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Note: [Kinkade.FTW] Transcribed copy of Martin's will as it appears in the Lawrence County Will Record Book E. In the name of God, Amen! I, Martin Kirkwood of the city of Lawrenceville, in the county of Lawrence and state of Illinois, being of sound mind and disposing memory, do make, declare and publish this my last Will and Testament, in words and figures, following, that is to say; - 1:- It is my will that all my just debts and charges against my estate by fully paid by my executor hereinafter named as soon after my death as is practicable. 2. I give devise and bequeath to my beloved wife, Adaline Kirkwood, the sum of Eight Thousand Dollars; also the West Half of the North East quarter of Section Eleven (11), in Township Three (3) North, Range Twelve (12) West of the Second Principal Meridian, in the county of Lawrence and state of Illinois, which described real estate, shall be held by her for and during her natural life and after her death to descend as hereinafter provided. And further it is my will after my death, my son, Edgar M. Kirkwood, shall cultivate said described lands for and during the lifetime of my said wife, and pay to her the full one-third part of the annual proceeds derived from said described lands during her said lifetime; also the household and kitchen furniture in the home at the time of my demise. And, it is my will that my said wife shall take and receive said above described property and effects, in lieu of all other rights, property and estates of every kind and nature to which she might or could take under the laws of the state of Illinois, as my surviving widow. 3: (omitted) 4:- I give, devise and bequeath to my son Charley Kirkwood, all that part of the South East quarter of the North East quarter of Section Eleven (11), Township Three (3) North, Range Twelve (12) West of the Second Principal Meridian in Lawrence county, Illinois, which is situate south of the right of way of the B. & O. S.W. R.R. Co., as now located; also twenty five (25) acres off of the south end of the east one-fourth of the North West quarter of Section Eleven (11), Township Three (3) North, Range Twelve (12) West of 2nd. P. M. in said county. 5:- I give, devise and bequeath to my son A. L. Kirkwood, all that part of the North West quarter of Section Twelve (12) which is situated north of the right of way of the B. & O. S.W. R.R. and also twenty three acres out of the Shoal Tract, which is situated immediately east and adjoining said last described tract of land, all of which is in Township Three (3) North, Range Twelve (12) West of the Second Principal Meridian, in said county, containing in all forty three (43) acres; also thirteen acres off of the north end of the east one-fourth of the north west quarter of Section Eleven (11), Township Three (3) North, Range Twelve (12) West of the 2nd Principal Meridian in said county of Lawrence. 6:- I give, devise and bequeath to my son Edgar M. Kirkwood, the west half of the North East quarter of Section Eleven (11) Town Three (3) North, Range Twelve (12) west of the 2nd Principal Meridian, subject to the life estate of my said wife, as hereinbefore provided. 7:- In the event my wife, Adaline Kirkwood, should depart this life, prior to my demise, then and in that event, the money and property hereinbefore devised to her shall descend according to provision number eight (8) of this my last will and testament. 8:- All the rest, residue and remainder of my property, real, personal and mixed of which I may die seized or possessed, or to which in any way or manner I may be entitled to, by devise or otherwise, shall descend to my three sons, Charley Kirkwood, A. L. Kirkwood, and Edgar M. Kirkwood, or their heirs, if either, or all of them should die before my death, in equal parts, to share and share alike. 9: - If oil or gas, or either thereof is discovered on said described lands, or any tract or part of any tract thereof at any time within fifteen (15) years from the date hereinafter written, it is my will that the oil royalties and gas rentals produced and derived therefrom, thereafter, shall be divided equally between my three sons Charley Kirkwood, A. L. Kirkwood and Edgar M. Kirkwood, to share and share alike, anything hereinbefore written to the contrary notwithstanding. Lastly: - I nominate and appoint, Charley Kirkwood, A. L. Kirkwood and Edgar M. Kirkwood, my said sons, Executors of this my last will and testament, or in the event of the death or inability or refusal to serve as such executor of any or either of them, then the survivors of them and those who are willing to serve, and hereby direct that they or either of them qualifying as such executors shall be permitted to serve as such executor or executors without bond, hereby revoking all former wills. In witness whereof, I have hereunto set my hand and affixed my seal this the Third Day of November, in the year of our Lord One Thousand Nine Hundred Nine. Martin Kirkwood (seal) Witnessed by: Charles F. Breen Lawrenceville, Illinois J. H. Tewalt Lawrenceville, Illinois David Hipsher Lawrenceville, Illinois (spelled Hepshire elsewhere) In the 1900 census, Martin's birth is given as February 1846. SOURCES: June 1, 1880 U.S. Census of Lawrence Township, Lawrence, Illinois, page 3. June 6, 1900 U.S. Census of Lawrence Township, Lawrence, Illinois, E.D. 113, sheet 3B.
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