John Tysdal

 

In the Matter of the Estate of                  :            In DeKalb County County Court.

John Tysdal, deceased.                                            In Probate.  Box No. 735

 

April 16th, 1917.  Will filed.

May 7th, 1917,  Will admitted to probate and ordered recorded.

 

WILL

In the Name of God, Amen

            I, John Tysdal, residing in the Town of Milan, in the County of DeKalb and State of Illinois, and being of sound and disposing mind and memory, do hereby make, ordain and establish this to be my last Will and Testament, hereby revoking all other wills by me at anytime heretofore executed.

            First: -  I hereby direct that my funeral expenses and all of my just debts shall be fully paid.

            Second:-  I gave and bequeath to my beloved wife, Anna Olene Tysdal, should she survive me, all of the personal property owned by me on the date of my demise except such notes as I may possess on the date of my demise given to me by my son, Otto Benjamin Tysdal, meaning and intending that my wife shall have all of the household goods, stock, machinery, grain, cash on hand and in bank and all money due me from any source except the amount due me as evidenced by notes of my said son, Otto Benjamin Tysdal, said personal property to be hers absolutely and the same is not to be liable for any of my debts and for the costs of administration my estate shall be provided for by my \executor herein as hereinafter set forth.

            I further give and bequeath to my said wife one-third of the proceeds received by my Executor hereinafter named for the Canada land now owned by me and which I hereinafter direct shall be sold.  Said one-third of said property to be hers absolutely less the amount that said one-third may be reduced toward the payment of my debts, if any, as hereinafter set forth.  I further give and bequeath to my said wife one-third of the proceeds received by my Executor for the sale of the land owned by me in Milan Township, DeKalb County, Illinois, more particularly described as the South half of the South East Quarter of Section Nineteen (19) containing eighty (80) acres of land, more or less.  Said one-third of said proceeds form my Milan Township farm my wife shall take absolutely.  I further give and bequeath to my said wife the use, rents, issues and profits form said eighty acres of land in Milan Township, DeKalb County, Illinois, until said land is sold as hereinafter provided, my said wife during the time that she receives such rents, issues, and profits to pay the taxes assessed each year thereon and further pay the premiums for insurance which I direct shall be carried on the buildings thereon and pay for keeping up the necessary repairs.  I further give and bequeath to my wife the same share in the proceeds of the notes now held by me against my son, Otto Benjamin Tysdal, as is give to my children to my children hereinafter named and I further give and bequeath to my said wife the use, rents, issues and profits form my Canada land is sold by my Executor as hereinafter provided.  My said wife to pay the taxes assessed against said land, the premiums for insurance, if any, and keep up the repairs on my said Canada land until the same is sold.  I further give and bequeath to my said wife, in the event of the death of any of my children hereinafter named without leaving issue them surviving, the same share of the estate of said deceased child as is given to my other children surviving.  The above provisions herein made for my said wife I hereby desire and direct she shall accept in full for her rights in my estate as my surviving widow including widow’s award, homestead and dower rights in my said estate.

            Third:-  I hereby direct that my Executor hereinafter named shall sell at such time as he shall elect or at such time as my said wife shall request in writing, but not later than the date of the majority of my youngest child, the land owned by me in Canada, to –wit:- the East half of Section Thirty –five (35), Township Thirteen (13), Range Twenty-five (25) Second Meridian, in the Rural Municipality of Baildon, in Saskatchewan, Canada, and the proceeds of the sale thereof he shall distribute as follows:  one-third of said balance to my wife, Anna Olene Tysdal, the other two-thirds My Executor hereinafter named shall distribute share and share alike to my following named children:- Otto Benjamin Tysdal, Helen Marie Tysdal, Alice Joanna Tysdal, Florence Elmira Tysdal and Stanford Joel Tysdal.

            Fourth:-  I further direct that my Executor hereinafter named shall sell at public or private sale, as he shall elect, on the day that my youngest child arrives at his majority, the farm owned by me in Milan Township, DeKalb County, Illinois, described as the South half of the South East Quarter of Section 19, provided, however that if my said wife shall request a sale of my Milan Township farm in writing prior to the date of the majority of my youngest child, then my Executor hereinafter named shall within six months from the receipt of said written request on the part of my said wife said Milan Township farm and the proceeds of the sale thereof my said Executor is directed to disperse as follows:  to my said wife, Anna Olene Tysdal, one-third of said proceeds; to my five children above named share and share alike the remaining two-thirds of said proceeds, deducting from the share due my said son, Otto Benjamin  Tysdal, the amount due me on certain notes that I now hold that were given me by my said son Otto Benjamin Tysdal, the interest on said notes to be computed at the rate of three percent per annum from the date of my demise and the aggregate amount due on said notes my said Executor shall distribute among my five children and my said wife, share and share alike.

            Fifth:-  I further direct hat in order to provide for the payment of my just debts, funeral expenses and costs incident to the administration of my estate that my Executor hereinafter named shall barrow and pledge as security a part or all of my said Milan Township farm and realize sufficient to discharge all of my said obligations, but my said Milan Township farm shall be encumbered if the Canada land herein provided to be sold is sold by my said Executor and the provision herein made for realizing on my Milan Township farm, as above directed, is made in the event Canada farm is not sold for some time following my demise, but my said Executor shall sell said Canada in time to avoid the sale of my Milan Township farm by foreclosure in order to discharge the amount borrowed by him on said Milan township farm. 

            Sixth:-  In the event my said wife predeceases me, then the share herein given to her I direct shall be divided, share and share alike, above my children above named.

            Seventh:-  In the event any of my said children depart this life without leaving issue them surviving and prior to the distribution and payment to them of the amounts herein provided, then the share herein bequeathed to said child shall be divided share and share alike among the survivors of my said children and my said wife, but should any of my children depart this life leaving issue them surviving, then I desire and direct that such issue shall take the parent’s portion.

            Eighth:-  I hereby give, devise, and bequeath a; of the rest, residue and remainder of my estate, real or personal wheresoever the same may be situated, of whatsoever kind or character, and whether owned by me now or acquired by me hereafter to my children above named, share and share alike, on the same terms and conditions as herein above set forth.

Ninth:- I hereby nominate and appoint my friend, Oscar T. D. Berg, Executor and Trustee of this my last Will and Testament and in the event of his failure or refusal to qualify as such, then I nominate as his successor my friend Silas T. Sanderson as Executor and Trustee, and respectfully request that they carry out the provisions of this instrument as the same are set forth.  And further direct that the share due any of my children above named shall not be paid to such minor child until such child shall arrive at his or her majority, at which time the amount due said child, together with the earnings on the share so held by my Trustee, shall be paid.  My said Executor and Trustee to invest the funds so held by him for my minor children as he shall elect and pay over the same to said child as above directed, unless in his judgment such child needs a part of the income on the funds so held by my said Trustee in which event my Executor or Trustee shall pay over for the benefit of such child needing said income the amount that my said Trustee shall elect to pay and for the purpose of carrying out said Trust my said friend, Oscar T.D. Berg is nominated as Trustee in addition to his nomination as Executor and I clothe my friend Silas T. Sanderson with the same authority herein given to my friend with the same authority herein given to my friend  Oscar T.D. Berg in the event he qualifies as my Executor and Trustee.  My said Executor to convey the lands so sold by him.

In Witness Whereof I have hereunto set my hand and seal this Tenth day of February A.D. 1917.

                                                            John Tysdal   (SEAL)

 

 

John Tysdal died on April 9th, 1917.

February 7th, 1928.   Final Report Filed and approved. Estate declared settled. 

 

Back