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Will of Samuel Mansker


Note: This will of Samuel Mansker was written on June 12, 1873, but it wasn't recorded until February 2, 1885, the same date as a revised will was recorded by Louis Dudenbostel, County Clerk. If anyone has a copy of the revised will, please a copy of it and I will post it here.

June 12, 1873--
In the name of God Amen:
I, Samuel Mansker of Liberty Precinct County of Randolph and State of Illinois, being of sound mind and memory and being impressed with the uncertainty of life and the certainty of death do therefore make ordain and publish and declair this present writing or instrument of writing to be my last will and testament that is to say,

First--
I desire that all my just debts and funeral expenses be paid.

Second--
I give and desire my beloved wife Nancy Mansker in addition to the gifts bequeathments and desire made by a marriage contract made and entered into by myself and Nancy Nelson (now my wife) Nancy Mansker bearing date November sixth A.D. 1856 and recorded in book H H and pages 371 and 372 in the city of Chester County of Randolph State of Illinois.

I give and desire to her all that certain tract of land contained in Section three (3) in township Eight (8) south of range six (6) west that is enclosed in the field in the front of my house. Also so much of the South west quarter of Section two (2) that lies in the same field and containing one hundred and thirty acres more or less and stuated in the County of Randolph and State of Illinois to together with all the hereditaments and appurtenances there unto belonging or in anywise appertaining to have and to hold the premises above described to my wife Nancy Mansker during the period of her natural life. I also give and bequeath to her the sum of one hundred dollars at my death and all of the personal property of each and every kind or nature whatever and an ample amount of provisions for self and the family for one year after my decease and she is to make no charge for board school and clothing for the remaining children.

Third--
My daughter Larancy Moore (daughter of my first wife) wife of John Moore deceased, afterward the wife of James Keeton has nine children by the former husband namely Samuel, Uriah, Sidney Moore, Catherine, Wilson, Vincent and Henry Clay Moore and two by latter namely Martha Jane Keeton and James Keeton that my daughter Larancy who is now deceased received of me during her life time the sum of fifteen hundred and forty seven dollars ($1547) in money, goods and chattels and personal property of different kinds which sum total is considered by me as her full share of my estate and to each of her children there to fore named I give and bequeath the sum of five dollars each to be paid to them in final settlement by my executor here in after appointed and directed.

Fourth--
That to my son William Wallace Mansker deceased son of my first wife I did give and devise by a former will all the following described tracts and parcels of land situated in the county of Jackson and State of Illinois to wit: The north half of the Northwest quarter of section five (5) in township eight (8) south of range number four (4) west and containing seventy two acres and eighty one hundredths of an acre (72 80/100) and the east half of the north east quarter of Section eight (8) township nine (9) south of range three (3) west and containing eighty acres and that by his request and permission I did bargain sell and convey all lands afore said for the consideration of the sum three hundred and seventy five ($375) to Nickolas Dougherty and Burris of Jackson County. That in lieu of the lands aforesaid I did pay him the sum of three hundred and seventy five dollars (375) and on the twenty eighth day of February A. D. 1866 he gave me a receipt for the aforesaid sum of money forever releasing me my executor administrator and heirs from all liabilities to him for the sale of the aforesaid lands said receipt will be found enclosed with this instrument of writing and a record of the same will be found at the recorder office in the city of Chester in book HH page 595 on the 28th day of February A. D. 1866. The aforesaid sum of money is in lieu of and in full of any of my landed estate.
I also give and bequeath to his minor children (four in number) they four constituting one heir, an equal share in my personal property on final settlement deducting therefrom four hundred and thirty seven dollars and fifty cents ($437.50) which he received in his lifetime and one hundred dollars I have given to his widow for use and benefit of the two minor children. The other children by his first wife have had no benefit of the last sum named all of which must be accounted for on final settlement.

Fifth--
To the surviving children of my daughter Elvira Pearson deceased (a daughter of my second wife) namely Dennis Pearson and Lucy Pearson now Lucy Winston I give and devise to them or and during the term of their natural lives and at their deaths to their lawful heirs all the following described lots piece or parcels of land situated in the county of Randolph, State of Illinois to wit: the south east fractional quarter of section five (5) in township eight (8) south of range six west containing one hundred and eight acres more or less together with all the hereditaments and appurtenances there unto belonging or in anywhere appertaining to have and to hold the premises above described to the said Dennis Pearson and Lucy Pearson now Lucy Winston for the term of their natural lives and at their deaths to their lawful heirs forever. I also give and bequeath unto the said Dennis Pearson and Lucy Pearson Winston one hundred dollars each to be paid to them by my executor upon a final settlement and this is to be considered their full share of my estate both real and personal.

