WILL AND PROBATE FILE OF STEPHEN W. MILES, SR. James Sennott being duly sworn deposes and says that Stephen W. Miles Senior late of the County of Monroe and State of Illinois, is dead, and that he died on or about the thirty-first day of December A. D. 1859, and his personal estate will probably amount to about $eighty thousand that said Stephen W. Miles, senior left at the time of his decease ---- his widow and Stephen W. Miles and Alonzo Miles his children. (signed) James Sennott. Subscribed and Sworn to before me this third day of January A. D. 1860} C. W. Kettler, Clerk. The last Will and Testament of Stephen W. Miles Of the County of Monroe, State of Illinois. That I Stephen W. Miles, being of sound mind, memory and understanding, after due and serious reflection, on what ought to be right in the deposition of my Estate, do make and publish this my last Will and Testament, in manner and from following, I wish Item 1st I give and bequeath at my decease to my wife Sally A. Miles, the sum of five thousand dollars in addition to the sum of five hundred dollars, which I have already here to fore given her, both said sums to be solely and exclusively for ever, and also while she remains my widow the right of use of my parlor and adjoining bedroom of my dwelling house and the use of all the furniture, belonging thereto, and also a horse saddle and bridle, but should she wish to remove the place of residence from my dwelling house, the right of use to the parlor, bedroom and furniture afore to cease at her removal. The above bequeaths made to the said Sally A. Miles I wish it clearly and distinctly understood, are made and are to be excepted by her in lieu and in place of any right of Dover in my Estate Real and Personal. Stephen W. Miles Item 2nd I give and bequeath to my Grand Daughter Mary Lucretia Miles, the sum of six thousand dollars in cash which sum is to be loaned out at interest upon good real estate security by my executor Stephen W. Miles Jr. or his successor and the interest which may thus accumulate to be reloaned as it may be paid to said executor for which trouble and care of loaning out and collecting said six thousand dollars and the interest which may accumulate there on, he shall be allowed and paid out of the interest, on the first day of January of each year, a commission of two per cent per annum upon said six thousand dollars and also in the same manner a like commission of two per cent per annum per annum upon all sums arising from accumulation of interest which may be loaned out by him for the use and benefit of my said grand daughter in addition to said six thousand dollars. After paying himself on the first day of January of each year thecommission which would thus be due him, my executor, shall use as much of theremaining interest as may be necessary to school, cloth and board my said grand daughter decently and respectably and give her an accomplished and good education and after paying said charges and commissions afore said my executor shall account for and pay over the balance of the interest and the said bequest of the six thousand dollars to the said Mary Lucretia Miles in the manner following to with: Should she marry at any time before she is twenty one years of age and the balance which may be in my executors hand to be paid over to hers when she is twenty five years of age, and should she die previous to that time without issue, all money which my be in my executors hand at her decease to revert to and be paid over to my son Stephen W. Miles Jr. his heirs, or assigns, as his or their sole property forever. Stephen W. Miles Item 3rd I give and bequeath to my son Alonzo Miles the sums of money here in after mentioned upon the following conditions to with: If his mother will permit him to live with my son Stephen W. Miles Jr. to be educated, trained, raised, clothed and instructed by him and the said Alonzo proves to be a faithful, good and industrious boy to the said Stephen W. Miles Jr. and is willing to obey and be controlled and instructed by him and stays and lives with him or remaining under his control until he is twenty one years of age and complies in every respect as required -------something missing---as it may be paid to said executor and of the interest which may thus accumulate, said executor shall board, clothe and raise my said son Alonzo, decently and respectably and give him a good English education and if my son Stephen W. Miles Jr. judges it best, for said Alonzo when his mind is more developed he may give him an education for a professional or commercial pursuit and for his care and trouble of loaning and receiving said five thousand dollars and the interest thereon and the attention to the welfare and proper training and education of said Alonzo, my executor shall on the 1st day of January of each year, take out of the interest which may accumulate and be in his hands, a commission of two per cent per annum upon said five thousand dollars also in same manner and time a like commission of two per cent upon all additional sums arising