USA > Illinois > Hancock County > History of Hancock County, Illinois, together with an outline history of the State, and a digest of State laws > Part 94
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1st. The family pictures and wearing apparel, jewels and orna- ments of herself and minor children.
2d. School books and the family library to the value of $100.
3d. One sewing-machine.
4th. Necessary beds, bedsteads and bedding for herself and family.
5th. The stoves and pipe used in the family, with the necessary cooking utensils; or, in case they have none, $50 in money.
6th. Household and kitchen furniture to the value of $100.
7th. One milch cow and calf for every four members of her family.
8th. Two sheep for each member of her family, and the fleeces taken from the same, and one horse, saddle and bridle.
9th. Provisions for herself and family for one year.
10th. Food for the stock above specified for six months.
11th. Fuel for herself and family for three months.
12th. One hundred dollars' worth of other property suited to her condition in life, to be selected by the widow.
The widow, if she elects, may have in lieu of the said award, the same personal property or money in place thereof as is or may be exempt from execution or attachment against the head of a family.
GENERAL FORM OF WILL FOR REAL AND PERSONAL PROPERTY.
I, Samuel T. Lewis, of the city of Chicago, county of Cook, State of Illinois, being aware of the uncertainty of life, and in failing health, but of sound mind and memory, do make and declare this to be my last will and testament, in manner following, to-wit:
First. I give, devise and bequeath to my oldest son, Franklin M. Lewis, the sum of Four Thousand dollars of bank stock, now in the First National Bank, Chicago, Illinois, and the farm owned by myself, in Ontario township, Knox county, Illinois, consisting of one hundred and sixty acres, with all the houses, tenements, and improvements thereunto belonging; to have and to hold unto my said son, his heirs and assigns, forever.
Second. I give, devise and bequeath to each of my daughters, Lida Louan Lewis, and Fannie Antionette Lewis, each two thousand
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DIGEST OF STATE LAWS.
dollars in bank stock, in the First National Bank of Chicago, Illinois, and also each one quarter section of land, owned by myself, situ- ated in the town of Delavan, Tazewell county, Illinois, and recorded in my name in the Recorder's office of said county. The north one hundred and sixty acres of said half section is devised to my elder daughter Lida Louan.
Third. I give, devise and bequeath to my son, Fred Davis Lewis, five shares of railroad stock, in the C., B. & Q. Railroad, and my own one hundred and sixty acres of land and saw-mill thereon, situated in Astoria, Illinois, with all the improvements and appurtenances thereunto belonging, which said real estate is re- corded in my name, in the county where situated.
Fourth. I give to my wife, Tryphena Lewis, all my household furniture, goods, chattels, and personal property, about my house, not hitherto disposed of, including ten thousand dollars in bank stock, in the First National Bank of Chicago, Illinois, fifteen shares in the Chicago, Rock Island & Pacific Railroad, and the free and unrestricted use, possession and benefits of the home farm, so long as she may live, in lieu of dower, to which she is entitled by law; said farm being my present place of residence.
Fifth. I bequeath to my invalid father. Samuel T. Lewis, Sr., the income from the rents of my store building, at Canton, Illinois, during the term of his natural life. Said building and land there- with revert to my said sons and daughters in equal proportions, upon the demise of my said father.
Sixth. It is also my will and desire, that at the death of my wife, Tryphena Lewis, or at any time she may arrange to relinquish her life interest in the above mentioned homestead, the same may revert to my above named children, or to the lawful heirs of each.
And, Lastly. I appoint as executors of this, my last will and testament, my wife Tryphena Lewis, and my eldest son, Franklin M. Lewis.
I further direct that my debts and necessary funeral expenses shall be paid from moneys now on deposit in the First National Bank, Pekin, Illinois, the residue of such moneys to revert to my wife, Tryphena Lewis, for her use forever.
In witness thereof, I, Samuel T. Lewis, to this, my last will and testament, have hereunto set my hand and seal, this third day of March, eighteen hundred and seventy.
[L. S.]
SAMUEL T. LEWIS.
Signed, sealed and delivered by Samuel T. Lewis, as and for 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 sub- scribed our names hereunto as witnesses thereof.
Fred D. Selleck, Chicago, Illinois. Erastus Child, Oneida, Illinois.