Sixth--
To Robert Bruce Mansker (son of my second wife Elizabeth) I give and devise to him for and during the period of his natural life and after to his lawful heirs all the following described lots pieces or parcels of land situated in the county of Randolph State of Illinois to wit: The north half of the northwest fractional quarter section five (5) township eight (8) south of range six (6) west containing fifty two acres and seventy two hundredths of an acre also the southwest fractional quarter of section five township eight south of range six west containing six acres and nineteenth hundredths of an acre. Also the south half of the north west quarter of section five township eight south of range six west containing thirty two acres and eighty nine hundredths. Also all of that part of the southwest fractional quarter of section thirty three in township seven south of range six west containing thirty two acres and eight hundredths also eight acres adjoining off of the northwest quarter of section four which is to be of equal width clear through from the northwest corner of section four to the Mississippi River on the Illinois side. I also have given him at different times money goods and chattels and personal property in the sum of nine hundred and ninety three dollars ($993) which sum and the above described lands is all that I intend him to have of my estate both real and personal.

Seventh--
To Thaddeus Consteintine Suliska Mansker son of my second wife Elizabeth I have given him at different times in personal property money good and chattels in the sum of twenty one hundred eighty three dollars ($2183) and by an agreement between him and I he is to have no more my estate either real or personal.

Eighth--
To my daughter Margaret Catherine Johnson daughter of my second wife Elizabeth I give and devise to her for and during the period of her natural life and after her death to her lawful heirs all the following described lots pieces or parcels of land situated in the county of Randolph State of Illinois to wit the south east quarter of the south east quarter of section two in township eight south of range six west excepting one square acre in the south west corner which I have here to fore deeded away for school purposes. Also all that part of section eleven that lies east of a line beginning at the south west corner of the south east quarter of the southeast quarter of section two and running south and parallel with the eastern lines of said fractional section number eleven to the Mississippi River and supposed to contain one hundred acres more or less together with all the hereditaments and appurtenances, there unto belonging or in anywise appertaining to have and to hold the premises above described to the said Margaret Catherine Mansker Johnson during her natural lifetime and at her death to her lawful heirs deducting therefrom the sum of five hundred and thirty eight dollars which I have already advanced ($538) an equal share of my personal estate.

Ninth--
To Theresa Rushing my daughter by my second wife Elizabeth I give and devise to her for and during the period of her natural life and after her death to her lawful heirs all the following described lots pieces or parcels of land situated in the county of Randolph State of Ill. to wit: All of the south east fractional quarter section four (4) township eight (8) south of range six west excepting eleven acres on the west side of said fractional quarter section four (4) said eleven acres are to run through the whole length from north to south bounded on the east by a line parallel with the quarter section on the west and containing one hundred acres more or less together with all the hereditaments and appurtenances there unto belonging or in anywise appertaining to have and to hold the premises above described to the said Theresa Rushing for the period of her natural life and at her death to her lawful heirs forever. I also give and bequeath to her and her heirs an equal share of my personal estate on a final settlement deducting there from the sum of four hundred and six ($406) which she has already received which must be accounted for on a final settlement.

Tenth--
To Addaliza Kirk a daughter by my fourth wife I give and devise to her for and during the period of her natural life and after her death to her lawful heirs all the following described lots pieces or parcels of land situated in the county of Randolph State of Illinois to wit: The southwest quarter of the southeast quarter of section two (2) in township eight (8) south of range six west containing forty acres (40) also all of section eleven that lies due south of the aforesaid quarter section clear to the Mississippi River being the west half of the east half of fractional section number eleven in township eight south of range six west and containing 120 acres more or less together with all the hereditaments and appurtenances there unto belonging or in anywise appertaining to have and to hold the premises above described to her the said Addaliza Kirk for the period of her natural life and after her death to her lawful heirs for ever.
I also give and bequeath to her and her heirs an equal share of my personal estate on final settlement deducting therefrom two hundred and fifty one dollars and ninety five cents, which she has already received and must be accounted for in final settlement of my final estate.

Eleventh--
To my son Nelson Crain Mansker son of my fourth wife I give and devise to for and during the period of his natural life and after her death to his lawful heirs all the following described lots pieces or parcels of land situated in the county of Randolph State of Ill. to wit: The east half of south west quarter of section two (2) in township eight (8) south of range six (6) west and containing eighty acres. Also all of section eleven that lies south of the aforesaid tract of land it being the east half of the west half of section eleven (11) township eight (8) south of range six west and containing one hundred and twenty acres more or less together with all the hereditaments and appurtenances there unto belonging or in anywise appertaining to have and to hold the premises above described to the said Nelson Crain Mansker during his natural life and at his death to his heirs forever. I also give and bequeath to him and his heirs an equal share in personal estate on a final settlement.

