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I, John T. Musick, of the county of Logan and state of Illinois, being of sound mind and disposing memory, but being mindful of the uncertainty of life, do hereby make, publish, and declare this to be my last will and testament, hereby revoking all other wills by me heretofore made by me.

First, It is my will that all my just debts, including my funeral expenses, be paid by my executor, hereinafter appointed, in due course of administration of my estate. Second, I give, devise, and bequeath unto my beloved wife, Ann O. Musick, all my personal property of every kind and character, wherever the same may be situated or located, as her sole and absolute property, estate of every kind and character, wheresoever the same may be situated or located, in trust, however, for the following uses and purposes, viz;

My said executor and trustee shall have full power and authority to renew any debts I may owe for money borrowed, or to borrow any money necessary for the payment of my debts.

My said executor and trustee shall have full power and authority to sell, at either public or private sale, upon such terms as he may deem advisable, and, by proper deed or deeds of conveyance, to convey any of my said real estate, at any time after my decease, as may be necessary to pay the debts of my estate, my said executor and trustee to have full power and discretion to determine what real estate to sell. My said executor and trustee shall have full power and authority to lease all my real estate to such persons and upon such terms as he may deem advisable, and shall collect the rents and income therefrom, and shall apply the proceeds thereof, first, towards the payment of all taxes and the keeping up of all improvements and keeping the buildings insured, and pay all other expenses necessary in the administration of said trust and the care of said property. The balance of said income shall be paid semi-annually by my said executor and trustee to my wife, Ann O. Musick, for her care and maintenance.

At the death of my said wife, Ann O. Musick, my said executor and trustee shall sell, at either public or private sale, upon such terms as he may deem advisable, the remainder of my real estate not theretofore sold by him, as herein above provided, and convey the same by proper deed or deeds to the purchaser or purchasers thereof, and, out of the proceeds of such sale, shall first pay the costs of upkeep of said property, then my trustee (shall pay) in the following manner, viz;

To each of my following named children, Everette Ephraim Musick, Hannah C. Amberg, Albert B. Musick, Libbie S. Wubben, Emma A. Martinie, Bessie W. Musick, John Thomas Musick, and Clifford M. Musick, a one-ninth part of the net proceeds from the sale of said real estate; provided, however, there shall be deducted and retained by my said executor and trustee from the share of my said son Albert B. Musick, the sum of twelve hundred eighty-six and 66/100 dollars ($1286.66) on account of money and property which I have heretofore advanced to my said son, Albert M. Musick, together with interest on said amount from the date thereof, at the rate of three per cent per annum, to the date when such distribution shall be made; and that there shall be deducted form the share of my said son, John Thomas Musick, the sum of twenty-three hundred seventeen and 97/100 dollars ($2317.97) for money and property I have heretofore advanced to my said son, John Thomas Musick, together with interest thereon at the rate of three per cent per annum until the period of distribution; and provided further that in case any one of my said eight children herein above mentioned should die before my death, or before the death of my said wife, then the share of such child to be paid to his or her legal heirs as determined by the laws of descent of the state of Illinois, subject to the deductions herein above provided for, as to any advancements.

Of the one-ninth interest in the proceeds of the sale of real estate by my executor and trustee, not herein above disposed of to my other eight children, the sum of fourteen hundred dollars ($1400.00) shall be deducted on account of money and property which I have heretofore advanced to and on account of my daughter, Anna Elnora Stephens, together with interest thereon from the date of this instrument, at the rate of three per cent per annum until the date of my decease, by a promissory note, dated April 4th, 1912, signed by Martin Stephens and Nora Stephens, the deduction herein provided for to be a payment of said note. The balance of said one-ninth share shall be retained by my said executor and trustee for the following purposes, viz:

Said executor and trustee shall pay to my said daughter, Anna Elnora Stephens, out of the principal of said share, so long as the principal shall last, an annuity of two hundred dollars ($200.00) per annum. Payable annually. The balance of said share said trustee shall keep loaned out, on good security, the interest therefrom to be paid annually to my said daughter Anna Elnora Stephens. Upon the death of my said daughter, in case she survives her husband, Martin Stephens, the balance of said one-ninth share shall be paid to the children of my said daughter Anna Elnora Stephens in equal shares, the child or children of any deceased child or children of my said daughter to take the part their parent or parents would have taken if living; provided, however, that if my said daughter shall be a widow at the death of my said wife or become a widow after the death of my said wife, then said one-ninth part or share, or such part thereof as shall remain in the hands of said executor and trustee, shall be paid to my said daughter Anna Elnora Stephens, subject however to the deduction herein before specified on account of money advanced to and on her account. The sum of $1286.66 deducted from the one-ninth share of my said son, Albert B. Musick, the sum of $2317.97 deducted form the one-ninth share of my said son, John Thomas Musick, and the sum of $1400.00 deducted from the one-ninth share of my said daughter, Anna Elnora Stephens, shall become a fund in the hands of my executor and trustee, to be distributed among my nine children in equal parts, the one-ninth share of my said daughter, Anna Elnora Stephens to be subject to the trust provisions herein as to her said one-ninth share.

Fourth, I have heretofore, in my lifetime, advanced to each of my seven children, Everette Ephraim Musick, Hannah C. Amberg, Albert B. Musick, Libbie S. Wubben, Emma A. Martinie, John Thomas Musick, and Anna Elnora Stephens, personal property equal to three hundred dollars ($300.00) and five hundred dollars ($500.00) cash, and to my daughter, Bessie W. Musick, property equal to $300.00, for which I make no deductions, and to equalize the share of my said daughter, Bessie W. Musick, and my said son, Clifford M. Musick, with the other children, I hereby bequeath to my said daughter, Bessie W. Musick, a specific legacy of five hundred dollars ($500.00), and to my son, Clifford M. Musick, a specific legacy of eight hundred dollars ($800.00), said specific legacy to each of my children to be in addition to the provisions heretofore made for my said son and daughter, said legacy to be paid to my said daughter, Bessie. W. Musick as a debt of my estate, and said legacy to my son, Clifford M. Musick, to be paid to my said son, by my said executor and trustee, when my son shall become 21 years of age.

Fifth, I hereby appoint Daniel E. Curry as the executor of this, my last will and testament, and in case of his resignation or refusal to act as such executor or trustee, I hereby direct that the county court of Logan County, Illinois, shall appoint a successor, who shall have all the powers of an executor and trustee herein conferred upon the said Daniel E. Curry.

In testimony whereof I, the said John T. Musick, have hereunto set my hand to this, my last will and testament, this 21st day of December, A. D., 1914.

Signed John T. Musick

Signed by the testator, John T. Musick, as his last will and testament, in the presence of us, who, at his request, and in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses.

Herman H. Dierker
Bessie Gallagher
submitted by Bill Scroggin