The History of McLean County, Illinois; portraits of early settlers and prominent men, Part 14

Author: Le Baron, Wm., Jr. & Co., Chicago, Pub
Publication date: 1879
Publisher: Chicago : W. Le Baron, Jr.
Number of Pages: 1092

USA > Illinois > McLean County > The History of McLean County, Illinois; portraits of early settlers and prominent men > Part 14

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

It is further agreed, that if the said Doyle shall fail to perform the whole or any one of the above mentioned covenants, then and in that case the said David Patton may declare this lease terminated, by giving three months' notice of the same, prior to the first of October of any year, and may distrain any part of the stock, goods, or chattels, or other property in possession of said Doyle, for sufficient to compensate for the non-performance of the above written covenants, the same to be deter- mined, and amounts so to be paid to be determined, by three arbitrators, chosen as follows: Each of the parties to this instrument to choose one,

150

ABSTRACT OF ILLINOIS STATE LAWS.

and the two so chosen to select a third ; the decision of said arbitrators to be final.

In witness whereof, we have hereto set our hands and seals.

Signed, sealed, and delivered

in presence of JAMES WALDRON.

DAVID PATTON. [L.s.]

JOHN DOYLE. [L.s.]

FORM OF LEASE OF A HOUSE.

THIS INSTRUMENT, made the first day of October, 1875, witnesseth that Amos Griest of Yorkville, County of Kendall, State of Illinois, hath rented from Aaron Young of Logansport aforesaid, the dwelling and lot No. 13 Ohio Street, situated in said City of Yorkville, for five years from the above date, at the yearly rental of Three Hundred dollars, pay- able monthly, on the first day of each month, in advance, at the residence of said Aaron Young.

At the expiration of said above mentioned term, the said Griest agrees to give the said Young peaceable possession of the said dwelling, in as good condition as when taken, ordinary wear and casualties excepted.

In witness whereof, we place our hands and seals the day and year aforesaid.

Signed, sealed and delivered in presence of

AMOS GRIEST. [L.S.]

NICKOLAS SCHUTZ,

AARON YOUNG. [L.S.]

Notary Public.

LANDLORD'S AGREEMENT.

THIS certifies that I have let and rented, this first day of January, 1876, unto Jacob Schmidt, my house and lot, No. 15 Erie Street, in the City of Chicago, State of Illinois, and its appurtenances ; he to have the free and uninterrupted occupation thereof for one year from this date, at the yearly rental of Two Hundred dollars, to be paid monthly in advance ; rent to cease if destroyed by fire, or otherwise made untenantable.

PETER FUNK.

TENANT'S AGREEMENT.

THIS certifies that I have hired and taken from Peter Funk, his house and lot, No. 15 Erie Street, in the City of Chicago, State of Illi- nois, with appurtenances thereto belonging, for one year, to commence this day, at a yearly rental of Two Hundred dollars, to be paid monthly in advance ; unless said house becomes untenantable from fire or other causes, in which case rent ceases ; and I further agree to give and yield said premises one year from this first day of January 1876, in as good condition as now, ordinary wear and damage by the elements excepted.

Given under my hand this day.

JACOB SCHMIDT.

151

ABSTRACT OF ILLINOIS STATE LAWS.

NOTICE TO QUIT.

To F. W. ARLEN,

Sir : Please observe that the term of one year, for which the house and land, situated at No. 6 Indiana Street, and now occupied by you, were rented to you, expired on the first day of October, 1875, and as I desire to repossess said premises, you are hereby requested and required to vacate the same. Respectfully Yours,

P. T. BARNUM.

LINCOLN, NEB., October 4, 1875.

TENANT'S NOTICE OF LEAVING.

DEAR SIR :

The premises I now occupy as your tenant, at No. 6 Indiana Street, I shall vacate on the first day of November, 1875. You will please take notice accordingly.

Dated this tenth day of October, 1875. F. W. ARLEN. To P. T. BARNUM, EsQ.

REAL ESTATE MORTGAGE TO SECURE PAYMENT OF MONEY.

THIS INDENTURE, made this sixteenth day of May, in the year of our Lord, one thousand eight hundred and seventy-two, between William Stocker, of Peoria, County of Peoria, and State of Illinois, and Olla, his wife, party of the first part, and Edward Singer, party of the second part.

