HomeMy WebLinkAbout1457_COOK_JOHN_59_403_10-16-1939\\~~'~~
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""LJ:;.TTERSTESTAMENTARY.·.Blandin"Ule Slar·Gazelle Form No.¢
ESTATE OF John W.Cook
LETTERS TESTAMENTARY
Deceased.
(Seal)
~ttttrnf 3J IHunts ~SS.
McDONOUGH COUNTY )
IN COUNTY COURT,J.a.11.u.arY-T.e.r.m..~19 01
The People of the State of Illinois,to All to Whom These Presents Shall Gome-GREETING:
KNOW YE,That,whereas J..Q;Q.JJ.H.!.Q9..Q.~late of the
County of McDonough and State of Illinois,died on or about the ....Z.ls.t.........................................................day
of __De.c.e -81:;;.;_A.D.19...0 as it is said after having duly made and published h iSlast Will
~hereof .
and Testament,a COpy ,.o~w.b:loo.is hereunto annexed,leaving at-the time of h..:U?_death,property in this State,
which may be lost,destroyed,or diminished in value if spc;edy care be not taken of the same;and inasmuch as
it appears that Jay_..G0.o.k .__.__'..
ha s__been appointed execut QT..._.in and by the last Will and Testament to execute the same.
theNow,tolend that said property may be preserved for those who shall appear to have a legal right or
interest therein,and that the said Will may be executed according to the request of said testa t.O.r.,we do
hereby authorizejikf?1Jaid _.J.~y C.Q.Q.~_ ,..-.
as such execut 01:...,to collect and secu~e ,all and singular the goods and chattels,rights and credits,which were
of the said _._..;I.9.®...v!..~Q.9..9.§.--- -.
at the time of h.....iS decease,in whosesoever hands or possession the same may be found in this State;and well
and truly to perform and fulfill all suoch duties as maT be enjoined upon ....h.i ........by the said Will,so far
as there shall be pro,perty and the law charges h..JJA.....;and in general to do and perform aU other acts
which now are or hereafter may be required of h im by law.
WITNESS,J E Lane..............................................................Clerk of the
j at his office
COG'nty Court of the said County of McDonough anax£IiX~XO£
in 1\ac ombE{dCnmr~this -2.ls.t .
day of .._.__._..r§P...Y.-_~~y A.D.19..Q.~.,and
the Probate Seal ..o.~....~.:~J~2.~::£~n~~.~.~~~.~~....~~~~.~~.~..~......
Clerk.
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&tatt nf lJl1iunin ~SS.
)(cDONOUGH COUNTY ,
I,____........Clerk {)f said County Court.do hereby certify that the
foregoing is a full and true copy of the original Letters Tef>tamentary in my office remaining,ang now in full foree
and effect.
GIVEN under my hand and seal of said Court,this ..________.__.
day of _------------..----.--.---..---19 --,_,,__
Clerk.
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CLERK'S CERTIFICATE OF COPY WITH JUDGE'S VERIFICATION.DUD."PRI'lERY•••CDNI
STATE OF ILLINOIS,}
88.McDonough County,
Herbert K.HulsonI,Clerk of the County Court
in and for said County,in the State aforesaid,do hereby certify the foreg ing,to Qe a.true,.P rfect ~nd completeanGOdlCl~S~,ere~o,
copy of r..h~~~.'\j W.t.J:.J.:~P.:9:.'r§.?~.?:~l~§P:~C?f.:;r.g.~~:~Qgg.~.~../~?~p..~..~.~.~~.~.~.L .
..D.e..dim:us.~p;r.Q.9.f..$.9..f WJJJ ~P:<:1 ~~:t.:t.~.r.§J.'.E?s..~.~.~P.:~.~:r'.y j,P:~.t.I:E?]:.~:!".~.~.~..
of John 1,'.Cook,Deceased
............................................................................................................................................................II
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seal of
said Court,at my office in J~~.?Q.9.l:tlQ.3 J.)Jj:):l9.J.§................
this l.3.th day of Q.Qt.9..Q.E?.:r.A.D.19 ;?.~.
.....~.£~..Clerk of the County Court.
STATE OF ILLINOIS,}
58.
McDonough COUllty,
I,Ge..Q.r.ge.A F.aJ.Q..8.r ]udge of the County Court,of the State
of Illinois,do hereby certify that H.e.r..b..e..r.:t .K..~HlJJ.S9..n whose name is subscribed to
the foregoing Certificate of Attestation,now is,and was at the time of signing and seal'ing the same,Clerk of the
County Court of lc.n n.o.ugh Countyaforesaid,and keeper of the Records and Seal thereof,
duly elected and qualified to office;that full faith and credit are and of right ought to be given to all his official
acts as such,in all Courts of Record and elsewhere;and that his said attestation is in due form of law,and by
the proper officer.
