....9 Dollars, to me paid by....Henry Porter... of....Savanna.... in the County of....Carroll.... in the State of....Illinois, son....of the said ....Francis Porter...., deceased, the receipt whereof is hereby acknowledged, do hereby grant, remise, release, and forever quitclaim unto the said ....Henry Porter, his....heirs and assigns forever, all the dower right, title, interest and demand whatsoever which I may have in law or in equity, in all of the lands, tenements and real estate whereof the said....Francis Porter....was seized or possessed, so that neither I, my heirs, executors, administrators, or assigns, nor any other person or persons for me shall have any claim, demand or right of dower in and to said lands or any part thereof, but shall be utterly barred and excluded forever. IN WITNESS WHEREUNTO, I have this....tenth....day of........August....A.D....1914....set my hand and seal. REBECCA PORTER.... NOTE. Add acknowledgment before authorized official. See No. 17. 210. Trust Devise. I, ....Elizabeth Jones...., of....Lanark...., in the County of ....Carroll...., in the State of....Illinois...., hereby revoke all former wills made by me, and declare this to be my last will and testament. I devise and bequeath all my real estate of every nature, and all my personal estate and property whatsoever, to......Henry Frank and William Whalen...., Trustees, and to the survivor of them and their successor or successors in trust and their heirs, executors and administrators according to the nature thereof, upon trust during the minority of my....son Henry...., at the discretion of my trustees to apply the whole or any part of the annual income of said trust premises for or toward the maintenance, education or benefit of my said....son.... I direct my said trustees to accumulate the surplus of the annual income by investing the same during my said....son's....minority in any way usually considered proper in the handling of trust funds, in the enlargement of the trust premises, and to follow the destination of the capital of the said trust estate, but with power to apply the accumulations of any preceding year or years for the maintenance, education or benefit of my said....son....in any succeeding year or years. When my said....son....shall attain the age of....21....years my said trustees shall pay and transfer to....him....absolutely the said trust property or as much thereof as shall not have been applied or disposed of during the preceding trust; but if my said....son....shall die, either in my lifetime or after my decease, under the age of....21....years, or shall die in my lifetime after attaining that age, but without leaving issue surviving me, then my trustees shall hold the trust property upon trust from and after the death of the survivor of myself and my said....son...., to pay the annual income of said property to my....sister Helen....during....her.... life, and upon....her....death to pay thereout the sum of....One Thousand ($1,000.00).... Dollars to....each of....my....other sisters, Jane and Rebecca....; and to hold the ultimate residue of the said trust property in trust for the heirs of my....sister Helen.......... I authorize my said trustees for the time being under this will, to sell the whole or any part of both the real and personal trust property at private sale or public auction, at their discretion, for any of the purposes connected with the trust estate, or the management thereof, and to execute and deliver such deeds or other instruments of transfer as may be necessary to pass proper title to the same. I further authorize my said trustees to lease all or any part of the real estate held by them under the trusts of this will for such term or terms, and upon such conditions, as they shall see fit, and generally to manage and improve said real estate in such manner as they shall deem best for the trust premises. I appoint the said....Henry Frank and William Whalen.... Trustees, hereunto named, to be executors of this my will. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ....tenth....day of....August....A. D....1914.... IN THE NAME OF GOD, AMEN. I,.....Alice Williams... of ....Berwyn...., in the County of....Cook....and State of.... Illinois...., being of sound mind and memory, and considering the uncertainty of this frail and transitory life, do therefore make, ordain, publish and declare this to be my last WILL and TESTAMENT: FIRST, I order and direct that my....Executrix....hereinafter named pay all my just debts and funeral expenses as soon after my decease as conveniently may be. SECOND, After the payment of such funeral expenses and debts, I give, devise and bequeath unto....Henry Williams...., my....brother.. the sum of....Five Hundred ($500.00).... Dollars, and all the remainder and residue of my estate I give, devise and bequeath unto my....niece, Gladys Cook.... Lastly, I make, constitute and appoint....Helen Williams....to be ....Executrix....of this, my last Will and Testament, hereby revoking all former Wills by me made. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my seal, the....fourth....day of....August....in the year of our Lord one thousand nine hundred and. .fourteen.... This Instrument was on the day of the date thereof signed, published and declared by the said....testatrix, Alice Williams...., to be....her....last Will and Testament, in the presence of us who at....her....request have subscribed our names thereto as witnesses, in....her.... ..presence, and in the presence of each other, and we believe said....testatrix....at this time to be of sound and disposing mind and memory. JAMES SMITH. NOTE. In preparing a will it is very important to note how many witnesses are required by the statutes of the particular jurisdiction where the party resides. Nevada is the only state in the Union where a seal is required to a will. Most of the states require two witnesses. Three witnesses are required in Kentucky, Georgia, Maine, Massachusetts, New Hampshire, North Carolina, South Carolina and Vermont. It is better to have at least one more witness than the statute requires, if possible, for it obviates the necessity of producing secondary proof where the number of witnesses required by statute cannot be produced. When proving a will, only the number of witnesses required by statute need be produced. INDEX Prepared by F. W. SCHENK Librarian, Law School, University of Chicago. (The figures refer to those at the foot of the pages.) necessary to cause an injury to warrant recovery of the insurance, 278. while insured is intoxicated, provision of policy against recovery for, against risks of travel, 276. business of, in England, 276. in United States, 276. excepted risks, 279-282. enumerated, 279. usually provisions of a policy, 279, 280. inhalation of gas, provision of policy against recovery for accident from, how construed, 278, 281. injury from poison, provision of policy against recovery for accident intentional injuries, provision of policy against recovery for accident Accident Insurance-Continued loss of a member of the body, 282, 283. recovery of insurance for, when member is not totally severed from subrogation not allowed in, 170, 171. total disability, provision of policy allowing for, how construed, 282, 283. visible mark of injury, provision of policy requiring, how construed, "visible" construed by the courts how, 278, 279. Account, assignment of, form of, 596. by attorney in fact, form of, 628. by husband and wife, form of, 628. by individual, form of, 628, 629. certificate added to, by foreign notary, 647. Actions, agreement for bearing expenses of litigation, form of, 589, 590. civil, purposes of, 20, 21. Actual Damages. See Damages. Adjoining Landowners, removal of lateral support of land by, 92-103. Administrator, See also Support. application for letters testamentary, form of, 744, 745. insurable interest of, 133, 134. Admiral, office of, 290. Admiralty Law, 287-320. defined, 287. appeals in admiralty, 319. arose from the customs of the sea, 287, 288. codes of admiralty, 288, 289. See also Codes, of admiralty. development of, 287-292. history of, 287-292. jurisdiction in admiralty, 289-300, 316, 317. See also Jurisdiction, in admiralty. in salvage cases, 316, 317. of, consular courts, 289, 290. courts of American Colonies, 291, 292. English courts, 290, 291. United States courts, 293-300. over marine insurance, 312, 313. nature of, 287, 288. one of the most ancient and venerable branches of the law, 287. |