devise to my children living at my death, share and share alike.
Should any of my children depart this life prior to me, leaving issue, then, and in that event, it is my will, and I so direct, that the share that such deceased child would have taken under this Will if living shall then go to their children in equal parts, share and share alike.
Should any of my children depart this life prior to me, without leaving issue, then, and in that event, the share that such deceased child would have taken if living shall go to my surviving children, and descendants of a deceased child, if any, taking one part, share and share alike.
It is my wish, and I so direct, that my said Executors shall reduce to possession and to cash all of the assets of my estate within a reasonable time, and for the purpose of dividing the same as herein directed.
I herein express the hope that my sons, Stanley C. Johnson, and Truman C. Johnson, be permitted to purchase so much of the farms now occupied by them, and owned by me, as they can handle, and that any other of my children be permitted to purchase the remainder should they desire doing so.
It is my wish that my children surviving me, including the executors, shall agree together, if possible, in a reasonable price to be paid for the land comprising my said farms, especially where my children are to become purchasers; but should they be unable to do so, or for any other reason thought best, then the said Executors, or a majority of them, are hereby authorized, ordered, and directed to sell said real estate, either in whole or in part, at either public or private sale, and on such terms and conditions as shall seem to them best and on such terms and conditions as shall seem to them best for the purpose of making distribution herein, and to execute and deliver good and sufficient deed, or deeds, for the real estate to be so sold, and I hereby expressly authorize, order and direct said Executors, or a majority of them, to execute and deliver any deed, or deeds, to the proper person or persons in carrying out the terms, conditions, and intent of this Will, it being my intention that my said Executors shall be clothed with full power and authority to carry out the provisions of this Will without first obtaining an order or any direction of any court for so doing
My further request being that when the estate is ready for final settlement that a full and complete report be made of all of their proceedings to the probate court wherein that estate shall then be pending, for record, and that my said children, being the legatees and devisees herein, enter their appearance in the final settlement of said estate, consenting to the approval of the final report; but, if such consent can not be had, then the final notice of the final settlement of my estate shall be given to then, such as may decline to enter his or her appearance in such final settlement, as is usually given in due course of administration.
It is my desire, and I so direct, that my said Executors shall have the care and charge of any real-estate of which I may die seized, not specifically devised to my said wife, to be handled by them for the purpose of collecting rents, paying taxes, placing insurance on buildings; in other words, to fully and properly care for the same, accounting for the receipts and disbursements in their report as Executors, and that they will collect all debts and accounts due me, whether from so-called outsiders, or members of my family, including legatees and devisees, and that then said estate is in condition for final settlement that they make distribution as herein set forth. Such settlement should be made within two years, if possible, after my demise.
Given under my hand and seal, this 13th day of May, A. D., 1924.
Qley A. Johnson (SEAL)
Oley A. Johnson died on July 2nd.,1924.
August 24th, 1926. Final Report Filed and Estate declared settled.