Given under my hand and seal this J:2.th day of Q,g.'\j..?.~.~.:r'A.D.19 ~.9..
-"'d~..~..~(SEAL)
STA,TE OF ILLINOIS,}
58.
McDonough County,
I,?~E?~E~~.~E.~~.~.?~Clerk of the County Court,in and for said County
in the State aforesaid,do hereby certify that Ge.Qr.g.e A.Fald.er ..
whose genuine signature is appended to the foregoing certificate,was,at the time of signing the same,Judge of
the County Court of 'I.cDonough C.ounty.duly commissioned and qualified;that full faith
and credit are and of right ought to be given to all his official acts as such,in all Courts of record and elsewhere.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seal of
said Court,at my office in ~:(1aQ.Qp.t>..,J..l.)j:p.:9..;i..~..
this J~.t.h day of Q.~.~gP.~.;r.A.D.19 ~.~
.....2~£L~erk of the County Court.
(
.'...~
....
STA E OF I:LINOIS,
IlcDonough County.
)
:SS
)
THE COU!J~!COURT OF SAID C01JNTY.
In Probate January Term, A.D.1901
Personally Appeared in Open Court,".E.Rolly one of the subscr:'bing wit-
nesses to t~e foregoing instrument of \~itill6,pur?orting to be the T TILt
,\-~~=STJ.~,"""::.-T and Codicil tb.ereto of John .'.Cook late of':_cDonough
County,deceased,villo beins duly s lorn according to lal,do,de~ose and sa-,
for himself,that the foregoing is the LAST ;,,'I~L -D ~ESTA:.=nT anu codicil
tteroto of the said John I:.Cook deceased;That I subscribed my naQe thereto
as the attestino rlitness at the request of the said Testator,and in his
presence,and in the presence of Jacob L.Baily,on the 29th day of
December A.D.1899.That the said Testator then and there subscribed his
name thereto in I':Ly presence,and declared the same to be his LAST ·,'ILL rD
T~ST~~TT and Codicil tb.ereto;and that the said Testator at the time of
e:-ecuting the same as aforesaid was of full age,of sound mind and memory,
and under no constraint.And that said Testator died on or about Decekber
28 A.D.1 00
'T.H.Holly
Subscribed and sworn to in Open Court,this 21st day of January A.D.1901
J.E.Lane
County Clerk.
STATE OF ILLTJOIS,)
~.=cDonough County.)ss
II THE com TY COURT OF SAID C01J-='-~.
In Probate January Term,A.D.1901
Personally A.J.peared in Open Court,:';.H.Holly one of the subscribing witnesses
to the foregoing instrument of writing,purporting to be the LAST -::I1.L AIJD
TEST~,LE ~T of John V-.Cook late of I -cDor-ough Count ,deceased,who being duly
sworn according to law,do,depose and say,each for himself,that the fore-
going is the LAST V-ILL AIID TE~TA.:.ENT of the said John I.Cook deceased;That I
subscribed my name thereto as the attesting witnesses at the request of the
said Testator and in his presence,and in the presence of Jacob L.Bail~,on
the 21st day of October A.D.1890.That the said Testator then and there
subscribed his name thereto in my pres""nce,and declared the same to be his
LAST ~TILL ill TESTAl:.ElJT;and that the said Testator at the time of executing
the S8I!le as aforesaid was of full age,of sound mind and memory,and under
no constraint.nd thnt said Testator died on or about Dec.28,A.D.1900
Subscribed and sworn to in Open Court,
this 21st day of January A.D.1901
J,ELane C unt C erk _
STATE OF ILLINOIS,
McDonough County.
ss.
IN ~.l:E COUNTY COURT
OF SAID COmITY.
Of the January Term,A.D.1901
THE PEOPLE OF THE STATE OF ILLII OIS,
To Ross C.Hall GREETING:
1,JHEREAS a V'lI'iting purporting to be the last ':ill and Testament and
Codicils thereto of John '.Cook Deceased,has been produced in said Court
for Prooate of the same,upon which VJill and Codicils thereto the names of'
Jacob L.Baily and IT.H.Holly appear as subscribing witnesses thereto,which
said VJill and Codicils thereto is hereunto annexed,and it being represented
to said Court that the said subscribing witness Jacob L.Baily reside at
Chicago in the County of Cook and state of Illinois and without the limits
of said I':cDonough County and that said witness Jacob L.Baily is unable to
attend said Court.
No 'i,therefore,v,e do hereby,in pursuance of the Staute in such case
made and provided,authorize and require you,the said Ross C.Hall to CEuse
the said subscribing witness Jacob L.Baily to come before you at such time
and place as you tlay designate and appoint,and faithfully to take the deposit-
ion of such subscribing witness on oath or affirmation,upon all such in-
terrogatories as are attached to this co~nission and none other,and certify
the same when thus taken,together with this commission,said interrogatories
and said 7Iill and Codicils thereto,into this Co~rt vrrth the least possible
_elay.
