Earp Connections

EARP WILLS

Will of William F. Earp

PROBATE of WILL UNDER PETITION - Law of 1897.
Pages 57 & 58 -
STATE OF ILLINOIS,)
Moultrie County          }ss.
In the Moultrie County County Court,
          In Probate February Term, A. D. 1907

     On Tuesday the 19th day of February in the year of our Lord one thousand nine hundred and seven.
Present:  The Hon. E. D. Hutchinson, Judge                Cash W. Green, Clerk,

In the Matter of the Probate of Last Will and Testament 
William F. Earp, Deceased                                            }                   PROCEEDINGS BY PETITION.

     NOW on this day comes Edward Earp, and presents to the Court a petition of William F. Earp, deceased, now on file in said Court, be admitted to Probate.
     It appearing to the Court from said petition that the said William F. Earp died at the City of Sullivan on or about the 15th day of February A. D. 1907, and at the time of his death resided at Sullivan in the County of Moultrie and State of Illinois, and that the names of all the heirs at law and legatees as set forth in said petition, are as follows, to-wit:
     Jennie Earp
     Edward Earp,
     Nora May Hoke,
     Nannie Miller,
     Belle Goldburgh
, and Nora Earp.

     Which petition is filed, and it is ordered by the Court that the 18th day of March, A. D. 1907, be set for a hearing on said petition.

     It is further ordered that this cause be continued until the March Term, A. D. 1907.
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STATE OF ILLINOIS,)
Moultrie County          }ss.
In the Moultrie County County Court,
          In Probate March Term, A. D. 1907

     On Monday the 18th day of March A. D. 1907
Present:  The Hon. C. D. Hutchinson, Judge,      W. O. Funston, Sheriff,     Cash W. Green, Clerk.
In the Matter of Probate of the Last Will and Testament of William F. Earp, Deceased.
     And now, on the 18th day of March, A. D., 1907, the same being one of the regular days of said term of the County Court, the above entitled  cause coming on to be heard.
     It appearing to the Court that the Clerk thereof has sent a copy of said petition by mail to each of the heirs at law and legatees whose post office address was given in said petition within the time specified by law, proof of said service being evidenced by a certificate of mailing notice now on file in said Court.
     And it further appearing to the Court from said petition that the post office address of Nora Earp is now shown by said petition, and that the said Clerk has caused publication to be made in the Sullivan Progress, a newspaper of general circulation, published in Sullivan in the County aforesaid, for at least three weeks before the day set for hearing, stating the name of the said testator, the names of all the heirs at law and legatees, ___ the time when and the place where said Will        is to be offered for probate, proof of said service thereof being also evidenced by a certificate of publication, also on file in said Court.
     Thereupon come A. Gifford and Chas. Lansden two of the subscribing witnesses of the aforesaid Will, who, being duly sworn, does depose and say, each for himself, that They subscribed their names to said Will as attesting witnesses thereto at the request of said testator, in his presence, and in the presence of each other, on the 20th day of February A. D. 1905, and that the said testator, then and there subscribed his name thereto in their presence, declared the same to be his Last Will and Testament, and that the said testator, at the time of the execution of said Will, was of full age, of sound mind and memory, and under no constraint.

     And the Court heard all the evidence furnished, and being fully advised in the premises, doth hereby Order and Adjudge that the said Will be deemed and taken as duly proven and authenticated, and the same hereby admitted to Probate as said Will together with the testimony of the witnesses thereof be entered of Record.

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STATE OF ILLINOIS,)
Moultrie County          }ss.
In the Moultrie County County Court,
          In Probate March Term, A. D. 1907

     PERSONALLY APPEARED in Open Court A. Gifford and Last Will and Testament of William F. Earp late of Moultrie County, deceased, who being duly sworn of said testator and in his presence and the presence of each other on the 20th day of February A. D. 1905
That they believed and now believe that he then and there subscribed his name thereto in their 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.

SUBSCRIBED and sworn to in Open Court, this 18th day of March A. D. 1907.
(SEAL)  Cash W. Green, County Clerk.
  A. Gifford
  Chas. Lansden

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Endorsed:  Filed March 18th A.D. 1907
     A true Record of the original affidavit of the subscribing witnesses
             Cash W. Green, Clerk
Attest:  Cash W. Green, Clerk.

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LAST WILL and TESTAMENT of WILLIAM F. EARP, Deceased.

     I, William F. Earp, of the county of Moultrie and State of Illinois, being of sound mind and memory do make and declare this my Last Will and Testament, hereby revoking all others.
     1st - I direct that my executors, pay out of the first money of my Estate that shall come into their hands my funeral expenses and all my just debts.
     2nd - Having provided by contract with my wife Jennie Earp prior to our marriage for a disposition of our several estates, I desire that contract to be carried into effect and bequeath to her One Dollar in full of what she shall receive from my estate.
     3 - Having given to my son John W. Earp, now deceased, during his life his full share of my estate, I bequeath to his daughter Nora Earp One dollar in full of her share of my estate.
    4th - All the rest and residue of my estate both real and personal I hereby give, bequeath and devise to my children.  Edward Earp, Nor May Hoke, Nannie Miller and Belle Goldburgh to have and hold unto them and their heirs in equal parts, share and share alike.
     5.  I appoint my son Edward Earp and my son in law A. H. Miller, executors of this will.
     In testimony where of I hereunto set my hand and affixed my seal this February 20 - 1905.
                                                                     William F. Earp (SEAL)

     We were present and saw William F. Earp sign his name to the foregoing Will and at his request and in his presence and in the presence of each other, we sign our names thereto as subscribing witnesses and we believe him to be of sound and disposing mind and memory. 
                                                                       Feb. 20 - 1905
                                                                                              A. Gifford
                                                                                              Charles Lansden.