from accumulation of interest, which said executor may have loaned out for the use of the said Alonzo. And after paying said commissions and all charges and expenses attending the education, clothing and boarding etc. of the said Alonzo, said executor shall account for and pay over to said Alonzo Miles the said sum of Five thousand Dollars and all additional sums, which may be in his hands in the manner following to with: One thousand dollars, when he is twenty one years of age and one thousand dollars, when he is twenty two years of age and the balance, when he arrives at the age of twenty five years of age. And should the said Alonzo Miles follow farming as the pursuit of his life and will farm and make his permanent residence on either of the follow in described tracts of land. I enjoin and require my son Stephen W. Miles Jr. his children or heirs to make to said Alonzo Miles or his children after they shall have resided upon said premises five successive years a good special Warrantee Deed conveying to him in fee simple or to his children if he be dead or leaves any children the following tracts of land. ---something missing----Nro five hundred and sixty four making in both tracts two hundred and sixty and eighty hundredths acres, the rent and profits of which shall accrue and go to the said Stephen W. Miles, Jr. or his heirs until said Alonzo Miles goes to live on the same and the legal title thereof shall continue to be vested in the said S.W; Miles, Jr. or his heirs until he or they shall make the Deed for the same as above required. But, if the said Alonzo Miles should not go upon said premises and reside as stipulated above he is not entitled by this my last will and testament to any right, titles interest, claim or demand therein whatsoever the object of my requiring the said lands to be conveyed to him as aforesaid being to provide him with land to live on and cultivate to avoid himself of the benefit and profit of which he must go upon and reside as above required--But if the said Alonzo miles should go to live with his mother or is raised by any other person than the said Stephen W. Miles, Jr. or not submit to his control and direction as above required, then in either of the four contingencies last named it is my will, bequest and desire that the said five thousand dollars and all interest, that may accrue there on shall revert to and become the property of te said Stephen W. Miles, Jr. or his heirs to make the Deed to said Alonzo for the land above described, shall cease and be forever null and void. And instead of the bequests made to said Alonzo Miles as above set forth, I give and bequeath to him in the event of either of the four contingencies above referred to should take place simply the sum of one thousand dollars to be paid to him by my Executor, the said Stephen W. Miles, Jr. when he the said Alonzo Miles is twenty five years of age old. And should the said Alonzo Miles under any circumstances die without children of his own, before he arrives at the age of twenty five arrears, all monies bequeathed and land reserved for him in this will shall revert at his decease and descend to my son Stephen W. Miles, Jr or his heirs forever. Stephen W. Miles Item 4th I give and bequeath at my decease to my daughter-in-law, Mary E. Miles the sum of one thousand dollars to be the sole and separate property apart from her husband forever. Stephen W. Miles Item 5th I give to my servant girl Nancy (girl of color) her freedom on the 1st day of November, 1861 and if she remains with the family of my son Stephen until that time and makes a good, faithful and obedient and well behaved industrious girl, I enjoin and require my son or his heirs in case of his decease to make to her on the 1st day of November, 1861 a special Warrantee deed conveying to her in fee simple forever forty acres of land out of the south west corner of one hundred acres of land, which I own in the NE quarter of section #twenty six of Township #2 south range eleven West and also I will and bequeath to her the sum of two hundred dollars to be laid out for her by my executor Stephen W. Miles, Jr. or his successors in such article when she gets married as may be most useful for her to keep house with. But should she die or leave the family of my son Stephen before the 1st November, 1861 or become an idle, ill behaved, disobedient girl of which I constitute my son, Stephen W. Miles, Jr. the judge the bequest of said two hundred dollars shall revert to my son, Stephen W. Miles, Jr. or his heirs and the obligation to make her a deed for said forty acres of land, shall be null and void. But her freedom on the 1st day of November 1861, under any circumstances I give to her. Stephen W. Miles Item 6th I give and bequeath to my son-in-law James Sennott, bona fidely, forever about one hundred fourteen acres of land to become more or less, being part of the east side of Surveys #564 and claim #620 and part of the NE fractional quarter of section #27 in Township #2 South of range 11 west to be set off to him so as to include all