Lucy M. Shepardson
In the Matter of the Estate of: In DeKalb County County Court.
Lucy M. Shepardson, deceased. : In Probate. Box No. 723
Estate No.698
November 15th 1915. Will and Codicil filed.
February 7th, 1916, Will and Codicil probated and admitted to record.
WILL
I, Lucy M. Shepardson, of Paw Paw Township, DeKalb County, Illinois, do hereby make, publish and declare this to be my last Will and Testament, hereby revoking all former wills by me made.
Article I. I direct that all my just debts and funeral expenses be paid.
Article II.
Section I. I give, devise and bequeath in trust to my son John E. Shepardson, all of the real estate of which I die seized and possessed, located in Pleasant Grove Township, Floyd County, Iowa, for the following uses and purposes, and with the following directions, that is to say:
The possession, control, use and income from all of said property shall be given and turned over by said trustee to my son, Jared C. Shepardson, for and during the term of his natural life, and at his death such possession, control, use and income shall be turned over and delivered by said trustee to the wife of said Jared C. Shepardson, for and during the period of her natural life, but only so long as shall remain the widow of the said Jared C. Shepardson, and shall not remarry, and in case she shall remarry, said estate shall, ipso facto, cease and determine without declaration of forfeiture being necessary, or entry for condition broken.
At the termination of said tenancies and estates aforesaid, then my said trustee shall convey said property to the children of the said Jared C. Shepardson, share and share alike, or to the descendants of such children, per stirpes and not per capita, and in the case of failure of issue or survival of such children or descendants of such children, then such property shall be turned over and conveyed by said trustee in fee simple to my other sons, Charles J. Shepardson, Ralph S. Shepardson, John E. Shepardson, and Daniel J. Shepardson, share and share alike, or if any of them shall be deceased, to their children or descendants of such per stripes and not per capita.
Section 2. Upon written direction and request from my said son, Jared C. Shepardson, within ten years from the date of my decease, said trustee shall sell any part, portion, or all of said farm property in said Pleasant Grove Township, herein this article devised, and shall re-invest the proceeds under and by the written direction of said Jared C. Shepardson in other farm property within five hundred miles of Chicago, Illinois, and in the case of the sale of such Pleasant Grove Farm Property, the funds derived therefrom shall be held and retained by my said executor in a trust account in some responsible banking institution until the purchase of other property as above provided.
Section 3. In case of such sale of said Pleasant Grove Farm Property herein in this article devised, and the purchase of other property with the funds derived therefrom, the property so purchased and substituted for said Pleasant Grove Farm Property, shall be subject to the same conditions and is hereby given and devised in the same manner as the said Pleasant Grove Farm Property in this article devised, and all use and income arising from the funds derived from the sale of said Pleasant Grove Farm Property in the interim between such sale and the purchase of other property, shall be turned over and applied by said trustee in the same manner that he is directed to turn over and apply the use and income of said Pleasant Grove Farm Property.
Article III.
Section 1. I give, devise and bequeath in trust to my son John E. Shepardson, the East One Hundred Twenty acres of land of the Shepardson Homestead, as surveyed and platted by W.M. Hay, surveyor, and the permanent improvements thereon, said One Hundred Twenty acres being in Sections One and Twelve of Paw Paw Township, DeKalb County, Illinois, for the following uses and purposes, and with the following directions, that is to say:
The possession, control, use and income from all of said property shall be given and turned over by said trustee to my son, Charles J. Shepardson, for and during the term of his natural life, and at his death such possession, control, use and income shall be turned over and delivered by said trustee to the wife of said Charles J. Shepardson, for and during the period of her natural life, but only so long as shall remain the widow of the said Charles J. Shepardson, and shall not remarry, and in case she shall remarry, said estate shall, ipso facto, cease and determine without declaration of forfeiture being necessary, or entry for condition broken.
At the termination of said tenancies and estates aforesaid, then my said trustee shall convey said property to the children of the said Charles J. Shepardson, share and share alike, or to the descendants of such children, per stirpes and not per capita, and in the case of failure of issue or survival of such children or descendants of such children, then such property shall be turned over and conveyed by said trustee in fee simple to my other sons, Jared S. Shepardson, Ralph S. Shepardson, John E. Shepardson, and Daniel J. Shepardson, share and share alike, or if any of them shall be deceased, to their children or descendants of such per stripes and not per capita.
