The history of Adams County Illinois : containing a history of the county - its cities, towns, etc. a biographical directory of its citizens, war record of its volunteers in the late rebellion; general and local statistics, portraits of early settlers and prominent men, Part 29

Author:
Publication date: 1879
Publisher: Chicago : Murray, Williamson & Phelps
Number of Pages: 1254

USA > Illinois > Adams County > The history of Adams County Illinois : containing a history of the county - its cities, towns, etc. a biographical directory of its citizens, war record of its volunteers in the late rebellion; general and local statistics, portraits of early settlers and prominent men > Part 29

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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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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; but 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 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, canse 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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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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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- 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.

Sth. 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 connty. 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-mnill 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 lien 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 nse 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, Ill.

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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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 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 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 traet 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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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 due 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 contract, 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- cago, 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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The history of Adams County Illinois : containing a history of the county - its cities, towns, etc. a biographical directory of its citizens, war record of its volunteers in the late rebellion; general and local statistics, portraits of early settlers and prominent men, Part 29

Author: Publication date: 1879 Publisher: Chicago : Murray, Williamson & Phelps Number of Pages: 1254

Author:
Publication date: 1879
Publisher: Chicago : Murray, Williamson & Phelps
Number of Pages: 1254