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DIGEST OF STATE LAWS.
CODICIL.
Whereas, I, Samuel T. Lewis, did, on the third day of March, one thousand eight hundred and seventy, make my last will and testament, I do now, by this writing, add this codicil to my said will, to be taken as a part thereof.
Whereas, by the dispensation of Providence, my daughter Lida Lonan, has deceased, November fifth, eighteen hundred and seventy- four, and, whereas, a son has been born to me, which son is now christened Charles Burehard Lewis, I give and bequeath unto him my gold watch, and all right, interest and title in lands and bank stock and chattels bequeathed to my deceased daughter Lida Louan, in the body of this will
In witness thereof, I hereunto set my hand and seal, this fifth day of March, eighteen hundred and seventy-nine.
[L. S.]
SAMUEL T. LEWIS.
Signed, sealed, published and declared to us by the testator, Samuel T. Lewis, as and for a codicil, to be annexed to his last will and testament. And we, at his request, and in his presence, and in the presence of each other, have subscribed our names as witnesses thereto, at the date hereof.
Erastus Child, Oneida, Ill. E. C. Johnson, Chicago, Ill.
DESCENT.
When no will is inade, the property of a deceased person is dis- tributed as follows:
First. To his or her children and their descendants, in equal parts; the descendants of the deceased child or grand child taking the share of their deceased parents, in equal parts among them.
Second. Where there is no child, no descendant of such child, and no widow or surviving husband, then to the parents, brothers and sisters of the deceased, and their descendants, in equal parts, the surviving parent, if either be dead, taking a double portion; and if there is no parent living, then to the brothers and sisters of the intestate and their descendants.
Third. When there is a widow or surviving husband, and no child or children, or descendants of the same, then one-half of the real estate and the whole of the personal estate shall descend to such widow or surviving husband, absolutely, and the other half of the real estate shall descend as in other cases where there is no child or children, or descendants of the same.
Fourth. When there is a widow or surviving husband, and also
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DIGEST OF STATE LAWS.
a child or children, or descendants of the latter, then one-third of all personal estate to the widow or surviving husband, absolutely.
Fifth. If there be no child, parent, brother or sister, or descendants of either of them, and no widow or surviving husband, then in equal parts to the next of kin to the intestate in equal degree. Collaterals shall not be represented except with the descendants of brother and sister of the intestate, and there shall be no distinction between kindred of the whole and the half-blood.
Sixth. If any intestate leaves a widow or surviving husband and no kindred, then to such widow or surviving husband; and if there is no such widow or surviving husband, it shall escheat to and invest in the county where the same or the greater portion thereof is situated.
DEEDS.
A deed is a sealed instrument in writing, conveying lands and appurtenances thereon from one person to another, and special care should be taken to have them signed, sealed, delivered and properly acknowledged, with the proper seal attached. Witnesses are not necessary. The law in this State provides that an acknowledg- ment must be made before certain persons authorized to take tlie same. These officers are: Master in Chancery, Notary Public, Circuit or County Clerk, Justice of the Peace. United States Com- missioner, or any Court of Record having a seal, or any Judge, Justice or Clerk of any such court. The instrument shall be attested by the official seal of the officer taking the acknowledg- ment, and when taken by a Justice of the Peace residing out of the county where the real estate to be conveyed lies, there shall be added a certificate of the County Clerk under his seal of office, that he was a Justice of the Peace in the county at the time of taking the same. A deed is good without such certificate attached, but cannot be used in evidence unless such a certificate is produced or other competent evidence introduced. Acknowledgments made out of the State must either be executed according to the laws of this State, or there should be attached a certificate that is in conform- ity with the laws of the State or country where executed. Where this is not done the same may be proved by any other legal way. Acknowledgments where the Homestead rights are to be waived must state as follows: " Including the release and waiver of the right of homestead."
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DIGEST OF STATE LAWS.
To render a deed valid, there must be a sufficient consideration. To enable a person to legally convey property to another, the fol- lowing requisites are necessary: 1st, he or she must be of age; 2d, must be of sane mind; and, 3d, he or she must be the rightful owner of the property
Any alterations or interlineations in the deed should be noted at the bottom of the instrument, and properly witnessed. After the acknowledgment of a deed, the parties have no right to make the slightest alterations. An alteration after the acknowledgment in favor of the grantee vitiates the deed. The maker of a deed is called the "grantor;" the person or party to whom the deed is delivered, the " grantee." The wife of the.grantor must ackowl- edge the deed, or else, after the death of her husband, she will be entitled to one-third interest in the property, as dower, during her life. Her acknowledgment of the deed must be of her own free will and accord.