Section 2. Upon written direction and request from my said son, Charles J. Shepardson, within ten years from the date of my decease, said trustee shall sell any part, portion, or all of said East One Hundred Twenty acres, and the permanent improvements thereon, herein this article devised, and shall re-invest the proceeds under and by the written direction of said Charles J. Shepardson in other farm property within five hundred miles of Chicago, Illinois, and in the case of the sale of said property, the funds derived therefrom shall be held and retained by my said executor in a trust account in some responsible banking institution until the purchase of other property as above provided.
Section 3. In case of such sale of said One Hundred Twenty acres and the permanent improvements thereon, herein in this article devised, and the purchase of other property with the funds derived therefrom, the property so purchased and substituted for said One Hundred Twenty Acres, shall be subject to the same conditions and is hereby given and devised in the same manner as the said One Hundred Twenty acres in this article devised, and all use and income arising from the funds derived from the sale of said One Hundred Twenty acres in the interim between such sale and the purchase of other property, shall be turned over and applied by said trustee in the same manner that he is directed to turn over and apply the use and income of said One Hundred Twenty acres and the permanent improvements thereon.
Article IV.
Section I. I give, devise and bequeath in trust to my son John E. Shepardson, all my city property in Lake’s Addition to Aurora, Illinois, in Theodore Lake’s Second Addition to Aurora, Illinois, and in Jefferson Shult’s Addition to Aurora, Illinois all situated in Aurora, Kane County, for the following uses and purposes, and with the following directions, that is to say:
Subject to certain provisions herein in this article contained, the passion, control, use and income from all of said property shall be given and turned over by said trustee to my son, Ralph S. Shepardson, for and during the term of his natural life, and at his death such possession, control, use and income shall be turned over and delivered by said trustee to the wife of said Ralph S. Shepardson, for and during the period of her natural life, but only so long as shall remain the widow of the said Ralph S. Shepardson, and shall not remarry, and in case she shall remarry, said estate shall, ipso facto, cease and determine without declaration of forfeiture being necessary, or entry for condition broken.
At the termination of said tenancies and estates aforesaid, then my said trustee shall convey said property to the children of the said Ralph S. Shepardson, share and share alike, or to the descendants of such children, per stirpes and not per capita, and in the case of failure of issue or survival of such children or descendants of such children, then such property shall be turned over and conveyed by said trustee in fee simple to my other sons, Jared S. Shepardson, Charles J. Shepardson, John E. Shepardson, and Daniel J. Shepardson, share and share alike, or if any of them shall be deceased, to their children or descendants of such per stripes and not per capita.
Section 2. Upon written direction and request from my said son, Ralph S. Shepardson, within ten years from the date of my decease, said trustee shall sell any part, portion, or all of said city property in Aurora, Illinois, herein this article devised, and shall re-invest the proceeds to the extant of Twenty Thousand ($20,000.00) Dollars under and by the written direction of said Ralph S. Shepardson in farm property within five hundred miles of Chicago, Illinois, and in the case of the sale of said city property, the funds derived therefrom to the extant of Twenty Thousand ($20,000.00) Dollars shall be held and retained by my said Trustee in a trust account in some responsible banking institution until the purchase of other property as above provided.
Section 3. All monies in excess of Twenty Thousand ($20,000.00) Dollars derived from the sale of the property in this article devised, is hereby given and bequeathed to Ralph S. Shepardson, and shall be paid over to him immediately upon receipt thereof, and in the event that there shall be real property remaining unsold after the sum of Twenty Thousand ($20,000.00) Dollars has been realized from sale as directed in this article, then and in that event, the said real estate so remaining is hereby devised in fee simple to Ralph S. Shepardson, and the trustee herein named shall convey the same to the said Ralph S. Shepardson, in fee simple at any time upon written request and demand so to do.
Section 4. In the event that within ten (10) years from my death, the said city property in this article devised, shall not have been disposed of and the proceeds invested as above specified, I then direct that the trustee thereof shall, as soon as he conveniently and advantageously can do so, sell the said property to the extent of Twenty Thousand ($20,000.00) Dollars, and invest that sum in farm property as above directed, making disposition of any monies or real estate in excess of Twenty Thousand ($20,000.00) Dollars, as in this article above directed.
