George S. Hyde
In the Matter of the Estate of: In DeKalb County County Court.
George S. Hyde, deceased. In Probate, Estate No. 7414
April 10, 1953 Will filed. On April 21st, 1953, will proved and admitted to record in open court.
I, George S. Hyde, of the City of DeKalb, County of DeKalb, and State of Illinois, being of sound and disposing mind and memory do hereby make, publish and declare this to be my Last Will and Testament in the manner following, that is to say:
First: I direct that all my just debts and funeral expenses be fully paid.
Second: I give, devise and bequeath all the rest, residue, and remainder of my property of whatever kind or nature and wherever situated, whether owned by me now or acquired by me hereafter, to my Trustees hereinafter named, in trust, nevertheless, for the following uses and purposes, and with the power and authority hereinafter given them; and in using the term “Trustees” in this my Last Will and Testament, I mean my Executors hereinafter named as Testamentary Trustees hereunder, or the survivor of them and the successor or successors of them or either of them appointed, as hereinafter provided, as such Executors and Testamentary Trustees, viz:
(1) To rent my real estate upon such terms and conditions as my Trustees shall determine for the best interests of my estate, giving preference, whenever possible, to my children; provided, however, that in the event any of my real estate is leased to either of said Trustees, such lease shall be made only on the approval of the Court having jurisdiction of the administration of the trust hereby created; to pay all taxes accruing upon my estate; to keep all buildings fully insured; to make all needful repairs and improvements and to do all manner of things which to my Trustees shall seem advisable in connection with the management and conservation of my estate and the accumulation of the income there from as fully and to the same extent as I could do if living, subject only to such restrictions as are herein expressed.
(2) To purchase livestock and other necessities which will be required in the event my real estate shall be operated by said Trustees upon a livestock share lease, and to pay therefore either from the income or corpus of my estate and to borrow such sum or sums of money as shall be required in order to make such purchases as may be required properly stock and operate my farms.
(3) I further authorize my Trustees to sell any of my personal estate or any personal property accumulated by them in the management of said Trust hereinabove at their discretion whenever it seems advantageous to said Trust so to do, and I direct that the purchaser at any such sale shall not be required to see to the application of the proceed s thereof.
(4) To mortgage my real estate or any part thereof or any livestock or other personal property acquired by my Trustees subsequent to my death whenever the proceeds of such loan shall be required for the purpose of carrying out the provisions of this my Last will and Testament. Or for the purpose of readjusting or renewing the encumbrances which are now a lien against my real estate, and I direct that no person, firm, or corporation advancing funds upon any such encumbrances executed by my said Trustees shall be required to see to the application of such funds.
(5) I direct that my Trustees shall pay from the income for the trust property or from the corpus thereof, in the event the income shall not be adequate, the sum of Two Thousand Five Hundred and No/100 Dollars ($2500.00) per annum to my wife, S. May Hyde, if she shall survive me and so long as she shall remain my widow, unless my said wife shall by agreement with my said Trustees waive and relinquish such payment, which payment are to be made pursuant to the provisions of an antenuptial agreement executed between myself and said wife on the 14th day of February , 1924. (6) To divide the annual income for the operation of the Trust not required to be currently used in carrying out the terms of this Trust and discharging the obligations incurred by said Trustees into five (5) equal parts and to distribute annually one of said equal parts to each of my following named children, viz: Walter B. Hyde, Henry F. Hyde, Helen M. Barker, Bess Whitcomb, and Lois B. Hyde, the surviving spouse and descendants of any deceased child to take the share of such deceased child in equal portions.
I authorize and empower my said Trustee to retain as investment, for so long as they may deem for, any stocks, bonds, or other securities belonging to me at my death. (7) As soon as conveniently may be after the death of my wife and my sister, Ruth Groves, and the survivor of them; or after the death of my sister, Ruth Groves, in the event that my said wife shall waive and relinquish all payments to her by virtue of said antenuptial agreement dated the 14th day of February, 1924, I direct my said Trustees to sell all of my said real estate at private or public sale at their discretion for the best price obtainable. Before any such real estate shall be sold, I direct my said Trustees shall petition the Circuit Court of DeKalb County to appoint three (3) competent, disinterested appraisers who shall appraise all of the real estate belonging to my estate. No such sale or sales of said real estate shall be made without the approval of the Court of competent jurisdiction of DeKalb county then having jurisdiction of said Trust and without notice to the persons who shall participate in the distribution of the proceeds of such sale or sales, which notice of intended sale or sales shall be given in such manner as directed by said Court having jurisdiction of said trust.
(a) I direct that my Trustees shall give first preference in the purchase of said real estate to my children and their respective spouses and descendants; and I direct that either of my Trustees hereinafter named shall have the right to purchase any of said real estate upon first securing from my children then surviving their written consent to such purchase by said Trustees and the approval of the Court then having jurisdiction of said Trust. I direct that the purchaser of any of my real estate or personal property shall not be required to see to the application of the purchase price.
(b) I hereby authorize and empower my said Trustees to execute and deliver all deeds, instruments of transfer, and other writing necessary to pass proper title to any real estate, including all deeds, instruments of transfer, and other writing necessary to pass proper title to themselves or either of them, as here in provided.
(8) The Trust created by this will shall continue during the life of my sister, Ruth Groves, and my wife, S. Mae Hyde, unless the latter shall have released and relinquished in writing all claims under said antenuptial agreement dated February 14, 1924, and until the sale of all my real estate in the manner and upon the conditions hereinabove set forth. At the termination of this Trust, I direct said Trustees to distribute all of said trust fund, after paying the necessary expenses and costs and fees incurred in the administration thereof, including amounts expended for the payment of income taxes, unto my children, share and share alike, the share of any deceased child to go to the descendants of such deceased child per stirpes. I direct that any inheritance taxes which may be imposed upon any of the legacies and bequests herein provided for shall be paid out of the general funds of my estate and shall not be deducted for the respective legacies and bequests.
(9) I hereby nominate and appoint my sons, Walter H. Hyde and Henry F. Hyde, and the survivor of them, Executors and Trustees of this my Last Will and Testament, and I direct that they be not required to give bond or other security as such Executors or Trustees. If both of the Trustees nominated hereunder shall die or become incapacitated and there is no provision otherwise made herein for the appointment of a successor to such Trustee, I direct that the Circuit Court of DeKalb County, Illinois shall appoint a successor trustee. A successor trustee appointed as herein provided shall be vested with the powers herein given to my two said Trustees as fully and to the same extent as though named in this my Last Will and Testament.
(10) It is my purpose in making this my Last will and Testament to provide for the payment of the annuity to my said wife under the terms of said antenuptial agreement dated February, 14, 1924, and to provide for the equal distribution of my estate among my children and their descendants.
In witness Whereof, I have hereunto set my hand and seal this (blank) day of August, A.D. 1946, hereby revoking all former wills by me made.
George S. Hyde (Seal)
George S. Hyde died on 27th day of February, 1953.
August 20th, 1954 Final Report Filed and approved