Last Will and Testament of Daniel RUTHERFORD
I Daniel Rutherford of Trenton in the County of Clinton in the State of Illinois, being sound in mind and body, do make and declare this to be my last Will and Testament.
First, I direct that my funeral Expenses and all my first debts be fully paid.
Second. I give devise and bequeath to my daughter, Lotta RUTHERFORD Five Hundred Dollars in money, and all my household and Kitchen furniture, pictures, silver ware and all other fixtures in my house, absolutely, to dispose of as she may elect.
Third. I give devise and bequeath to my Grandson Edward E. RUTHERFORD Fifty Dollars in money, absolutely.
(Fourth. I give devise and bequeath to my Grandson Edward E. RUTHERFORD Fifty Dollars in money, absolutely).
Fourth I give devise and bequeath to my three sons Samuel H. RUTHERFORD, Reuben L. RUTHERFORD and Charles E. RUTHERFORD and my two daughters, Lotta Rutherford and Clara C. CURTIN all the remainder and residue of my property, personal, real and mixed of whatsoever kind, an equal share, viz: Each to have and to take an equal one fifth part of my remaining property. And it is my will that in case my son Samuel H. Rutherford shall die before myself of if he shall die after me, leaving no children of his body; that then in that case, his share in my said property, shall be equally devided between my two sons and two daughters, Reuben L. Rutherford, Charles E. Rutherford, Lotta Rutherford and Clara C. Curtin.
Fifth. I hereby constitute and appoint my son in law William H. Curtin, executor of this will, and direct that he may not be required by the County Court to give any bond as such executor.
And I hereby revoke all former wills by me made.
In Witness whereof, I Daniel Rutherford have hereunto set my hand, the 10th day of January A D 1891.
The foregoing will was signed sealed published and declared by the said Daniel Rutherford, as and for his last Will and Testament, in the presence of us who in his presence and in the presence of each other and at his request have subscribed our names as Witnesses thereto.
Rufus N. RAMSEY of Carlyle Ills
John J. McGAFFIGAN
State of Illinois} ss In the County Court of said County
Clinton County} In Probate September Term A D 1892
Personally appeared in open court Rufus N. Ramsey and John J. McGaffigan subscribing witnesses to the annexed instrument of writing purporting to be the Last Will and Testament of Daniel Rutherford late of said County, deceased, who being duly sworn according to law, do depose and say each for himself, that they were present and saw the said Daniel Rutherford sign said Will in their presence and that they believe that the said Testator was of sound mind and memory, of lawful age and under no constraint when he signed said Will.
Subscribed and sworn to } Rufus N. RAMSAY
in open court this 15th day } John J. McGaffigan
of September A D 1892. }
John C. Lampen
Note: In the above will, the first "Fourth" was a duplicate of the "Third" and was probably intended to have been deleted. Therefore they made a new "Fourth".
Transcribed by Melody Reissen
From Family History Center Microfilm # 1007839 - Wills v. A-C 1857-1914