The Last Will and Testament of Isaac C. Sutherland

Iowa, Wills and Probate Records, 1758-1997
Guthrie Probate Records, Vol 3-6, 1875-1894
Page 298

In the matter of the last will and testament of Isaac C. Sutherland, deceased.

Now on this 28th day of September 1892, in the above entitled cause comes Robert M. Keerns Executor and trustee under the last will and testament of Isaac C. Sutherland, deceased, late of Bureau County Illinois and filed in this courthouse an instrument purporting to be a copy of the last will and testament of Isaac C. Sutherland, deceased, late of Bureau County Illinois together with the original record of probate thereof in the county court of said Bureau County Illinois authenticated by the attestation of the clerk of said court and proved by the Court that the said will of Isaac C. Sutherland, deceased, be admitted to probate and probated herein as a foreign will. And the court having examined said copy of said will, and the original record of probate thereof, and the authentication and attestation thereof, and heard the evidence and being fully advised in the premises finds.

That on the 28th day of May 1874, the said last will and testament of said Isaac C. Sutherland, deceased, was duly admitted to probate in the county of Bureau and state of Illinois. A court having full and complete and original probate jurisdiction in said Plat and jurisdiction of the probation of wills, and that the copy of said will exhibited herein, is a correct copy thereof and that the copy of the record of probate thereof attached thereto is a true and correct copy of the original record of the probate thereof. And that the said copy of the will and of the said original record of probate thereof are duly and properly authenticated by the attestation of the Clerk of the Court in which said probation was made and that said instrument is entitled to probation herein as a foreign will. It is therefore considered and ordered by the Court that said instrument be and the same is hereby admitted to probate and probated herein as and for the last will and testament of said Isaac C. Sutherland, deceased.

indecipherable
Judge


Iowa, Wills and Probate Records, 1758-1997
Guthrie Probate Records, Vol 3-6, 1875-1894
Page 299

September Term 1892

State of Illinois
Bureau County

In the Bureau County Court in Probate. May Term A.D. 1874. On Thursday, the 28th day of May in the year of our Lord One Thousand Eight Hundred and Seventy Four. Present the Honorable Jesse Emerson Judge, W.J. Keith Clerk,  W.G. Louerin Sheriff. In the matter of the estate of Isaac C. Sutherland, deceased. This day comes John A. Keerns and makes one proof to the satisfaction of the court of the death of the said Isaac C. Sutherland late of said county of Bureau which proof is ordered by the court to be entered of record whereupon comes John A. Keerns and surrenders to the court an instrument of writing purporting to be the last Will and Testament of the said Isaac C. Sutherland, deceased, which is ordered by the court to be filed. Subsequently also come John A. Keerns and Charles W. Sutherland subscribing witnesses to the aforementioned instrument of writing, and being first duly sworn testify to the one execution of said instrument by the Testator said Isaac C. Sutherland, deceased, and that at the time of the execution of said instrument said witnesses believed said Testator to be of sound mind and memory and under no constraint which testimony is ordered by the Court to be entered of record in full.

State of Illinois
Bureau County

John A. Keerns being duly sworn deposeth and sayeth that Isaac C. Sutherland, late of the Town of Milo in the County of Bureau and state of said, departed this life at Milo, in said county, on or about the 10th day of April A.D. 1874 and that he died leaving a last will and testament to the best of my knowledge and belief. John A. Keerns. Subscribed and sworn to before me this 28th day of May A.D. 1874. Files May 28th A.D. 1874. W.J. Keith Clerk.

State of Illinois
Bureau County

In the county court of said County. In Probate. May Term A.D. 1874. Personally appeared in open court Charles W. Sutherland and and (sic) John A. Keerns, subscribing witnesses to the forgoing instrument of writing purporting to be the


Iowa, Wills and Probate Records, 1758-1997
Guthrie Probate Records, Vol 3-6, 1875-1894
Pages 300 – 301

last will and testament of Isaac C. Sutherland, late of Bureau County, deceased. Who being duly sworn according to law, do depose and say, each for himself, that the forgoing is the last will and testament of the said Isaac C. Sutherland, deceased. That he subscribed his name thereto as the attesting witness at the request of the said Testator and in his presence and in the presence of each other on the fifth day of April A.D. 1874. That the said Testator this and there subscribed his name thereto in our presence and declared the same to be his last Will and Testament and that the said Testator at the time of executing the same as aforesaid was of full age of sound mind and memory and under no constraint. Chas W. Sutherland, John A. Keerns. Subscribed and sworn to in open court this 28th day of May A.D. 1874.
W.J. Keith, County Clerk

Will.

