USA > Illinois > Pike County > History of Pike County, Illinois : together with sketches of its cities, villages and townships, educational, religious, civil, military, and political history, portraits of prominent persons and biographies of representative citizens > Part 86
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ARTICLES OF AGREEMENT.
An agreement is virtually a contract by which a certain person (or persons) agrees or contracts to perform certain duties within a specified time. Good business men always reduce an agreement to writing, which nearly always saves misunderstandings and long and expensive lawsuits. No particular form is necessary, but the facts must be clearly and explicitly stated; and there must be a reasonable consideration, else the agreement is void.
Unless it is expressly stipulated that the agreement is binding for a longer time, the contract expires at the end of one year. Every agreement should state most distinctly the time within which its conditions are to be complied with. A discovery of fraud, or mis- representation by one party to the agreement, or changing of the date, renders the contract void. Each party should retain a copy of the agreement.
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DIGEST OF STATE LAWS.
GENERAL FORM OF AGREEMENT.
THIS AGREEMENT, made the third day of November, 1878, between Damon Clarke of Macomb, county of McDonough, State of Illinois, of the first part, and William Hays, of the same place, of the second part.
WITNESSETH, That the said Damon Clarke, in consideration of the agreement of the party of the second part, hereinafter contained, contracts, and agrees to, and with the said William Hays, that he will deliver in good and marketable condition, at the city of Gales- burg, Ill., during the month of December of this year, nine hun- dred bushels of corn, in the following lots, and at the following specified times, namely: one hundred bushels by the fifth of Decem- ber, three hundred bushels by the fifteenth of December, and the balance by the thirtieth of December.
And the said William Hays in consideration of the prompt ful- fillment of this contract on the part of the party of the second part, contracts to, and agrees with the said Damon Clarke, to pay for said corn fifty cents per bushel as soon as delivered.
In case of failure of agreement by either of the parties hereto, it is hereby stipulated and agreed that the party so failing shall pay to the other, one hundred dollars, as fixed and settled damages.
In witness whereof we have hereunto set our hands the day and year first above written:
DAMON CLARKE, WILLIAM HAYS.
NOTES.
A note is legal, worded in the simplest way, so that the amount and time of payment are mentioned. The following is a good form: $100 CHICAGO, ILL., May 1, 1879.
Thirty days after date I promise to pay F. M. Chapman, or order, one hundred dollars, for value received.
S. T. LEWIS.
To make a note payable in anything else than money, insert the facts instead of the sum of money alone; unless paid when due, it is payable in money. To hold an indorser of a note, due diligence must be used by suit in collecting of the maker, unless suit would have been unavailing. Notes payable to person named or to order, in order to absolutely transfer title, must be indorsed by the payer. Notes payable to bearer may be transferred by delivery, and when so payable, every indorser thereon is held as a guarantor of pay- ment unless otherwise expressed.
The limit of time in which action may be brought on a note is 10 years.
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DIGEST OF STATE LAWS.
If the note is payable to a person or order, or 'to a person or bearer, to a person or his assigns, or to a cashier of an incorporated company, such notes are negotiable.
When transferring a note, the indorser frees himself from respon- sibility, so far as the payment is concerned, by writing on the back, above his signature, without recourse to me in any event.
A note is void when founded upon fraud. Thus a note obtained from a person when intoxicated, or obtained for any reason which is illegal, cannot be collected. A note given on Sunday is also void.
No defense can be made against negotiable paper purchased before maturity for good consideration in the usual course of busi- ness, without knowledge of facts impeaching its validity, except fraud was used in obtaining the same. Thus if A gives his note to B for $150, receives in consideration a shawl and five pieces of cloth. The former was represented to be worth $75, and the cloth the best imported English goods. When, in fact, the shawl was only worth $8, and suits made of the cloth wore out in less than six weeks, long before the note was due. B, however, had sold the note to C, who did not know the circumstances, and before it was due-A would be obliged to pay it.
JUDGMENT NOTE.
For value received I promise to pay Ewing Summers, of Gales- burg, or order, two hundred dollars, with interest, on the first day of January next. And, further, I do hereby empower any attorney of any court of record in Illinois, or elsewhere, to appear for me, and after a declaration filed therefor, to confess a judgment against me in the above sum, as of last, next, or any subsequent term, with cost of suit, release of error, etc., with stay of execution until said first day of January.
Witness my hand and seal at Galesburg, Ill., this sixth day of March, in the year one thousand eight hundred and seventy-nine. JOHN JONES.
[SEAL]
INTEREST.
Interest is the compensation which is paid by the borrower of money to the lender for its use. When the debtor expressly under- takes to pay interest, he is bound to pay it; but if a party has accepted the principal, he cannot recover interest in a separate action. During the course of dealings between parties, a promise to pay is implied, and the debtor is bound to pay. So also on an
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DIGEST OF STATE LAWS.
account stated, whenever the debtor knows precisely what he is to pay, and when he is to pay it, after a demand of payment; but interest is not due on a running account, even when the items are all on one side, unless otherwise agreed upon. Where the terms of a promissory note are that it shall be paid by installments, and on the failure of any installment the whole is to become due, interest on the whole becomes payable from the first default. Where, by the term of a bond or promissory note, interest is to be paid annu- ally, and the principal at a distant day, the interest may be recov- ered before the principal is due.