Twelfth--
To Elveretta Mansker my daughter by my fourth wife I give and devise to her for and during the period of her natural life and after her death to her lawful heirs all the following described lots pieces or parcels of land situated in the county of Randolph State of Illinois to wit: Eleven acres off of the west side of the south east quarter of section four (4) and nine acres off of the east side of the west half of the south west quarter of section four (4) said dividing lines are to run parallel with the quarter section lines also the east half of the southwest of section four (4). All of said lands are in section four township eight (8) south of range six (6) west containing one hundred acres more or less together with all the hereditaments and appurtenances there unto belonging or in anywise appertaining to have and to hold to the said Elveretta Mansker (Wood) during her natural lifetime and at her death to her heirs forever. I also give and bequeath to her and her heirs an equal share in my personal estate on a final settlement.

Thirteenth--
To my youngest son Herman Cole Mansker so of my fourth wife I give and devise during his natural life and at his death to his lawful heirs all the following described lots pieces or parcels of land situated in the County of Randolph State of Illinois to wit: The west half of the south west quarter of section two (2) township eight (8) south of range six (6) west containing eighty acres also the west half of the west half of fractional tract section eleven (11) township eight south of range six west and containing one hundred acres more or less also ninety six acres and twenty five hundredths of an acre off the east side of the south fractional half of section three (3) by a line running north and south in township 8 range 6 west (this ninety six acres is subject to a reservation herein after mentioned and described in favor of Alonzo Tinnin my step son) also the east half of the south east quarter of section 34 township 7 south of range 6 west and containing twenty acres together with all hereditaments and appurtenances to have and to hold the premises above described to the said Herman Cole Mansker during his natural life and at his death to his heirs forever provided that my son Herman Cole Mansker is not to interfere with any of the rights and advantages given to his mother by virtue of the written named marriage contract or by virtue of this present writing or instrument of writing. I also give and bequeath to him an equal share in my personal estate on a final settlement.

Fourteenth--
To Alonzo Tinnen my stepson a son of my fourth wife I give and devise to him during the term of his natural life and at his death to his natural heirs all the following described lots pieces and parcels of land situated in the county of Randolph State of Illinois to wit: The south west quarter of the north west fractional quarter of section 3 in township 8 south of range 6 west containing thirty five acres and the ninety three hundredths of an acre. Also the west half of the south east quarter of the south east quarter of section 34 township 7 south of range 6 west containing 20 acres together with all the hereditaments and appurtenances there unto belonging or in any wise appertaining to have and to hold the premises described above to said Alonzo Tinnen during his natural life and at his death to his lawful heirs forever. That in addition to the above grant he is to have the use of twenty acres of the cleared land which is a part of the 96 and twenty five hundredths of an acre that I have already given to my son Herman Cole Mansker in which I made reservation in favor of the said Alonzo Tinnen as long as he wishes to cultivate it himself but is not to have the privilege of renting it to anyone but to his mother brothers or sisters and he may at any time he wishes to after Herman Cole Mansker becomes of full and lawful age give it up to him said twenty acres lay alongside said and adjoining the 35 five acres and twenty hundredths of an acre that is described above. I also give and bequeath to him the said Alonzo Tinnen or his heirs the sum of one hundred dollars to be paid to him upon a final settlement of my personal estate.

Fifteenth--
It is my desire that if any of my heirs herein named (first the four minor children of William Wallance Mansker 2nd Margaret Catherine Johnson 3rd Theresa Rushing 4th Addaliza Kirk 5th Nelson Crane Mansker 6th Elveretta Mansker and 7th Herman Cole Mansker should die and leave no lawful heirs the surviving heir or heirs are to have an equal share in the estate of the deceased and are to share and share alike provided that the heirs of Larancy Moore, Robert Bruce Mansker and Thaddeus Constantin Suluski Mansker or their heirs or any of them are not to have any portion of any estate or estates of the above named heirs.

Sixteenth--
And all the rest of my estate which I have not devised by will in this present writing or instrument of writing to my heirs and should not grant bargain sell and convey and convert into money or other securities before my death. I leave for my executor herein after appointed to dispose of as I shall here in afterward direct.

Seventeenth--
And I do hereby request and appoint my friends John M. Woods, Broizeller Barnfield and John Weakly to be the Executors of this my last will and testament and especially request them with all reasonable diligence to administer upon my Estate, and performthe trust herein provided.

