The Last Will and Testament of Henry Hawkins Owsley,
of Logan County, Illinois 16 February 1864
recorded in Logan County, Illinois Will Book 1, pages 195-203.
transcribed
by Ronny O. Bodine and published in the March 1998 OFHS Newsletter
I Henry Owsley of the Town of Lincoln County of
Logan and State of Illinois being of sound mind and disposing memory do make publish and declare this my last will & testament
hereby revoking all other and former wills made or published by me that is to say,
First,
I will the payment of all my just debts and funeral expenses.
Second, It is my will and desire
to make ample provisions for my beloved wife Mary and my two daughters Catharine F. Owsley and Elvira Davison: and to this
end I devise to my Son John E. Owsley his heirs and assigns the homestead and mansion house which I now own and occupy in
the Town of Lincoln with all its appurtenances: To have and to hold the same to him and his heirs and assigns upon the following
trusts to wit: In trust for the use and occupation of my said wife Mary during her natural life: and at her decease for the
use and occupation of my said two daughters Catharine and Elvira jointly as long as they may remain unmarried: or in case
of the death or marriage of either of them to the sole use and occupation of the other so long as she may remain unmarried:
and at the decease of my said wife and of my said two daughters or the decease of either of them the other being married to
sell the same and to divide the proceeds among my surviving daughters, it being my will also that in case any of the others
of my daughters should become widows or should become in such circumstances that they may desire to make their home with my
wife and my two daughters above mentioned while my wife or my said daughters or either of them shall continue to occupy said
Homestead under this will: that they have the privilege of so doing & it is still further provided that if after the decease
of my wife my said two daughters or either of them (the other being married) or the survivor of them shall not wish to occupy
said homestead any longer she or they may thereupon if she or they choose execute to the said trustee his heirs or assigns
a deed of Relinguishment of the estate so held in trust for her or them as aforesaid: whereupon the said trustee shall sell
the said Homestead and divide the proceeds equally among all my daughters and in _____ to such sale of said Homestead as may
be made under this clause of my will and the conveyance thereof I hereby intrust the said Trustee with full power and authority
to sell the same at private or public sale for cash or upon credit at his option.
Third:
I give and bequeath to my wife Mary as her absolute property all the Household and Kitchen furniture & every kind &
description belonging to me.
Fourth, I devise to my said son John E. Owsley Nine Thousand
Dollars ($9000.00) in value of the stock now owned by me in the institution known as the Springfield Marine and Fire Insurance
Company the number of shares making that amount to be determined by the current value if said stock at the time of said my
decease, in trust. However, to hold the same for the sole use benefit & enjoyment of my said wife Mary during her natural
life; paying over the interest to her semi annually as it accruse thereon for her support and maintenance the same to revert
to and be distributed equally among all my daughters (subject However to the provisions hereinafter contained) upon the decease
of my said wife.
Fifth, In case that at my Decease I shall not own stock in said institution
of the value of Nine Thousand Dollars by reason of having sold the same or any part thereof or by reason of depreciation in
its value or from any other cause it is my will that the said Trustee shall without delay sell the said stock for cash at
private of Public sale as he may deem most advantegous: and that my executors shall thereupon pay over to the said Trustee
such a sum of money as being added to the proceeds of said sale of said stock will make an amount equal to Ten Thousand Dollars
($10000.00): and that said Trustee shall thereupon reinvest the same in other stocks or securities yielding not less than
six percent per annum or loan it out on good security at not less than said rates: and shall pay over the interest accruing
on said investment semi annually to my said wife Mary for her sole use and benefit during her natural life the said sum of
money upon her decease to pay and revert in the same manner as specified in the fourth clause of the will.
Sixth,
I devise to my said son John E. Owsley, Five Thousand Dollars in value of the stock now or hereafter owned by me in the said
Springfield Marine & Fire Insurance Company the number of shares making that amount to be determined by the current value
of said stock at my decease in Trust However, To hold the same for the sole use benefit & enjoyment of my daughter Catharine
F. Owsley during her natural life, paying over the interest to her semiannually as it accrues for the support and maintenance:
and upon her decease the said stock to pass to & become the absolute property of her issue is any she have: but in case
she shall die without issue living then it is my will that the same shall revert to and be distributed among all my surviving
children equally (subject However to the condition hereinafter contained).
