The Will of James McMahan

This Will was transcribed and contributed by Sharlene Coontz Meyer.  Thanks!

 

Will of James McMahan

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, 
publish and 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 
each.
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 
(63).
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

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