Whereas, the said party of the first part is justly indebted to the said party of the second part, in the sum of Two Thousand dollars, secured to be paid by two certain promissory notes (bearing even date herewith) the one due and payable at the Second National Bank in Peoria, Illinois, with interest, on the sixteenth day of May, in the year one thousand eight hundred and seventy-three; the other due and payable at the Second National Bank at Peoria, Ill., with interest, on the sixteenth day of May, in the year one thousand eight hundred and seventy-four.

Now, therefore, this indenture witnesseth, that the said party of the first part, for the better securing the payment of the money aforesaid, with interest thereon, according to the tenor and effect of the said two promissory notes above mentioned ; and, also in consideration of the fur- ther sum of one dollar to them in hand paid by the said party of the sec- ond part, at the delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, and conveyed, and by these presents do grant, bargain, sell, and convey, unto the said party of the second part, his heirs and assigns, forever, all that certain parcel of land, situate, etc.

[ Describing the premises.]

To have and to hold the same, together with all and singular the Tenements, Hereditaments, Privileges and Appurtenances thereunto

152

ABSTRACT OF ILLINOIS STATE LAWS.

belonging or in any wise appertaining. And also, all the estate, interest, and claim whatsoever, in law as well as in equity which the party of the first part have in and to the premises hereby conveyed unto the said party of the second part, his heirs and assigns, and to their only proper use, benefit and behoof. And the said William Stocker, and Olla, his wife, party of the first part, hereby expressly waive, relinquish, release, and convey unto the said party of the second part, his heirs, executors. administrators, and assigns, all right, title, claim, interest, and benefit whatever, in and to the above described premises, and each and every part thereof, which is given by or results from all laws of this state per- taining to the exemption of homesteads.

Provided always, and these presents are upon this express condition, that if the said party of the first part, their heirs, executors, or adminis- trators, shall well and truly pay, or cause to be paid, to the said party of the second part, his heirs, executors, administrators, or assigns, the afore- said sums of money, with such interest thereon, at the time and in the manner specified in the above mentioned promissory notes, according to the true intent and meaning thereof, then in that case, these presents and every thing herein expressed, shall be absolutely null and void.

In witness whereof, the said party of the first part hereunto set their hands and seals the day and year first above written.

Signed, sealed and delivered in presence of

JAMES WHITEHEAD,

FRED. SAMUELS.

WILLIAM STOCKER. [L.s.]

OLLA STOCKER. [L.S.]

WARRANTY DEED WITH COVENANTS.

THIS INDENTURE, made this sixth day of April, in the year of our Lord one thousand eight hundred and seventy-two, between Henry Best of Lawrence, County of Lawrence, State of Illinois, and Belle, his wife, of the first part, and Charles Pearson of the same place, of the second part,

Witnesseth, that the said party of the first part, for and in consideration of the sum of Six Thousand dollars in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, have granted, bargained, and sold, and by these presents do grant, bargain, and sell, unto the said party of the second part, his heirs and assigns, all the fol- lowing described lot, piece, or parcel of land, situated in the City of Law- rence, in the County of Lawrence, and State of Illinois, to wit :

[Here describe the property.]

Together with all and singular the hereditaments and appurtenances thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof ; and all the estate, right, title, interest, claim, and demand whatsoever, of the said party of the nrst part, either in law or equity, of, in, and to the

153

ABSTRACT OF ILLINOIS STATE LAWS.

above bargained premises, with the hereditaments and appurtenances. To have and to hold the said premises above bargained and described, with the appurtenances, unto the said party of the second part, his heirs and assigns, forever. And the said Henry Best, and Belle, his wife, par- ties of the first part, hereby expressly waive, release, and relinquish unto the said party of the second part, his heirs, executors, administrators, and assigns, all right, title, claim, interest, and benefit whatever, in and to the above described premises, and each and every part thereof, which is given by or results from all laws of this state pertaining to the exemption of homesteads.

And the said Henry Best, and Belle, his wife, party of the first part, for themselves and their heirs, executors, and administrators, do covenant, grant, bargain, and agree, to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents they were well seized of the premises above conveyed, as of a good, sure, perfect, absolute, and indefeasible estate of inheritance in law, and in fee simple, and have good right, full power, and lawful anthority to grant, bargain, sell, and convey the same, in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, and encumbrances of what kind or nature soever ; and the above bargained premises in the quiet and peaceable possession of the said party of the second part, his heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will warrant and forever defend.