Section 5. Upon the sale of said city property herein in this article devised, and the purchase of other property with the funds derived therefrom, the property so purchased and substituted for said city property, shall be subject to the same conditions and is hereby given and devised in the same manner as the said city property in this article devised, and all use and income arising from the funds derived from the sale of said city property in the interim between such sale and the purchase of other property, shall be turned over and applied by said trustee in the same manner that he is directed to turn over and apply the use and income of said city property.
Article V.
Section 1. To my son, John E. Shepardson, of Johnson City, Tennessee, I give, devise and bequeath all farm property in Sugar Grove Township, Kane County, Illinois, in fee simple, subject to and conditioned upon payment by said John E. Shepardson, within twenty years from my decease, of the sum of Two Thousand Four Hundred Seventy ($2,470.00) dollars to my son Ralph S. Shepardson, with interest at Five percent (5%) per annum, payable annually from said date of my decease, the payment of which sum, with interest as aforesaid, being hereby made a charge against said real estate
Section 2. In the event of the death of my son, John E. Shepardson, before my death, Then I give, devise and bequeath all of said farm property in Sugar Grove Township, Kane county, Illinois, to the children, share and share alike, that may be born to my said son, John E. Shepardson, or to the descendants of such children per stirpes and not per capita, and failing such issue or survival of such children or descendants of such children, then my said farm property in Sugar Grove Township is hereby given to my other sons, Jared S. Shepardson, Charles J. Shepardson, Ralph S. Shepardson, and Daniel J. Shepardson, share and share alike, or if any of them shall be deceased, to their children or descendants of such per stripes and not per capita, and in any contingencies whatever, the devise in this section 2. made, are subject to and conditioned upon the payment of Two Thousand Four Hundred Seventy ($2,470.00) dollars to my son Ralph S. Shepardson, within twenty years from the date of my decease, with interest at Five percent (5%) per annum, payable annually aforesaid, which payment is made a charge against said real estate, and in the event of the death of John E. Shepardson before my death, such devises in this section contained are subject also to the estate therein which is hereby given and devised to the widow of the said John E. Shepardson for and during the period of her natural life, but only so long as she shall remain the widow of the said John E. Shepardson, and shall not remarry, and incase she shall remarry, said estate shall, ipso facto, cease and determine without any declaration of forfeiture being necessary, or entry for condition broken.
In the event of the failure of the said John E. Shepardson, or any of the devisees in this article to accept in writing, within ninety days from the probation of this will, the said devise subject to said conditions, then I hereby give, devise and bequeath all of the real estate in Section Five (5) of Sugar Grove Township, Kane county, Illinois, in fee simple to my son Ralph S. Shepardson, to b his and his heirs forever, which devise shall be in full satisfaction and liquidation of the said charge of Two Thousand Four Hundred Seventy ($2470.00) Dollars against said real estate and the personal obligation of the said John E. Shepardson therefor.
Article VI.
Section 1. I give, devise and bequeath in trust to my son John E. Shepardson, the balance of my farm property in Sections One, Two, and Twelve of Paw Paw Township, DeKalb County, Illinois, not otherwise disposed of in Article Three, for the following uses and purposes, and with the following directions, that is to say:
The possession, control, use and income from all of said property shall be given and turned over by said trustee to my son, Daniel J. Shepardson, for and during the term of his natural life, and at his death such possession, control, use and income shall be turned over and delivered by said trustee to the wife of said Daniel J. Shepardson, for and during the period of her natural life, but only so long as shall remain the widow of the said Daniel J. Shepardson, and shall not remarry, and in case she shall remarry, said estate shall, ipso facto, cease and determine without declaration of forfeiture being necessary, or entry for condition broken, subject , however to certain conditions and charges against such real estate hereinafter in this article set forth.
At the termination of said tenancies and estates aforesaid, then my said trustee shall convey said property to the children of the said Daniel J. Shepardson, share and share alike, or to the descendants of such children, per stirpes and not per capita, and in the case of failure of issue or survival of such children or descendants of such children, then such property shall be turned over and conveyed by said trustee in fee simple to my other sons, Jared S. Shepardson, Ralph S. Shepardson, John E. Shepardson, and Charles J. Shepardson, share and share alike, or if any of them shall be deceased, to their children or descendants of such per stripes and not per capita, subject , however to certain conditions and charges against such real estate hereinafter in this article set forth.