Interest is collectible in the following cases: For goods sold and delivered after the stipulated term of credit has expired; if there be no credit, then from the time of sale; on judgment debts, from the rendition of judgment; on money obtained by fraud, or where i has been wrongfully detained (for whoever receives money not his own, and detains it from the owner unlawfully, must pay interest therefor: hence a public officer retaining money wrongfully is lia- ble for the interest); on money paid by mistake, or recovered on a void execution; on money lent or laid out for another's use; and rent, from the time that it is due.
When the rate of interest is specified in any contract, that rate continues until full payment is made. A debt barred by the statute of limitations and revived by an acknowledgment bears interest for the whole time.
Computing Interest .- In casting interest on notes, bonds, etc., upon which partial payments have been made, every payment is to be first applied to discharge the interest; but the interest is never allowed to form a part of the principal, so as to carry interest. When a partial payment is made before the debt is due, it cannot be apportioned part to the debt and part to the interest, but at the end interest shall be charged on the whole sum, and the obligor shall receive credit for the interest on the amount paid until the interest becomes due.
The legal rate of interest is six per cent. Parties may agree in writing on a rate not exceeding eight per cent. If a rate of interest greater than eight per cent. is contracted for, the penalty is a for- feiture of the entire interest, and only the principal can be recovered.
In computing interest or discount on negotiable instruments, a
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DIGEST OF STATE LAWS.
month shall be considered a calendar month or twelfth of a year, and for less than a month, a day shall be figured a thirtieth part of a month. Notes bear interest only when so expressed; but after due they draw the legal interest, six per cent., even if not stated.
Notes payable on demand or at sight draw no interest until after presentation or demand of the same has been made, unless they provide for interest from date on their face. If "with interest" is included in the note, it draws the legal rate from the time it is made. If the note is to draw a special rate of interest, higher than the legal, but not higher than the law allows, the rate must be specified.
WILLS.
The legal declaration of a person's mind, determining the man- ner in which he would have his property or estate disposed of after his death, is termed a will. No exact form of words is necessary in order to make a will good at law, though much care should be exercised to state the provisions of the will so plainly that its lan- guage may not be misunderstood.
Every male person of the age of twenty-one years, and every female of the age of eighteen years, of sound mind, can make a valid will. It must be in writing, signed by the testator, or by some one in his or her presence, and by his or her direction, and attested by two or more credible witnesses. Care should be taken that the witnesses are not interested in the will.
The person making the will may appoint his or her executors; bnt no person can serve as such executor if he or she be an alien at the time of proving the will, if he be under twenty-one years of ยท age, a convict, a drunkard, a lunatic, or an imbecile.
Persons knowing themselves to have been appointed executors, must, withiu thirty days after the death of deceased, cause the will to be proved and recorded in the proper county, or present it and refuse to accept. In case of failure to do so, they are liable to for- feit the sum of twenty dollars per month. Inventory to be made by executor or administrator within three months from date of let- ters testamentary or administration.
The person making a will is termed the " testator " (if a female, the " testatrix ").
A will is of no force and effect until the death of the testator,
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DIGEST OF STATE LAWS.
and can be cancelled or modified at any date by the maker. The last will made annuls the force of all preceding wills.
A will made by an unmarried woman is legally revoked by mar- riage; but she can take such legal steps in the settlement of her property before marriage as will empower her to dispose of the same as she may choose after marriage. No husband can make a will that will deprive the wife of her right of dower in the prop- erty; but the husband can will the wife a certain amount, in lieu of her dower, stating it to be in lieu thereof. Such bequest, however, will not exclude her from her dower, provided she prefers it to the bequest made in the will. Unless the husband states distinctly that the bequest is in lieu of dower, she is entitled to both.
In case a married woman possesses property and dies without a will, her husband is entitled to administer upon such property in preference to any one else, provided he be of sound mind.
Notice requiring all claims to be presented against the estate shall be given by the administrator within six months after being qualified. Any person having a claim and not presenting it at the time fixed by said notice, is required to have summons issued noti- fying the executor of having filed his claim in court. Claims should be filed within two years from the time administration is granted on an estate, as after that time they are forever barred, unless other estate be found that was not inventoried. Married women, infants, persons insane, imprisoned, or without the United States, in the employment of the United States, or of this State, have two years after their disabilities are removed to file claims. Claims are classified and paid out of the estate in the fol- lowing manner:
1st. Funeral expenses.
2d. The widow's award, if there is a widow; or children, if there are children and no widow.
3d. Expenses attending the last illness, not including the physi- cian's bill.
4th. Debts due the common school or township fund.
5th. All expenses of proving the will and taking out letters testamentary or of administration, and settlement of the estate, and the physician's bill in the last illness of the deceased.
6th. Where the deceased has received money in trust for any purpose, his executor or administrator shall pay out of his estate the amount received and not accounted for.
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DIGEST OF STATE LAWS.
7th. All other debts and demands of whatsoever kind, without regard to quality or dignity, which shall be exhibited to the court within two years from the granting of letters.
Award to the widow and children, exclusive of debts and legacies or bequests, except funeral expenses :
1st. The family pictures and wearing apparel, jewels and orna- inents 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 Burchard 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, Il].
DESCENT.
When no will is made, 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 thein, 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 the 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 ont 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.
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