Last Will and Testament
of James McMahan
In the Name of God Amen.
I,James McMahan, of the County of Hamilton and
State of Illinois of the age
of Ninety years and being of sound mind and memory do make,
declare this my Last Will and Testament in the manner follow that is to say:
First - To my wife, Elizabeth McMahan I give and bequeath, all of my real
estate during her life time situated in the County of Hamilton, State of
Illinois, and knowing and described as follows. The East half of the north
west quarter of Section No. ten (10) Township Six (6), South Range Seven
East 80 acres and the West forth North East quarter Section ten (10) Town.
Six South Range Seven East forty acres (40) and the South West forth of the
North East Section ten (10), Town. Six Range Seven East forty acres.
Then at the death of my wife Elizabeth McMahan, I give and devise to my
dauter, Mary Simmons, and her heirs and assigned forever known as the forth
North West forth, South East quarter Section Six, South Range Seven East.
Then I give and devise to my two sons, Thomas McMahan and William McMahan,
here heirs and assigned forever the East half of the west quarter of
Section No. ten (10) Town. Six (6) South range Seven East 80 acres to be
divided equaly between them by a line running East and west, Thomas McMahan,
my eldest son to have first choice and pay the differance in the price of or
value of the land or if he sees case to take the 2nd choice and the
differance in value, I then give and devise to my two Sons Thomas McMahan,
William McMahan and my dauter Mary Simmons the South West forth of the North
East quarter Section ten (10) Town (6) Six Range Seven East forty acres to
be divided equally between them and their heirs as assigns forever.
I then give and devise to my Son Thomas McMahan one yoke of oxen and one
colt. I then give to my grandson Edward McMahan one dollar.
I then and
devise to Marget Justice, Elizabeth Justice, Edward Justice and Katharine
Justice, my grandchildren one dollar each. I then give and devise to
America McMahan, Gorgi W. Turner, Elizabeth Turner, Mary J. Turner, Martha
Turner, James Turner and July Etta McMahan, my grandchildren, one dollar
Lastly I give and bequeath all the rest residue and remainder of my
personal estate and chattles of what nature or kind to my wife, Elizabeth
McMahan, whom I hereby appoint Sole Executrix of this my Last Will and
Testament hereby revoking all former wills by me made.
In witness whereof I hereunto set my hand and seal this first day of
November in the year of our Lord one thousand eight hundred and sixty three
James X (his mark) McMahan
The above instrument was at the date thereof signed, sealed, published and
declared by the said James McMahan as and for his Last Will and Testament in
presence of us who at his request and in his presence and in the presence of
each other have subscribed our names as witnesses thereto the above
instrument was declared to us by James McMahan the testator therein stated
to be his Last Will and Testament and we in presence of each other signed
our names thereto as attesting witnesses.
Steven X (his mark) McMahan