In testimony whereof, the said parties of the first part have hereunto set their hands and seals the day and year first above written.

Signed, sealed and delivered

in presence of

JERRY LINKLATER.

HENRY BEST, [L.s.]

BELLE BEST. [L.s.]

QUIT-CLAIM DEED.

THIS INDENTURE, made the eighth day of June, in the year of our Lord one thousand eight hundred and seventy-four, between David Tour, of Plano, County of Kendall, State of Illinois, party of the first part, and Larry O'Brien, of the same place, party of the second part,

Witnesseth, that the said party of the first part, for and in considera- tion of Nine Hundred dollars in hand paid by the said party of the sec- ond part, the receipt whereof is hereby acknowledged, and the said party of the second part forever released and discharged therefrom, has remised, released, sold, conveyed, and quit-claimed, and by these presents does remise, release, sell, convey, and quit-claim, unto the said party of the second part, his heirs and assigns, forever, all the right, title, interest,

154

ABSTRACT OF ILLINOIS STATE LAWS.

claim, and demand, which the said party of the first part has in and to the following described lot, piece, or parcel of land, to wit :

[Here describe the land.]

To have and to hold the same, together with all and singular the appurtenances and privileges thereunto belonging, or in any wise there- unto appertaining, and all the estate, right, title, interest, and claim whatever, of the said party of the first part, either in law or equity, to the only proper use, benefit, and behoof of the said party of the second part, his heirs and assigns forever.

In witness whereof the said party of the first part hereunto set his hand and seal the day and year above written.

DAVID TOUR. [L.S.] Signed, sealed and delivered

in presence of THOMAS ASHLEY.

The above forms of Deeds and Mortgage are such as have heretofore been generally used, but the following are much shorter, and are made equally valid by the laws of this state.

WARRANTY DEED.

The grantor (here insert name or names and place of residence), for and in consideration of (here insert consideration) in hand paid, conveys and warrants to (here insert the grantee's name or names) the following described real estate (here insert description), situated in the County of - - in the State of Illinois.

Dated this -- day of - A. D. 18 -.

QUIT CLAIM DEED.

The grantor (here insert grantor's name or names and place of resi- dence). for the consideration of (here insert consideration) convey and quit-claim to (here insert grantee's name or names) all interest in the following described real estate (here insert description), situated in the County of - in the State of Illinois.

Dated this - day of - - A. D. 18 ----.

MORTGAGE.

The mortgagor (here insert name or names) mortgages and warrants to (here insert name or names of mortgagee or mortgagees), to secure the payment of (here recite the nature and amount of indebtedness, showing when due and the rate of interest, and whether secured by note or other- wise), the following described real estate (here insert description thereof), situated in the County of - - in the State of Illinois.

Dated this -- day of -- A. D. 18- --.

RELEASE.

KNOW ALL MEN by these presents, that I, Peter Ahlund, of Chicago, of the County of Cook, and State of Illinois, for and in consideration of One dollar, to me in hand paid, and for other good and valuable considera-

155

ABSTRACT OF ILLINOIS STATE LAWS.

tions, the receipt whereof is hereby confessed, do hereby grant, bargain, remise, convey, release, and quit-claim unto Joseph Carlin of Chicago. of the County of Cook, and State of Illinois, all the right, title, interest. claim, or demand whatsoever, I may have acquired in, through, or by a certain Indenture or Mortgage Deed, bearing date the second day of Jan- uary, A. D. 1871, and recorded in the Recorder's office of said county, in book A of Deeds, page 46, to the premises therein described, and which said Deed was made to secure one certain promissory note, bearing even date with said deed, for the sum of Three Hundred dollars.

Witness my hand and seal, this second day of November, A. D. 1874. PETER AHLUND. [L.S.]

State of Illinois, Cook County ..

VOTARIA 7 SL'AL.

{ s. I, George Saxton, a Notary Public in and for said county, in the state aforesaid, do hereby certify that Peter Ahlund, personally known to me as the same person whose name is subscribed to the foregoing Release, appeared before me this day in person, and acknowledged that he signed, sealed, and delivered the said instrument of writing as his free and voluntary act, for the uses and purposes therein set forth.