Section 2. The above devises in this article set forth are subject to and conditioned upon the payment of Nine Hundred Fifty ($950.00) Dollars to my son, Ralph S. Shepardson, within fifteen years from the date of my death, with interest at Five percent (5%) per annum until paid.
Section 3. In the event of the failure of my son, Daniel J. Shepardson, or if the devises in this article named, to make payment of the interest no said charge, or the principal sum, when the same shall become due, it shall be the duty of the trustee, upon request from my son Ralph S. Shepardson or his personal representatives, to enter upon the above described real estate, and rent the same or so much thereof as shall be necessary, and to apply the income derived therefrom, to the liquidation of the interest and principal of the above obligation, after the discharge of which he shall yield up the possession thereof to such person or persons as are entitled thereto.
Article VII.
Section 1. I give, devise and bequeath in trust to my son John E. Shepardson, my farm property and real estate in Section Eleven (11) of Paw Paw Township, DeKalb County, Illinois, for the following uses and purposes, and with the following directions, that is to say:
The possession, control, use and income from all of said property shall be given and turned over by said trustee to my son, Daniel J. Shepardson, for and during the term of his natural life, and at his death such possession, control, use and income shall be turned over and delivered by said trustee to the wife of said Daniel J. Shepardson, for and during the period of her natural life, but only so long as shall remain the widow of the said Charles J. Shepardson, and shall not remarry, and in case she shall remarry, said estate shall, ipso facto, cease and determine without declaration of forfeiture being necessary, or entry for condition broken, subject however to certain conditions and charges against said real estate hereinafter in this article set forth.
At the termination of said tenancies and estates aforesaid, then my said trustee shall convey said property to the children of the said Daniel J. Shepardson, share and share alike, or to the descendants of such children, per stirpes and not per capita, and in the case of failure of issue or survival of such children or descendants of such children, then such property shall be turned over and conveyed by said trustee in fee simple to my other sons, Jared S. Shepardson, Ralph S. Shepardson, John E. Shepardson, and Charles J. Shepardson, share and share alike, or if any of them shall be deceased, to their children or descendants of such per stripes and not per capita, subject , however to certain conditions and charges against such real estate hereinafter in this article set forth.
Section 2. The above devises in this article set forth, are subject to and conditioned upon the payment to my estate of three-fourths of the indebtedness of Daniel J. Shepardson, aggregating several thousand dollars, to me which is represented by his notes, such payment of such indebtedness to be made to and equally divided between my sons, Jared S. Shepardson, Ralph S. Shepardson, John E. Shepardson, and Charles J. Shepardson, and the said payment is hereby made a charge upon and against all the real estate in this article devised.
If within fifteen years from the date of my demise, my son. Daniel J. Shepardson, shall have paid to my executor, three-fourths of his indebtedness to my estate, then all of his indebtedness to my estate shall be considered fully paid, cancelled and surrendered.
Section 3. In the event of the failure of my son, Daniel J. Shepardson, or of the devisees in this article named, to make payment of interest on said sums referred to in Section Two (2), then the aforesaid real estate in Section Eleven (11) shall be rented by my executor and such rentals shall be divided equally between my sons Jared S. Shepardson, Ralph S. Shepardson, John E. Shepardson, and Charles J. Shepardson.
Section 4. In the event that my son, Daniel J. Shepardson, or any of the devises in this article named, fail within fifteen years from the date of my demise, to make payment to my executor of three-fourths of his indebtedness to my estate as aforesaid, then I will and direct that the aforesaid real estate is said Section Eleven (11) shall go to and it is hereby devised to my sons Jared S. Shepardson, Ralph S. Shepardson, John E. Shepardson, and Charles J. Shepardson in fee simple, or in the event of the death of any of them, then to their children or descendants of such children, per stirpes and not per capita.
Section 5. If any of my sons, Jared S. Shepardson, Ralph S. Shepardson, John E. Shepardson, or Charles J. Shepardson are deceased before the indebtedness of my son Daniel J. Shepardson has been fully paid, then the children of such deceased son or the descendants of such children, sharing per stirpes and not per capita shall receive the father’s portion were he alive, or failing issue or survival of such children or descendants of such children, then the portion that would have gone to the deceased son shall be divided, share and share alike among my surviving sons.
Article VIII.
Section 1. I request that all trees planted upon the Shepardson Homestead in Paw Paw Township shall be protected from injury by man or beast, and shall be removed only when they fall into natural decay.
