Joseph W. Kesterson

Transcribed and contributed by Edity Reeves
November 1844 - 10 December 1910
I, Joseph W. Kesterson, of the Town of Newburg, County of Pike and State of Illinois, being of sound and disposing mind and memory, do make, publish and declare this to be my last will and testament in manner and form following, to-wit: First : it is my will that my funeral expenses and just debts be fully paid. Second : After the payment of my funeral expenses and just debts, except debts now secured by mortgages on my real estate, I give and bequeath to my wife, Emily Kesterson, all of my personal property, of whatsoever kind or nature and wherever situated. This bequest is made, and it is my will that my wife accept the same, in lieu of a widow's award. Third : I give and devise a life estate in and to all the real estate of which I may die seized or possessed and wherever situated, to my wife, Emily Kesterson. My wife shall keep up the improvements on my said real estate, pay the taxes thereon and pay the interest on my indebtedness now secured by a mortgage on my real estate. This devise is made, and it is my will that my wife accept the same, in lieu of her homestead and dower interests in and to my real estate. Fourth : After the death of my wife, Emily Kesterson, I give and devise the north-east quarter of the north-east quarter of section sixteen and the east one-half of the north-west quarter of the north-east quarter of section sixteen, both in township five south, range three west of the fourth principal meridian, Pike County, Illinois, to my children, Albert R. Kesterson, Laura Padkins and Madge Muckenstrum, in equal shares, upon the express condition that they pay off two-fifths of my indebtedness now secured by a mortgage on my real estate. Fifth : After the death of my wife, Emily Kesterson, I give and devise the south-east quarter of the south-east quarter of section nine and the east one-half of the south-west quarter of the south-east quarter of section nine, both in township five south, range three west of the fourth principal meridian, Pike County, Illinois, to my children Delmar Kesterson and Joseph Kesterson, in equal shares, upon the express condition that they pay off three-fifths of my indebtedness now secured by a mortgage on my real estate and provided further that they pay the bequest provided in clause sixth of this my last will and testament. Sixth : I give and bequeath one hundred dollars to each of my grandchildren, Lulu Sanders and Theodore Kellogg. Said grandchildren to secure the payment of this bequest shall have a lien upon the real estate devised in clause fifth of this my last will and testament. This bequest shall be paid within one year after the death of my wife, Emily Kesterson. Seventh : It is my will and I direct that the Judge of the Probate Court appoint my son, Delmar Kesterson, executor of this my last will and testament without bond.
Dated at Pittsfield, Illinois this 8th of September, A. D., 1910.
[Signed Joseph W Kesterson; Seal]
The above and foregoing instrument consisting of about one and one-third sheets of paper, type-written on one side only, was at the date there signed, sealed, published and declared by the said Joseph W. Kesterson, 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 subscribed our names as witnesses thereto, believing the said Joseph W. Kesterson to be, at the time of subscribing our names as witnesses as aforesaid of sound mind and memory.
Witnesses:
[Signed W S Binns] residing in Pittsfield, Illinois
[Signed HD Crain(?)] residing in Pittsfield, Illinois.
Petition for probate of Will and Letters Testamentary
Pike County Democrat Print.
PETITION OF Delmer Kesterson in the Matter of the Last Will and Testament of Joseph W. Kesterson Deceased, for Probate of Will and Letters Testamentary.
To the Hon Paul F. Grote Judge of the County Court of Pike County, in the State of Illiinois:
The petition of the undersigned Delmer Kesterson respectfully represents that Joseph W. Kesterson who was at the time of his death a resident of the County of Pike, State of Illiinois, departed this life at Pittsfield in Pike County, State of Illinois, on or about the 10th day of December A. D. 1910 leaving a Last Will and Testament, duly signed, published and attested, as believed by your petitioner, and which by petitioner is herewith presented to your Honor for Probate. That said will is subscribed by W. S. Binns and S. D. Crane as witnesses to the execution thereof. That said Testator in his said last Will nominated and appointed Delmer Kesterson your petitioner Executor thereof, and that your petitioner is willing and ready to accept and undertake the office and trust confided to him. And this petition further shows the said Joseph W. Kesterson seized and possessed of Real Estate, valued at about seven thousand two hundred ($7200.00) Dollars, and Personal Property estimated to be worth about five hundred ($500.00) Dollars, That the said deceased left surviving him Emily Kesterson residing at Pittsfield, Ill. his widow, and the following named persons as his only heirs at law and legatees, and their respective places of residence, so far as known, are as follows:
Albert R. Kesterson, son Pittsfield, Illinois
Laura Padkins, daughter Pittsfield, Illinois
Madge Muckenstrum daughter 1201 S 12th St Burlington IA
Delmer Kesterson, son (petitioner) Pittsfield, Illinois
Joseph Kesterson, son Washington, DC. 217 D St NW
Lulu Sanders granddaughter 1201 S 12th St Burlington IA
Theodore Kellogg, grandson San Dimas, California
In consideration whereof, and to the end that said Will may be proved, established and performed, your petitioner pray that the subscribing witnesses aforesaid may be summoned to be and appear before this Court at the January term thereof, then and there to testify in the manner of said Will, as it may please your honor to direct; and that probate of said Will may be thereupon granted, and the same ordered for record. And your petitioner further pray that it may please your Honor to grand him Letters Testamentary of said last Will and Testament, upon his taking the oath prescribed by the Statute