Given under my hand and seal, this second day of November, A. D. 1874.

GEORGE SAXTON, N. P.

GENERAL FORM OF WILL FOR REAL AND PERSONAL PROPERTY.

I, Charles Mansfield, of the Town of Salem, County of Jackson, Srate 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 unto my oldest son, Sidney H. Mansfield, the sum of Two Thousand Dollars, of bank stock, now in the Third National Bank of Cincinnati, Ohio, and the farm owned by myself in the Town of Buskirk, 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, Anna Louise Mansfield and Ida Clara Mansfield, each Two Thousand dollars in bank stock, in the Third National Bank of Cincinnati, Ohio, and also each one quarter section of land, owned by myself, situated in the Town of Lake, Illinois, and recorded in my name in the Recorder's office in the county where such land is located. The north one hundred and sixty acres of said half section is devised to my eldest daughter, Anna Louise.

156

ABSTRACT OF ILLINOIS STATE LAWS.

Third. I give, devise and bequeath to my son, Frank Alfred Mans- field, Five shares of Railroad stock in the Baltimore and Ohio Railroad, and my one hundred and sixty acres of land and saw mill thereon, situ- ated in Manistee, Michigan, with all the improvements and appurtenances thereunto belonging, which said real estate is recorded in my name in the county where situated.

Fourth. I give to my wife, Victoria Elizabeth Mansfield, all my household furniture, goods, chattels, and personal property, about my home, not hitherto disposed of, including Eight Thousand dollars of bank stock in the Third National Bank of Cincinnati, Ohio, Fifteen shares in the Baltimore and Ohio Railroad, and the free and unrestricted use, pos- session, and benefit 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, Elijah H. Mansfield, the income from rents of my store building at 145 Jackson Street, Chicago, Illinois, during the term of his natural life. Said building and land there- with to revert to my said sons and daughters in equal proportion, upon the demise of my said father.

Sixth. It is also my will and desire that, at the death of my wife, Victoria Elizabeth Mansfield, or at any time when 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 nominate and appoint as executors of this my last will and testament, my wife, Victoria Elizabeth Mansfield, and my eldest son, Sidney H. Mansfield.

I further direct that my debts and necessary funeral expenses shall be paid from moneys now on deposit in the Savings Bank of Salem, the residue of such moneys to revert to my wife, Victoria Elizabeth Mansfield, for her use forever.

In witness whereof, I, Charles Mansfield, to this my last will and testament, have hereunto set my hand and seal, this fourth day of April, eighteen hundred and seventy-two.

Signed, sealed, and declared by Charles Mansfield, 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.

PETER A. SCHENCK, Sycamore, Ills.

FRANK E. DENT, Salem, Ills. -

CHARLES MANSFIELD. [L.S.]

157

ABSTRACT OF ILLINOIS STATE LAWS.

CODICIL.

Whereas I, Charles Mansfield, did, on the fourth day of April, one thousand eight hundred and seventy-two, make my last will and testa- ment, 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, Anna Louise, has deceased November fifth, eighteen hundred and seventy-three, and whereas, a son has been born to me, which son is now christened Richard Albert Mansfield, 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, Anna Louise, in the body of this will.

In witness whereof, I hereunto place my hand and seal, this tenth day of March, eighteen hundred and seventy-five.

Signed, sealed, published, and declared to )

us by the testator, Charles Mansfield, 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 sub- scribed our names as witnesses thereto, at the date hereof.

FRANK E. DENT, Salem, Ills.

JOHN C. SHAY, Salem, Ills.

CHARLES MANSFIELD. [L.S.]

CHURCH ORGANIZATIONS

May be legally made by electing or appointing, according to the usages or customs of the body of which it is a part, at any meeting held for that purpose, two or more of its members as trustees, wardens or vestrymen, and may adopt a corporate name. The chairman or secretary of such meeting shall, as soon as possible, make and file in the office of the recorder of deeds of the county, an affidavit substantially in the following form : STATE OF ILLINOIS,

County. SS.