:nTNESS J.Ross -.~ickey County Judge of said
McDonoug~County,and the seal of the County Court
of said rV:cDonough County,at r.'lacomb,in r..1cDonough
County aforesaid,this 16th day of January A.D.
1901.
(Seal)
Attest:
~J~.~R~o~s~s~lr~i~c~k~e~y Count~Judge.
-..:::.J~.-=E~.--=L~a::.:n:.::..e C1erk .
..
Cook late of
Jacob L.Bally,I reside at Chicago,Ill.
Age 48 years occupation Atty at Lau.
INTERROGATORIES,To be propounded to Jacob L.Baily and and each
of them under and by virtue of the annexed co~ission,touching the execution
of the i,Till and Codicils thereto of John V.Cook Deceased:
Interrogatory First:~fuat is your name,age,occupation and place of
residence?
Interrogatory Second:1,'Jere you acquainted with John
.~cDonough County,Deceased,in his lifetime?
Interrogatory Third:Look at the instrunents annexed hereto and shown
you,purporting to be the last ::ill and Codicils thereto of John :-.Cook
Deceased,and state if your genuine signature is attached thereto as a
1ntness to the execution thereof?
Interrogatory Fourth:rho asked you to sign said instruments (state
name in full),and in what capacity did you sign it?
Interrogatory Fifth:~'!ho were present at the time you signed your
name to said instruments?state names in full.
Interrogatory Sixth:Did John ~J.Cook Deceased,see you sign your
name to said instruments?
Interrogatory Seventh:Did you seJ John ~:.Cook Deceased,sign his
name to said instr~ent?
Interrogatory Eighth:~lho were present at the time thClt John I·,T.Cook
Deceased,signed his name to said instr'l.illents,.State nanes in full.
Interrogatory Ninth:About how old was John ~.Cook Deceased,at the
time he signed his name to such instruments?
Interrogatory Tenth:\'.llat was the condition of John "\:.Cook Deceased's
mind and memor~at the time he signed his name to said instruments?
Answer to Interrogatory First
Hy home is at [.~acomb,Illinois
Ans.to Int.Second.I was
Ans.to Int.Third.I have looked at said instumrnt,and codicils thereto
~iIy genuine signature is attached to each and all of tllem
Ans.to Int.Fourtt..John ::.Cook,as 'fitness to his signc.ture to each
Ans.to Int.Fifth:John \i.Cook,T\lillian H.Holly and myself
hiS.to Int.sixth:He did.
Ans.to Int.seventh:I did
rrs.to Int.Eightl:'::illiai-o.H.E.o y 6....71d Jacob L.3aily (r:yself)
Ans.to Int.~rinth:.\.bout forty nine years old.
Ans.to Int.Tenth:ne VIaS of sound .::n.ind nd emory he gave full
directions for the making of said original will and each codicil thereto
and fully understood and cOIJ.prehended 1,'!hat he was doing at the ti:le.
Jacob .w.Baily
TEE DEPOSI~'IOIJ of Jacob 1.3aily of the Co nty of Coole and State o~Illinois
'witness of Imlful age,produced,SHorn and exc'.ined,upon his corpo:oal oath,
on t~e 17th da;of January,in the year of our Lord One Thousand nine
hundred and one,at 132 HLrtford Bldg.,in tte cit,-o~Chicago in tne County
of Cool:,a.::J.d state afo1'3said,bJ ne Ross C.5all a COffi...'issi oner,dUly
appointed by a DEDIi.ruS POT.L:STN'::""'·,=or CO:1._ISSIOI issued out of the Clerks
office 0:'the unt~~Co rt of I:c~onough County,in the State of Illinois,
bearin;Teste in the nene of J.1<'Lane Esq.,Clerk of the said Count T Court,-J.
uith the se2.1 of the said.Court affixed tL':H'eto,aile.to ~.:e directed as such
COlTIL.issioner,for the e:z:a.;:lination of the said Jacob L.Baily a witness in
the matter of the application for probate of the last 1':ill and Testament of
John ',;.Cook,Deceased,1"-011 r ending and undeterm.ined before the said County
Court of l:cDonough County,in behalf of the applicant for such probate as
';1811 upon the cross-interrogatories of the said as on the
interrogatories of the applicant County Court \iliich were attached to or
inclosed vnth the said Commission,and upon none others.The said Jacob L.
3ail-being first Quly srlOrn b~-::r.Ross Hall as \litness in said cause,
previous to the co~~encement of his examination,to testify the truth in
relation to the matters in controversy so far he mould be inter:,ogated,testifi-I
ed and deposed as follows:
Interrogatory First:l~at is your name,age,occupation and place of
residence?