Eighteenth--
Now having disposed of all my real Estate by devise as here to fore described in this present instrument of writing excepting the following described lots pieces or parcels of land situated in the county of Randolph State of Illinois to wit: All of the south west fractional quarter of section 3 containing two and sixty six hundredths of an acre, also all of the north west fractional quarter of section 10 containing two acres and fourteen hundredths of an acres. Also all of the north fraction and half of section 9 containing twenty six acres more or less all of the above is in township 8 south of range 6 west also all of section 4 excepting what I sold to William Griffeth and devised to Robert Bruce Mansker and Elveretta Mansker and Theresa Rushing containing one hundred and twenty six acres more or less and all in township 8 south of range 6 west said land are all on what is known as Crane's Island.

I also have a tract of land situated in township 8 south of range 6 west near the Village of Rockwood known as the Burk track containing forty five acres more or less. Also thirty town lots more or less in the Mansker and Park and Stearn Addition to the town of Liberty now Rockwood and I am informed by James M. Brown that I have a small tract of land on the Island opposite the town of Rockwood said tract must be on the end of the Island and if upon being found I wish my executors to dispose of it and all the rest of the lands as above described as I shall herein after direct.

First--
It is my desire that my just debts and funeral expenses be fully paid.

Second--
I desire that my executors shall collect and re-invest the moneys I have standing out unless the parties now having same shall fully and amply secure same. It is my will and desire that my said executors invest all my remaining portion of my real estate into money at public or private sale on such terms at such places and time as to them in their judgement may best secure the interest of the estate hereby giving to my executors full power and authority to sell at private or public sale for cash in hand or on a credit as they may deem best and make all necessary transfers conveyances and other instruments necessary in the premises, provided that the executors are to give due notice of the time place and terms of any sale that is to take place and to invest and keep invested all the proceeds of any sale after all expenses are fully paid.

Third--
It is my desire that my executor shall have a general supervisor over the whole of my estate both Real and Personal except what is given to my wife in the marriage contract and what is contained in this instrument or writing unless at her request or unless she should die before the youngest child becomes of age then in that case all the personal property given to her as foresaid is to be disposed of by public sale and the money invested (after paying expenses) for final distributions to see that all fences, ditches, dikes, levies and drains which are or may be necessary for the successful cultivation of the farm or farms. They shall rent same to the legatees if he, she or they want them said legatees are to pay a yearly rent or rents on all land or lands that they may cultivate exception ten acres which is to be free of rent. Excepting however Margaret Catherine Johnson who is to have fifteen acres free and Addaliza Kirk is to have twenty two acres free of rent and other guarantee of land cultivated by all legatees are to pay a yearly rent as other tenants until youngest child becomes of age or upon a final settlement. And if the legatees does not want the farm or farms then rent to the best tenants that can be had they all paying the customary rates. I desire that if my present tenants should be living and want the land to rent whilst they do their part well as they have here to fore done I wish them to have the preference over others. After my legatees have had their refusal, the manner of my present tenants as follows to wit: S. S. Moore (Sidney Smith Moore), H. N. Moore, Joseph Spinner, Henry Wilson and John M. Wood.

Fourth--
To receive yearly rents from all legatees or tenants dispose of the same by sale public or private or at the time may to them seem best and the proceeds to be first what is needed for repairs of all kinds that may be necessary (after all expenses are paid) for distributions on a final settlement.

Fifth--
I desire that my executors shall immediately upon my death pay over to my wife the sum of one hundred dollars which I have to fore directed in this instrument or writing and especially request them that they see that she gets all the personal property of each and every kind or nature whatever said allowance will be found interlined on the first page of this instrument of writing just above the bottom line.

That I request that the Executors so manage my Estate so that by the time my youngest child becomes of age the money will all be collected and ready for the final settlement, finally I now say that the heirs which I wish to have an equal distribution of my personal estate are as follows: Namely four minor children of William Wallace Mansker deceased; Margaret Catherine Johnson, Theresa Rushing, Addaliza Kirk, Nelson Crane Mansker, Elveretta Mansker and Herman Cole Mansker. That after paying all the expensed of my estate and the several requirements therein made the balance is to be equally divided between the above named legatees and for further explanation I will say that the four minor children of William Wallace Mansker deceased constitutes only one heir.

In testimony thereof I have here unto set my hand and affixed my seal in the presence of William G. Harry, William Wood, S. S. Moore, Harry Wilson and Francis Crittenden this twelfth day of June A. D. 1873.


Samuel Mansker [Seal]