Article IX.
Section 1. I have executed contracts, in force during the remainder of my life, whereby my sons assume control of and manage the property which will revert to them at my demise. By the terms of these several contracts, my sons pay to me an annual income as follows: Jared C. Shepardson, Two Hundred ($200.00) Dollars; Charles J. Shepardson, Three Hundred ($300.00) Dollars; Ralph S. Shepardson, Four Hundred Twelve ($412.00) dollars; John E. Shepardson, Five Hundred Sixty Three ($563.00) Dollars; and Daniel J. Shepardson, Five Hundred Twenty-five ($525.00) Dollars. I direct that after the dispositions in the preceding articles have been made, all property remaining, real and personal, shall be and it is hereby given, devised and bequeathed, share and share alike, to the following sons: Jared S. Shepardson, Ralph S. Shepardson, John E. Shepardson, and Daniel J. Shepardson, provided each shall have met his financial obligations to me as above; and if not, then they shall share the said property, deducting form the share of each the unpaid balance due on his contract, the other sons receiving, share and share alike, the unpaid balance forfeited by each son.
Section 2. If any of my sons, Jared S. Shepardson, Ralph S. Shepardson, John E. Shepardson, and Daniel J. Shepardson, are deceased, the children of each son, (or if any of such children be deceased, the descendants of such children per stirpes and not per capita), shall receive, share and share alike, the father’s share were he alive, and in the case of the failure of issue or survival of such children or descendants of such children, then such residuary property shall go to the surviving sons in this residuary clause named as beneficiaries, share and share alike, or if they be deceased to their descendants, per stirpes and not per capita.
Section 3. Because of the amount expended in farm buildings and improvements for my son, Charles J. Shepardson, on the place where he resides, he shall not share in any division made in this article.
Article X.
Section 1. I direct that my son John E. Shepardson, act as executor of this my last will and testament, and I further request that no bonds be required of him in the discharge of his trust.
Section 2. I hereby vest the said John E. Shepardson with full power and authority to execute any and all deeds and releases of property in any and all cases wherein by the terms of this will a sale is authorized and to lease and rent any of said real estate in any case wherein by the terms of this will such steps are necessary and proper. I further direct that he shall receive any and all deeds in his own name as trustee in any and all cases wherein by the terms of this will an exchange or sale is made for the purpose of purchasing of other property in substitution. In the event that my son, John E. Shepardson, shall be the grantee and shall take title to real estate in trust as above specified, he shall immediately file in the recorder’s office in the county in which said lands lie, a declaration of trust specifying that he holds title as trustee under and by virtue of the terms of this will, and he or his successor in trust shall, upon the happening of the event upon which the beneficiaries hereunder become immediately entitled to the real estate in fee simple of said lands to said beneficiaries.
Section 3. In the event of the death of my son John E. Shepardson, or his refusal or incapacity to act, or the failure or disqualification of any person acting as trustee under this will, before the trusts and powers reposed in him have been fully executed, I direct that the Judge of the Probate Court of DeKalb, or the Judge of the Court having jurisdiction of the settlement of my estate shall appoint a successor in trust with like duties and powers.
In Witness Whereof, I have hereunto and at the foot of each of the eight (8) preceding sheets Hereof, set my hand and seal this 17th day of July, A.D., 1909.
Lucy M. Shepardson (SEAL)
CODICIL
I, Lucy M. Shepardson of Paw Paw Township, DeKalb County, Illinois do hereby revoke all of Article IV (Four) of my last will and testament bearing the date of July 17, 1909, said article referring to the disposition of city property belonging to me in Aurora, Kane County, Illinois and do hereby make publish and declare this codicil to be my final disposition of said Aurora city property, to wit:-
I give, devise, and bequeath all real estate belonging to me in the city of Aurora, Illinois to my son Ralph S. Shepardson of Aurora, Illinois, in fee simple.
All other parts of the aforesaid last will and testament as they affected the said Article IV (Four) shall in like manner apply to this codicil.
In witness whereof, I set my hand and seal this 24th day of August, 1911.
Lucy M. Shepardson (SEAL)
Lucy M. Shepardson died on November 10th, 1915.
John E. Shepardson not a resident of DeKalb County – Ralph S. Shepardson appointed Administrator
April 23rd, 1917, Final Report Filed and approved.
