Probate Packet #4072
Fulton County, Illinois
FHL film 1728330
I, Amelia E. Whitnah, of the City of Cuba in the county of Fulton and State of Illinois, being of sound mind and memory, do make, publish and declare this to be my last will and testament in the words following, that is to say:
First, I will that all my just debts, including physicians bills and funeral expenses, be paid with all possible speed.
Second, I will, bequeath and devise all my property owned by me at the date of my decease of every kind and nature, real, personal and mixed, including all moneys, notes and other evidences of indebtedness due and owing to me to my sister, Aggie E. Atkinson and to Amy Smith, wife of Ross Smith, of the aforesaid city of Cuba, to share and share alike.
Third, it is my will that the aforesaid Amy Smith be allowed to retain as a part of her share of my estate the real estate now occupied by me as a homestead being the following described property: Lot number Fifty-nine (59) in the City of Cuba, formerly called Middletown, in the county of Fulton and State of Illinois; provided said Amy Smith shall elect to so retain said real estate as a part of her share of my estate. Should the said Amy Smith and Aggie E. Atkinson be unable to agree upon the value of the aforesaid real estate, the matter shall be submitted to three citizens of Cuba, one to be chose by the said Amy Smith, one by said Aggie E. Atkinson and these two so chosen shall select a third, and these three so chosen shall fairly and impartially appraise the said real estate at a fair cash value, and the said real estate shall therefore become the property of said Amy Smith in fee simple, and the amount named by the aforesaid appraisers as a fair cash value of the said real estate shall be accredited to said Amy Smith as being a part of her share of my estate.
Fourth, I hereby appoint James M. Sherwood as the executor of this my last will and testament.
In witness whereof I have herunto set my hand and seal, this 26th day of April A.D. 1895
Amelia E. Whitnah
We, the undersigned, in the presence of each other and in the presence of the aforementioned testatrix, Amelia E. Whitnah, and at her request subscribe our names hereto as witnesses to the aforesaid instrument which the said Amelia E. Whitnah declared to be her last will and testament acknowledging in our presence the same to have been by her signed, sealed, published and declared her last will and testament.
Witness our hands this 26th day of April, A.D. 1895
Henry Shivey
Oscar H. Parks
Canton
On this, the 23rd day of May A.D. 1899, I Amelia E. Whitnah do make, publish and declare this as my codicil to the foregoing will, in the manner following, that is to say:
I will, bequeath and devise unto the said Amy Smith, wife of Ross Smith, of Cuba, Illinois all property, real, personal and mixed of every kind and character owned by and belonging to me at the time of my decease, to hold unto the said Amy Smith and to her heirs, forever, hereby revoking and setting aside any provisions of any will heretofore made by me in conflict with the codicil to my last will and testament.
I hereby appoint J.C. Thomas, of the City of Cuba, County of Fulton and state of Illinois, as the executor of my last will and testament hereby revoking any former appointment of Executor.
In witness whereof I have hereunto set my hand and seal this 23rd day of May A.D. 1899
Amelia E. Whitnah
And now on the date last above mentioned we the undersigned in the presence of each other and of the aforesaid testatrix and at her request hereunto affix our names as subscribing witnesses to the foregoing codicil which she, the said Amelia E. Whitnah declared to us on the above date to be a codicil to her last will and testament.
F.M. Mosher Jr.
Henry Shivy
Canto