the land I own in said claim south range #11 west containing 62 acres and 76/100 acres. Also part of the NW fractional quarter of section #21 same township and range containing eighteen acres. Stephen W. Miles Item 7th Lastly in consequence of my son Stephen W. Miles remaining with me until now past 27 years of age and having during that time been honest industrious and attentive to my business and interest and in the management of the same, been as prudent and careful as he could be and ever obedient to me as a son and also in consequence of the great responsibility I require of him by- this my last will and testament I give and bequeath to him the said Stephen W. Miles, Jr. absolutely in fee simple forever all the remainder or residue of my real estate including the home place on which I now live with all the fixtures and all other lands of real estate in the state of Illinois, state of Missouri or situate anywhere, that I may own or have title and claim to at my decease. That is not heretofore especially bequeathed or reserved to be deeded hereafter as mentioned above which lands I give and bequeathed to him to be deeded or held absolutely for his own use adhering to circumstances recited above. I give and bequeath also bona fidely to my son Stephen W. Miles, Jr. the whole of my personal property without any exception or reservation whatsoever, including debts, dues, claims, demands, merchandise, house, cattle farming implements and machinery, household and kitchen furniture and -whatever else I may own or posses of the nature and character of personal property I give and bequeath to him out of which personal property so bequeathed to him, he is to pay all my just debts and all the legacies and bequests here to fore made to the persons entitled to receive the same, according to the conditions here to fore expressed and recited in this will. I also give and bequeath to my son Stephen W. Miles, Jr. from my decease, the right of use together with all the rents and profits derived therefrom. The said Stephen W. Miles, Jr. being bound to pay the taxes and preserve and use no more of the timber on said lands than is necessary to keep the farms attached to the same in good order and repair. And as security for the proper care, safe preservations and prompt payment of the various bequeath and sums of money mentioned in this will. I hereby create a lien upon all the real estate I bequeath to the said Stephen W. Miles, Jr. to the effect that he cannot sell or convey any partition of said real estates until he shall have fully paid up every bequest mentioned in this will or make satisfactory arrangement for the security of the same with the parties interested. And I hereby intend clearly and distinctively that no sale by said Miles Jr. of any portion of said estate or by any officer to pay any debt or contract of the said Stephen W. Miles, Jr. shall be valid or binding against said estate to the exclusion of the payment of said bequests, unless the same be first amply and sufficiently secured a Mortgage on other real estate, in value double the amount to be secured. ITEM 8 AND 9 APPEAR TO BE MISSING Item l0th I hereby make constitute and appoint my son the aforesaid Stephen W. Miles, Jr- the sole executor of this my last will and testament and guardian of my son Alonzo Miles aforesaid, and I hereby fully and expressly authorize and empower and enjoin it upon him to faithfully carry out and execute the provisions of this my last will and testament and in case of his sickness or expected death thereby authorize, empower and expressly enjoin it upon him to appoint some competent person to fulfill his place as executor of this my last will and testament and guardian aforesaid. And after all the above bequests are paid I leave and bequeath him as herein before more particularly set forth, the balance remainder of my estate, both real or personal and mixed, subject be sold, conveyed or disposed of by him in any way whatsoever may be most in accordance with this our free will and pleasure. Stephen W. Miles In my testimony where of I the said Stephen W. Miles have this my last will and testament, contained in eleven pages, set hand and seal at the bottom of each item and my hand and seal the bottom of this page. The same being executed by me on this fourteenth day of November in the year of our Lord one thousand eight hundred and fifty-five and after two years due and serious reflection upon the subject. And by this my last will andtestament I do hereby revoke all other wills heretofore made by me. This will signed by me after many interlineation and erasures were made therein, which erasures and interlineations I do not wish should in the least invalidate the will. Signed, sealed, published and declared by the hand Stephen W. Miles as and for his last will and testament in the presence of us, who have at his request, here unto subscribed our names as witness to thereto in the presence of the said testator and of each of other. This 14th day of November A.D. 1855. D.W. Livers Henry N. Holmes James Sennott