By a general warranty deed the grantor engages to secure the grantee in any right or possession to the property conveyed against all persons whatsoever. A quit-claim deed releases what interest the grantor may have in the land, but does not warrant and defend against others. We do not give form for a deed, as printed forms are used by all. Deeds should be recorded without delay.
MORTGAGES AND TRUST DEEDS
Are conditional conveyances of estates or property by way of pledge for the security of debt, and to become void on payment of it. Special care should be taken to have them signed, sealed, delivered, and properly acknowledged, with the proper seal attached. All kinds of property, real or personal, which are capable of an absolute sale, may be the subject of a mortgage.
Mortgages of personal property need not be under seal. In the absence of stipulation to the contrary, the mortgagee of personal property has the legal title thereto, and the right of possession, and he may have an action against any one taking them from the mort- gagor. And although the mortgage contains no express stipulation that the mortgagor shall remain in possession until default of pay- ment, and with a power to sell for the mortgagee's debt, the mort- gagee may nevertheless sustain trover against an officer attaching the goods as the property of the mortgagor.
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DIGEST OF STATE LAWS.
A mortgage must be in writing when it is intended to convey the legal title. It must be in one single deed which contains the whole contract.
Redemption must be made within one year from the sale. Where, however, the mortgagee takes the property for an absolute discharge of the debt, then the equity or right of redemption is barred. Satisfaction, or release of a mortgage, may be made on the margin of the record, or by an instrument duly acknowledged. The wife need not join in this release.
TRUST DEEDS.
Trust deeds are taken generally in preference to mortgages, especially by non-residents, for in case of foreclosure under the power of sale there can be no redemption. Advertisement, sale, and deed is made by the trustee.
Mortgages of personal property, or chattel mortgages, can be given for a period of only two years, and cannot be renewed or extended. Acknowledgment may be had before a Justice of the Peace of the town or district in which the mortgagor resides. If the mortgagor is a non-resident, then before any officer authorized by law to take acknowledgments. Foreclosures may be effected upon default, and possession, and sale of the property taken and made; any delay will invalidate the mortgagee's lien.
LIENS.
Any person who shall by contract, expressed or implied, or partly both, with the owner of any lot or tract of land, furnish labor or material, or services as an architect or superintendent, in building, altering, repairing, or ornamenting any house, or other building or appurtenance thereto on such lot, or upon any street or alley, and connected with such improvements, shall have a lien upon the whole of such lot or tract of land, and upon such house or building and appurtenances for the amount due him for labor, material or services. If the contract is expressed, and the time for the completion of the work is beyond three years from the com- mencement thereof; or, if the time of payment is beyond one year from the time stipulated for the completion of the work, then no lien exists. If the contract is implied, then no lien exists, unless the work be done, or material furnished, within one year from the commencement of the work or delivery of the material. As
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DIGEST OF STATE LAWS.
between different creditors having liens, no preference is given to the one whose contract was made first; but each shares pro rata. Incumbrances existing upon the lot or tract of the land at the time the contract is made do not operate on the improvements, and are only preferred to the extent of the value of the land at the time of making the contract. The above lien cannot be enforced unless suit is commenced within six months after the last payment for labor or materials shall have become due and payable. Sub-con- tractors, mechanics, workmen, and other persons furnishing any material, or performing any labor for a contractor, as above speci- fied, have a lien to the extent of the amount due the contractor at the time the following notice was served upon the owner of the land who made the contract:
To - -: You are hereby notified that I have been employed by - - [here state whether to labor or to furnish material, and substantially the nature of the demand] upon your [here state in general terms description and situation of building], and that I shall hold the [building, or as the case may be], and your interest in the ground liable for the amount that may [is or may become] due me on account thereof. [Signature]
Dated,
If there is a contract in writing between contractor and sub-con- tractor, a copy of it should be served with the above notice, and such notice must be served within forty days from the completion of such sub-contract, if there is one; if not, then from the time pay- ment should have been made to the person performing the labor or furnishing the material. If the owner is not a resident of the county, or cannot be found therein, then the above notice must be filed with the Clerk of the Circuit Court, with his fee, fifty cents, and a copy of such notice must be published in a newspaper pub- lished in the county for four successive weeks.