I, -, do solemnly swear (or affirm, as the case may be), that at a meeting of the members of the (here insert the name of the church, society or congregation as known before organization), held at (here insert place of meeting), in the County of -, and State of Illinois, on the - day of -, A.D. 18-, for that purpose, the fol- lowing persons were elected (or appointed) [here insert their names] trustees, wardens, vestrymen, (or officers by whatever name they may choose to adopt, with powers similar to trustees) according to the rules and usages of such (church, society or congregation), and said

158

ABSTRACT OF ILLINOIS STATE LAWS.

adopted as its corporate name (here insert name), and at said meeting this affiant acted as (chairman or secretary, as the case may be).

Subscribed and sworn to before me, this - day of -, A.D. 18 --.

Name of Affiant

which affidavit must be recorded by the recorder, and shall be, or a certi- fied copy made by the recorder. received as evidence of such an incorpo- ration.

No certificate of election after the first need be filed for record.

The term of office of the trustees and the general government of the society can be determined by the rules or by-laws adopted. Failure to elect trustees at the time provided does not work a dissolution, but the old trustees hold over. A trustee or trustees may be removed, in the same manner by the society as elections are held by a meeting called for that purpose. The property of the society vests in the corporation. The corporation may hold, or acquire by purchase or otherwise, land not. exceeding ten acres, for the purpose of the society. The trustees have the care, custody and control of the property of the corporation, and can, when directed by the society, erect houses or improvements, and repair and alter the same, and may also when so directed by the society, mortgage, encumber, sell and convey any real or personal estate belonging to the corporation, and make all proper contracts in the name of such corporation. But they are prohibited by law from encumbering or inter- fering with any property so as to destroy the effect of any gift, grant. devise or bequest to the corporation ; but such gifts, grants, devises or bequests, must in all cases be used so as to carry out the object intended by the persons making the same. Existing societies may organize in the manner herein set forth, and have all the advantages thereof.

SUGGESTIONS TO THOSE PURCHASING BOOKS BY SUBSCRIPTION.

The business of publishing books by subscription having so often been brought into disrepute by agents making representations and declarations not authorized by the publisher ; in order to prevent that as much as possi- ble, and that there may be more general knowledge of the relation such agents bear to their principal, and the law governing such cases, the fol- lowing statement is made :

A subscription is in the nature of a contract of mutual promises, by which the subscriber agrees to pay a certain sum for the work described ; the consideration is concurrent that the publisher shall publish the book named, and deliver the same, for which the subscriber is to pay the price named. The nature and character of the work is described in the prospectus and by the sample shown. These should be carefully examined before sub- scribing, as they are the basis and consideration of the promise to pay,

159

ABSTRACT OF ILLINOIS STATE LAWS.

and not the too often exaggerated statements of the agent, who is merely employed to solicit subscriptions, for which he is usually paid a commission for each subscriber, and has no authority to change or alter the conditions upon which the subscriptions are authorized to be made by the publisher. Should the agent assume to agree to make the subscription conditional or modify or change the agreement of the publisher, as set out by prospectus and sample, in order to bind the principal, the subscriber should see that such conditions or changes are stated over or in connection with his signa- ture, so that the publisher may have notice of the same.

All persons making contracts in reference to matters of this kind, or any other business, should remember that the law as to written contracts is, that they can not be varied, altered or rescinded verbally, but if done at all, must be done in writing. It is therefore important that all persons contem- plating subscribing should distinctly understand that all talk before or after the subscription is made, is not admissible as evidence, and is no part of the contract.

Persons employed to solieit subscriptions are known to the trade as canvassers. They are agents appointed to do a particular business in a prescribed mode, and have no authority to do it in any other way to the prejudice of their principal, nor can they bind their principal in any other matter. They can not collect money, or agree that payment may be made in anything else but money. They can not extend the time of payment beyond the time of delivery, nor bind their principal for the payment of expenses incurred in their buisness.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

The History of McLean County, Illinois; portraits of early settlers and prominent men, Part 14

Author: Le Baron, Wm., Jr. & Co., Chicago, Pub Publication date: 1879 Publisher: Chicago : W. Le Baron, Jr. Number of Pages: 1092

Author: Le Baron, Wm., Jr. & Co., Chicago, Pub
Publication date: 1879
Publisher: Chicago : W. Le Baron, Jr.
Number of Pages: 1092