Seventh, In case
that at my decease, I shall not from any cause own stock in the above mentioned institution of the value of Five Thousand
Dollars after making the provision hereinbefore in the fourth clause of my will specified for the benefit of my wife it is
my will that my said daughter Catharine shall have her election whether she will take the residue of said stock (after deducting
the amount hereinbefore devised in trust for my wife) and such a sum of monies as added to the value of the same will make
an amount equal in value to Five Thousand Dollars or whether she will have said stock sold by the said Trustee and in addition
to the proceeds of such sale will take such a sum of money as added thereto will make an amount equal in value to Six Thousand
Dollars ($6000.00) (said election to be made within six months after my decease or in case of her failure to elect her said
Trustee to elect for her): and that upon such election pay over to the said Trustee such a sum of money as will make up the
amount of Five Thousand Dollars in case she should elect to retain the stock aforesaid: or as will make up the amount of six
Thousand Dollars in case she should elect to have said stock sold: and that the Trustee invest the money so paid over to him
by my said executors together with the proceeds issuing from the sale of said stock (in case the same shall be sold) in other
stocks or securities yielding not less than six per cent per annum or to loan it out on good security at not less than said
rates and pay over the interest accruing on said investment semi annually to my said daughter Catharine for her sole use and
benefit, the said sum of money at her decease to pass and revert in the same manner as is provided in the Sixth clause of
my will.
Eighth, It is provided that in reference to the sale or sales of any of said Stock
to be made under the foregoing provisions of my will that the said trustee shall have full power and authority to sell the
same at public or private sale as he may deem most advantageous and to pass the title thereto in a full and ample manner as
I myself could do if living, and further it is provided that in case at any time said Marine & Fire Insurance Company
should fail or become in such embarrassed condition as to create a strong probability of failure or the interest accruing
on the same should become reduced to such a rate as to satisfy the said Trustee that the proceed of the stock so held in trust
by him for my said wife and daughter could be invested to a better advantage in other safe and permanent stocks or securities
the said Trustee may sell the same with the like discretion as hereinbefore granted & reinvest the proceeds in such other
stocks and securities and trusts hereinbefore declared.
Ninth, I give and bequeath to my
said daughter Catharine F. Owsley One Thousand Dollars to be at her entire and absolute control and disposal.
Tenth,
It is my will that the several bequests & devises hereinbefore contained to my wife and my said daughter Catharine shall
be taken and continue to mean & be in lieu of Dower to my said wife and in lieu of any other provision herein to my said
daughter Catharine anything hereinafter contained to the contrary notwithstanding.
Eleventh,
I give and desire the lands which upon the division of my real estate among my children I set apart and convey to my son John
F. Owsley and which he has since or may have before my decease reconveyed to me to his eldest daughter Carrie Owsley her heirs
and assigns forever.
Twelfth, I will that the residue of my estate shall be converted into
money by my said Executors as soon as the same can conveniently be done and the proceeds thereof divided between my children
Harriet B. Jordan, Agnes J. Howell, Martha S. Cook, Amanda C. Wilson, Ann M. Sims, Elvira Davison and Ella W. Brainard (subject
to the conditions and provisions hereinafter contained) in the manner following to wit: I desire that my said daughters shall
all first be made equal with each other in respect of the advancement heretofore made by me to them respectively (and of which
I have made charges against them on my books reference to which shall be had in ascertaining the respective amounts): then
allowing to my said daughter Harriet B. Jordan out of the residue the sum of Fifteen Hundred Dollars $1500.00: and after that
is deducted dividing the remainder equally among my said daughters Harriett, Agnes, Martha, Amanda, Ann, Elvira & Ella.
Thirteenth,
I will that in the event of the death of any one of my children bearing a child or children living that such child or children
shall take, subject to the provisions of this will, the part of the deceased parent.
Fourteenth,
I further will that if any of my daughters should die without child or children living or descendants of a child: [following
deleted: or should die bearing a child or children living who shall die before arriving at the age of Twenty-one without a
child or children living] that then the estate hereby bequeathed to such shall in that event pass to and be distributed among
all of my surviving children (except my daughter Catharine) with the same rights to the children of such of them as may be
deceased as is provided in the 13th clause of this will.
Fifteenth, I further direct that
the portions which I have in this will bequeathed to my daughter (except the portion bequeathed to my said daughter Catharine
in the 9th clause of this will) shall be held in trust for them my said daughters for life respectively and at their death
shall pass and become the absolute property of their children respectively or if any of them shall die leaving no children
or descendants of children the portion of such shall descend to and become the property of her or their surviving brother
and sisters and the child or children of such as may then be deceased and to this end I direct that the said Trustee of my
wife and daughter Catharine upon the decease of my wife continue to hold the Trust Estate which she may take under this will
for the use and benefit of my said daughters as mentioned in the fourth and fifth clauses of my will during their natural
lives free and independent of their several husbands: paying over the profits and benefits as it accruse on the same of them
and further that he make the same disposition of the Estate which may revert to my said daughters in case of the death of
my said daughter Catharine without issue as provided in the sixth & seventh clause of my will and also of the distributive
shares of the procees of any sale or sales of the homestead which may be made under & by virtue of the second clause of
my will and also of the distributive shares accruing to my daughters under & by virtue of the Twenfth clause of my will:
it being my direction that when my executors shall have ascertained the amount respectively falling due to my said daughters
under and by virtue of said section Twelve, That she pay the said several amounts over to said Trustee for that purpose.