I, Isaac C. Sutherland of the Town of Milo County of Bureau and state of Illinois, being in ill health, but of sound and disposing mind and memory and being mindful of the uncertainty of human life do now make publish and declare this my last will and testament. I give and devise all my estate both Real and Personal of every nature and description and whereupon situated whereof I may die seized or possessed to Robert M. Keerns Esquire of the Town, County, and State above mentioned to have and to hold the same to him and to his heirs and assigns forever upon the uses and trusts following namely: In trust first to pay all my debts and funeral expenses after my decease and second to take the sale and exclusive (indecipherable) of my said estate and to have absolute control of the same with full power to lease, mortgage, sell, and convert into money any or all of my said estate at such time and in such manner as by my said trustee shall be deemed advisable and for the best interests of my said estates and out of the rents or other proceeds of my said estate to appropriate and to pay from time to time such sums as may be deemed necessary for the maintenance and education of my beloved daughter Nellie Sutherland and my beloved son Robert Sutherland the amount so to be expensed to be apportioned equally between my said children until they shall arrive at the age of eighteen and twenty one years respectively and the residue remaining to pay over to my said children, if in money, and to convey to them if in Real Estate on other property on them reaching the age of eighteen and twenty one years respectively. Share and share alike. It being my will that said children in all they shall receive from my said estate whether by way of maintenance and education or as their distribution shares, on reaching their majority, shall have equally of my estate after my debts and funeral expenses shall be paid as aforesaid and in case either one of my said children shall die without issue before reaching her or his majority as aforesaid, the one surviving shall take the share of the other one so doing under the provisions of this will. I hereby nominate and appoint my said trustee, Robert M. Keerns, to be the guardian of my children above named. Without the necessity of taking out letters of guardianship or giving bonds or or accounting to any Court of Probate or other Court of record as such guardian and I hereby nominate, constitute, and appoint my said trustee, Robert M. Keerns, to be the sole executor of this my last will and testament without the necessity of giving bonds as such executor and without being required to account as such executor to any court of probate or other court of record. But on my said children reaching their majority as aforesaid my said executor and trustee shall account to them for my said estate as equity and good conscience shall require. In witness whereof I have hereinto subscribed my name and affixed my seal this fifth day of April A.D. 1874. Isaac Calvin Sutherland (signed)

The above written instrument was subscribed by the said Isaac Sutherland in my presence and acknowledged by him to each of us, and he at the same time published and declared the same so subscribed to be his last will and testament and we at his request and in his presence the (indecipherable) of each other have signed our names as witnesses hereto and appended our respective places of residence. Charles W. Sutherland, Milo, Bureau County, Illinois. John A. Keerns, Milo, Bureau County, Illinois.


Iowa, Wills and Probate Records, 1758-1997
Guthrie Probate Records, Vol 3-6, 1875-1894
Pages 302

State of Illinois
Bureau County

I, O. Wilkinson, Clerk of the County Court in and for the County of Bureau and State of Illinois, having in charge and custody the records and seal thereof which said court is the court of general probate jurisdiction in and for said county and state, do hereby identify that the above and foregoing is a true and correct copy of the last Will and Testament of Isaac C. Sutherland, deceased, and of the original record of probate thereof in my office remaining. In witness whereof I hereby set my hand and the seal of the said Court at Princitore in said County and State this 24th day of June A.D. 1892.

{seal}
O. Wilkinson
Clk County Court

Isaac C Sutherland, Iowa Wills and Probate, p. 298-299

Isaac C Sutherland, Iowa Wills and Probate, p. 300-301

Isaac C Sutherland, Iowa Wills and Probate, p. 302-303

 

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