When the owner or agent is notified as above he can retain any money due the contractor sufficient to pay such claim; if more than one claim, and not enough to pay all, they are to be paid pro rata.
The owner has a right to demand in writing a statement of the contractor, of what he owes for labor, etc., from time to time as the work progresses.
The liens referred to cover any and all estates, whether in fee for
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DIGEST OF STATE LAWS.
life, for years, or any other interest which the owner may have.
To enforce the liens of sub-contractors, suit must be commenced within three months from the time of the performance of the sub- contract, or during the work or furnishing materials.
Hotel, inn and boarding-house keepers have a lien upon the baggage and other valuables of their guests or boarders brought into such hotel, inn, or boarding-house, by their guests or boarders for the proper charges due from such guests or boarders for their accommodation, board and lodging, and such extras as are furnished at their request.
Stable-keepers and other persons have a lien upon the horses, carriages and harness kept by them for the proper charges dne for the keeping thereof, and expenses bestowed thereon at the request of the owner, or the person having the possession of the same.
Agisters (persons who take care of cattle belonging to others) and persons keeping, yarding, feeding, or pasturing domestic ani- mals shall have a lien upon the animals agistered, kept, yarded or fed for the proper charges due for such service.
All persons who may furnish any railroad corporation in this State with fuel, ties, material, supplies, or any other article or thing necessary for the construction, maintenance, operation or repair of its road by contraet, or may perform work or labor for the same, are entitled to be paid as part of the current expenses of the road, and have a lien upon all its property. Sub-contractors or laborers have also a lien. The conditions and limitations, both as to contractors and to sub-contractors, are about the same as herein stated, as to general liens.
BILL OF SALE.
A bill of sale is a written agreement to another party for a con- sideration to convey his right and interest in the personal property. The purchaser must take actual possession of the property. Juries have power to determine upon the fairness or unfairness of a bill of sale.
COMMON FORM OF BILL OF SALE.
KNOW ALL MEN by this instrument, that I, B. F. Lewis, of Chi- eago, Illinois, of the first part, for and in consideration of six hun- dred and fifty dollars, to me paid by Columbus C. Chapman, Astoria, Illinois, of the second part, the receipt whereof is hereby acknowledged, have sold, and by this instrument do convey unto
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DIGEST OF STATE LAWS.
the said Chapman, party of the second part, his executors, admin- istrators, and a signs, my undivided half of ten acres of corn on my farm in the town of Deer Creek, Illinois; one pair of horses, twenty sheep, and five cows, belonging to me, and in my possession at the farm aforesaid; to have and to hold the same unto the party of the second part, his executors and assigns, forever. And I do, for myself and legal representatives, agree with the said party of the second part, and his legal representatives, to warrant and defend the sale of the aforementioned property and chattels unto the said party of the second part, and his legal representatives, against all and every person whatsoever.
In witness whereof I have hereunto affixed my hand this tenth day of October, one thousand eight hundred and seventy-nine.
B. F. LEWIS.
DAYS OF GRACE.
No check, draft, bill of exchange, promissory note, order, or negotiable instrument, payable at sight or on demand, or on pre- sentment, shall be entitled to days of grace. All other bills of exchange, drafts or notes are entitled to three days of grace. All the above-mentioned paper falling due on Sunday, New Year's day, Fourth of July, Christmas, or any day appointed or recommended by the President of the United States or Governor of the State as a day of fasting or thanksgiving, shall be deemed as due on the day previous; and should two or more of these days come together, then such instrument shall be treated as due on the day previous to the first of said days.
LIMITATION OF ACTION.
The limit of time in which action may be brought on certain things is as follows: Open accounts, five years; notes and written contracts, ten years; judgments, twenty years; partial payments or new promise in writing, within or after said period, will revive the debt; absence from the State deducted, and when the cause of action is barred by the law of another State, it has the same effect here; assault, slander, libel, replevin, one year; personal injuries, two years; to recover land or make entry thereon, twenty years; and sealed and witnessed instruments, as action to foreclose mortgage or trust deed, within ten years. All persons in possession of land, and paying taxes for seven consecutive years, with color of title, and all persons paying taxes for seven consecutive years, with color of title, on vacant land, shall be held to be the legal owners to the extent of their paper title.