Sixteenth,
I further direct that the said Trustee may by Will or deed convey any or all of the Trusts hereby vested in him to any one
or more persons he shall select subject to all the provisions of this will and upon such appointments by Will or deed such
delegate or substitute Trustee or Trustees shall possess and be clothed with all the powers hereby conferred upon the Trustee
herein named over his or their respective Trust or Trusts.
Seventeenth, It is my will that
my Executrix shall have full power [deleted: and authority] to sell and assign or to collect or compound and to settle at
discretion any one or all of the debts due me and execute proper instruments acquittance releases and receipts in the premises
the said Executrix to be held responsible only for such sum or sums of money as she may actually receive, and should any controversy
arise touching the title to property: or in reference to any debt or any matter in which my estate may be interested my said
Executrix without going to law is authorized to compromise compound or settle it according to her discretion in as full and
ample manner as I if living could do in proper person & further it is my will that in reference to the sale or sales of
any of the property real or personal of which I may die seized necessary or proper to be made by my said Executrix in order
to carry out the provisions of this will that my said Executrix shall be vested with full power authority & discretion
and shall make such sale or sales either publis or private for cash or credit at her option, and she in reference to such
sale or sales and the conveyance of the said property is vested with all the rights and powers which I myself possess. The
powers hereby granted shall extend to property to which I may have the equitable title and as to such property if my executrix
shall deem it proper - it is my will & desire that the legal title be made to her and that she hold the same interest
to be sold as aforesaid.
Eighteenth, It is my will in the event of the death of my executrix
before my estate shall be fully settled that the person who may be appointed to administer upon my estate with this will annexed
shall have only the powers & authority conferred by law upon other Administration touching the sale of any of my estate
for any of the purposes or objects named in my will, or touching any other matter or thing, and that he be required to give
satisfactory bonds with good security for the faithful Administration of my Estate hereunder.
Lastly,
I hereby appoint and constitute my wife Mary Owsley sole Executrix of this my last will and testament, and I will and direct
that she shall not be _____ to give and security as security of this my will,
In witness
of all of which I have hereunto set my hand and seal at Lincoln this Sixteenth (16) day of February in the year of our Lord
One Thousand Eight Hundred & Sixty-four having first caused to stricken _____ herefrom all the words accruing after the
word "child" in the fourteenth clause of this will down to the word that in the seventh line of the fourteenth clause of this
will.
Henry
Owsley (SEAL)
The above instrument was on the Sixteenth day of February in the year of our Lord
One Thousand Eighteen Hundred and Sixty-four signed sealed published and declared by the said Henry Owsley as and for his
last will and testament in his presence and in the presence of each other have subscribed our names as witnessed hereto on
this 16th day of February AD 1864.
Joseph C. Webster residing at Lincoln
John
J. Jenkins residing at Lincoln
William McGalliard residing at Lincoln
State of Illinois
Logan County
I do solemley
swear that this writing contains the true last will and testament of the within named Henry Owsley deceased so fas as I know
or believe and that I will well and truly execute the same by paying first the debts and then the legacies mentioned therein
as far as his goods and chattels thereunto extend and the law charge me and that I will make a perfect Inventory of all such
goods and chattels rights & credits as may come to my hands or knowledge, belonging to the estate of the estate of the
said deceased and render a fair & just account of my Executrixship when thereunto required by Law to the best of my knowledge
& ability so help me God.
Subscribed & sworn to before Mary
Owsley me this 20th day of September
A.D. 1867, John J. Jenkins, Clerk.
[Hereinafter follows the bond posted by Mary Owsley in the sum of $80,000.00,
on 18 September 1867.]
Letters Testamentary
State of Illinois
Logan County
The People of the State of Illinois
To
all to Whom these Presents Shall come Greeting, Know ye that Whereas Henry Owsley late of the County of Logan and State of
Illinois died on or about the 11th day of September 1867 and having as it is said published his last will and testament a
copy whereof is hereunder annexed leaving at the time of his death property in this State that may be lost or destroyed or
deminished in value if speedy care by not taken of the same and in a manner as it appears that Mary Owsley has been appointed
Executrix in and by the said last will and Testament, to execute the same and to the end that the said property may be preserved
for those who appear to have a legal right or interest in them and that said will may be executed according to the request
of the said testator we do thereby authorize her the said Mary Owsley as such Executrix to collect and secure all and singular
the goods and chattels rights and credits which were of the said Henry Owsley at the time of his decease in whosesoever hands
or possession the same may be found in this State; and well and truly to perform all such duties as may be enjoined upon her
by the said Will so far as these shall be property and in general do and perform all other acts which are now or may hereafter
be required of her by law.
Witness John J. Jenkins, Clerk of the County Court in and for
the County of Logan at his office in Lincoln this 20th day of September A.D. 1867
John J. Jenkins, Clerk
