John Hickey
Died December 30, 1918; Will filed January 11,1919, Estate declared settled May 3, 1920
Last Will and Testament of John Hickey
I, John Hickey, of the Township of Milam, County of DeKalb and State of Illinois, of the age of seventy-seven (77) years, being of sound mind and disposing memory, do hereby make, publish and declare this to be my Last will and Testament, hereby revoking all former Wills by me made.
First: It is my will and desire that all my just debts and funeral expenses be fully paid as soon after my decease as practicable.
Second: I give, devise and bequeath to my daughter Johanna Conlin, wife of Charles Conlin, the sum of Two Thousand Dollars ($2000) to be paid to her within one year after my decease, and I hereby make the payment ‘of the same a charge upon my real estate.
Third: I give, devise and bequeath to my daughter Ellen Conlin, wife of Richard Conlin, the sum of Two Thousand Dollars ($2000) to be paid to her within one year after my decease, and I hereby make the payment ‘of the same a charge upon my real estate.
Fourth: I give, devise and bequeath to my daughter Hanorah Dugan, Wife of John Dugan, the sum of Two Thousand Dollars ($2000) to be paid to her within one year after my decease, and I hereby make the payment ‘of the same a charge upon my real estate.
Fifth: I give, devise and bequeath to my daughter Emma Conlin, wife of Edwin Conlin, the sum of Two Thousand Dollars ($2000) to be paid to her within one year after my decease, and I hereby make the payment ‘of the same a charge upon my real estate.
Sixth: I give to my son Henry J. Hickey in trust for the use of the five (5) children of my deceased daughter Agnes Burns, formerly the wife of James Burns, the sum of Twenty –five Hundred Dollars ($2500), the same to be kept at interest and I direct that my said trustee, Henry J. Hickey, pay to each of the said five children of my deceased daughter Agnes Burns, the sum of Five Hundred ($500) when he or she shall have obtained the age of twenty-one (21) years, Together with his or hers proportion of the accumulation of said trust fund. And I make the payment of this trust fund a charge a charge upon my real estate.
Seventh: I give to St Mary’s Catholic Church of the City of DeKalb, Count of DeKalb and State of Illinois, the sum of Fifty ($50) upon the condition that my lot in the Catholic Cemetery in the Town of DeKalb shall be cared for and the grass thereon be cut as often as may be reasonably necessary.
Eighth: I give to the Catholic Church Extension Society with offices in Chicago, Illinois, the sum of One Hundred Dollars ($100) for the purpose of having masses said by the Catholic priests connected with said Society for me and my deceased relatives and the deceased members of my family.
Ninth: I give, devise and bequeath to my sons Henry J. Hickey and James B. Hickey, their heirs and assigns, my farm situated in Milan Township, described as the East one-half of the North West quarter and the North West quarter of the North West Quarter of Section Thirty-five (35), Township Thirty-nine (39) North, Range Three (3) East of the Third Principal Meridian, in DeKalb County, Illinois, subject to the payment of the legacies and bequests, which I have made in my First, Second, Third, Fourth , Fifth , Sixth, Seventh and Eighth paragraphs of this will. Meaning and intending that if there is mot sufficient funds of mine on hand at my death to satisfy my debts and funeral expenses and to pay the legacies and bequests herein contained that my said sons, Henry J. Hickey and James B. Hickey, shall pay the same, and that upon payment of such debts, funeral expenses, legacies and bequests that my real estate shall be released from the charge thereof and that the said Henry J. Hickey and James B. Hickey, their heirs and assigns, shall take my said farm herein before described share and share alike absolutely.
Tenth: It is my will and desire that if a division is made between my said sons Henry J. Hickey and James B. Hickey of the premises above de-vised to them that the said Henry J. Hickey shall have the privilege of taking as his portion of the above described premises that part of my said farm upon which the buildings are situated.
Eleventh: In making this, my Last Will and Testament, I have taken into consideration all advances which I have made to my children during my lifetime.
Twelfth: I nominate and appoint my said sons Henry J. Hickey and James B. Hickey Executors of this my Last Will and Testament and without bond. Witness my hand and seal this 13th day of March, A.D. 1912.
John Hickey
CODICIL
I, John Hickey, of the City of DeKalb, County of DeKalb and State of Illinois, being of sound mind and disposing memory, and having heretofore made my last Will and Testament in the 13th day of March, A.D., 1912 and desiring to make certain changes in said last will and testament do hereby make, publish, and declare the Codicil to my said will, that is to say: the Sixth paragraph of said Original Will I desire to strike out of said Will and substitute the following:-
Sixth: I give to my son Henry J. Hickey in trust for the use of the surviving children of my deceased daughter Agnes Burns, formerly the wife of James Burns, (John Burns, a son of Agnes Burns, having died since I made my Original Will) the sum of Two Thousand Dollars ($2000), the same to be invested and kept at interest for the use and benefit of my said grandchildren, and I direct that my said trustee shall pay to my said grandchildren, or the survivors of them, the said Two Thousand (20000) dollars and interest upon the same from the date of my death, share and share alike, as they shall obtain the age of twenty –one years, it being my intention to divide Two Thousand ($2000) Dollars among the children of my deceased daughter, Agnes Burns, share and share alike provided they reach the age of Twenty-one years.
And I hereby authorize, direct and empower my said Trustee to advance to my said grand child or grandchildren at any time after they reach the age of fourteen years any part of their share of said funds for the purpose of clothing, supporting, education or maintaining them as necessity may require; or, as in his discretion shall be deemed best, the same to be deducted from the respective share pr shares of said grandchild or grandchildren. And I hereby make the payment of this trust a charge upon my real estate.
I hereby ratify and confirm my said Will of March 13, 1912 except so far as changed by this Codicil; and I herby make, publish and declare said instrument dated March 13, 1912, together with this Codicil to be my last Will and Testament; I hereby declare that I desire said Will and this Codicil to be construed as though my said Will had been originally as amended and changed by this Codicil.
In Witness Whereof I have set my hand and seal this 19th day of January, A.D. 1916.
John Hickey