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DIGEST OF STATE LAWS.
RECEIPTS.
Receipts should always state when received and what for; and if receipt is in full it should be so stated. We give two forms:
FOR MONEY ON ACCOUNT.
Received, Knoxville, Ill., Nov. 10, 1878, of J. C. Cover, sixty dollars on account. $60. J. H. FRANKLIN.
FOR MONEY ADVANCED ON A CONTRACT.
$100.
GALESBURG, ILL., June 9, 1868.
Received of Fernando Ross, one hundred dollars, in advance, on contract to build for him a brick house at No. 76 Kellogg street. SAMUEL J. CHAPMAN.
EXEMPTIONS FROM FORCED SALES.
The following personal property and home worth $1,000,-Lot of ground and buildings thereon, occupied as a residence by the debtor, being a householder and having a family, to the value of $1,000. Exemption continues after the death of the householder for the benefit of the widow and family, some of them occupying the homestead until the youngest shall become twenty-one years of age, and until the death of the widow. There is no exemption from sale for taxes, assessments, debt or liability incurred for the purchase or improvement of said homestead. No release or waiver of exemption is valid unless in writing and subscribed by such householder and wife (if he has one), and acknowledged as conveyances of real estate are required to be acknowledged.
The following articles of personal property owned by the debtor are exempt from execution, writ of attachment, and distress for rent: The necessary wearing apparel, Bibles, school-books and family pic- tures of every person; and one hundred dollars'worth of other prop- erty, to be selected by the debtor, and in addition, when the debtor is the head of a family and resides with the same, three hundred dol- lars' worth of other property to be selected by the debtor,-provided that such selection and exemption shall not be made by the debtor or allowed to him or her from any money, salary or wages due him or her from any person or persons or corporations whatever. When the head of the family dies, deserts, or does not reside with the same, the family shall be entitled to and receive all the benefit and priv- ilege which are by this act conferred upon the head of a family residing with the same. No personal property is exempt from exe-
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DIGEST OF STATE LAWS.
cution when judgment is obtained for the wages of laborers or ser- vants. Wages of a laborer who is the head of a family cannot be garnisheed except for the sum due him in excess of $25.
LANDLORDS AND TENANTS.
The principal obligation on the part of a landlord, which is in ยท fact always to be implied as a necessary condition to his receiving . any rent, is, that the tenant shall enjoy the quiet possession of the premises,-which means, substantially. that he shall not be turned out of possession of the whole or any material part of the premises by any one having a title paramount to that of the landlord, or that the landlord shall not himself disturb or render his occupation un- comfortable by the erection of a nuisance on or near the premises, or otherwise oblige him to quit possession. But if he be ousted by a stranger, -- that is, by one having no title, -- or after the rent has fallen due, or if the molestation proceeds from acts of a third person, the landload is in neither case responsible for it. Another obligation which the law imposes on the landlord, in the absence of any ex- press stipulation in the lease, is the payment of all taxes chargeable upon the property, or any ground rents or interest upon mortgages to which it may be subject. Every landlord is bound to protect his tenant against all paramount claims. And if a tenant is compelled, in order to protect himself. in the enjoyment of the land in respect of which his rent is payable, to make payment which ought, as be- tween himself and his landlord, to have been made by the latter, he may call upon the landlord to reimburse him, or he may deduct such payment from the rent due or to become due. But the land- lord is under no obligation to make repairs, or to rebuild in case the premises should be burned; nor does he guaranty that they are reasonably fit for the purpose for which they are taken. And it is not in the power of a tenant to make repairs at the expense of his landlord, unless there be a special agreement between them author- izing him to do so; for the tenant takes the premises for better or worse, and cannot involve the landlord in expense for repairs without his consent. Even if the premises have become uninhabitable by fire, and the landlord, having insured them, has recovered the insurance money, the tenant cannot compel him to expend the money so recovered in rebuilding, unless he has expressly engaged to do so; nor can he in such an event protect himself from the payment of rent during the unexpired balance of the term, unless exempted
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