Answer to firf't Interrogatory::,=y name is Jacob L.Baily a:n 48 years
of age,occupation that of Atty.at Lc.w and reside at Chicago Illinois my
home is at =acomb Illinois
Interrogatory Second:vIere you acquainted vTi th John W.Cook late of
::cDonough County,Deceased,in his lifetime?
Ansv18r to Interrogatory Second:Yes I iims
Interrogatory Third:Look at the instrument annexed hereto and sho\Vll
you,purporting to be the last ~,'ill of John ~,:.Cook,Deceased,and state if
your benuine signature is attached the~eto,as a witness to the exection
thereof?
Ans 18r to Interrogatory Third:I have looked at said instrument and
codicils thereto my genuine signe..ture is attached to each and all of t 1em
Interrogatory Fourth:"lho asked you to sign said instrument (state
name in full)and in what capacity did you sign it?
Answer to Interrogatory Fourth:John l·.!.Cook,as vlitl ess to his
signature to each
Interrogatory Fifth:l.~o were present at the time you signed your
name to said instrument?state names in full.
Answer to Interrogatory Fifth:John ~::.Cook -,~illiaIll H.Rolly and
myself
Interrogatory Sixth:Did John VI.Cook,Deceased,see you sign your
name to said instrument?
Answer to Interrogatory Sixth:He did
Interrogatory Seventh:Did you see John .:.Cook,Deceased,si n his
name to said instrument?
Answer to Interrogatory Seventh:I dO
Interrogatory Eighth:~iho we ~J!.d.......d t at the time that John -',-.Cook
deceased,signed his name to said instrument?State names in full.
Ansvler to interrogatory Eighth:t'illiam H.Holly and Jacob L.Baily
(myself)
Interrogatory Ninth:About how old was John VI.Cook Deceased,at the
time he signed his name to such instrU.l:lent?
Anmver to Interrogatory "'Hnth:About forty nine years old
Interrogatory Tenth:I.bat Vias the condition of John 1.:.Cook Deceased's,
nind and nemory at the time he si~ned his nane ~o said instrument?
Answer to Interrogatory ~enth:He was o~sound mind and me~ory he
gave full directions for the making of said original vdll and each codicil
thereto and fully understood and comprehended what he was doing at the tine
Jacob L.Baily
STATE OF ILLINOIS)
Com:COU~JTY,
SSe
I,Ross C.Hall of the County of Cook,and State of Illinois a
Commissioner,duly appointed to take de~osition of the said Jacob L.Baily
a witness,\mose nane is subscribed to the foregoing deposition,do hereby
certify that previous to the COIDEence_ent of the examination of the said
Jacob L.Baily as witness in the matter of the application for probate of
the last "!ill and Testament of John;.Cook late of l,;cDonough County,State
of Illinois,deceased,was duly sworn by me Ross C.Hall as such Commissioner,
to testify the truth in relation to the matters involved in said application
for the probate of said Hill.
so far as should be interrogated concerning the same;that the deposition
TIas taken by me in the City of Chicago,in the County of Cook and State of
I~linois,on the 17th day of January A.D.1901.and that after said deposition
was taken by me as aforesaid,the interrogatories and answers thereto,as
written dOWTI,were read over to the said witness Jacob L.Baily,and that
thereupon the same was signed and sworn to by the said Jacob L.Baily
before ne,the oath being administered by me at the place and on the day and
year last aforesaid.
Ir ..TITNESS ~:JHEREOF,I have hereunto affixed
my hand and seal,this 17th day of January 1901
Ross C.Hall
Co issioner.
Com.....issioners fees for taking this deposition $2.50
THE LAST l.JILL AIID TJSTAL-"'iT
Of John 1).Cook of the City of r;~acomb in the County of McDonough and
State of Illinois made and pUblished the 21st day of October in the year
of our Lord One Thousand Eight Iiundred and Ninety roBF
IN THE N.A!dE OF GOD,11.J-,.:EN.
eight.
I,John 1;:.Cook of the city of Maconb in the COl..<.nty of J.lcDonough
and State of Illinois of the age of forty nine years,and being of sound
~ind and memory,do hereby make,publish and declare this my LASr l:ILL
l.I,D T~ST.fu=';J:T in nanner follovdnc,-chat is to sn:r:
FIRST:It is my will that my funeral ex~enses and all my just liebts
be fully paid.
S:8COl.m:I give and bequeath to my beloved 'VTife Jennie E.Cook all
of my household goods to be hers absolutely
THIRD:I direct my exocutor to erect a monument at my grave for
r~self and facily to cost not to exceed five hundred dollars.Also to erect
a monwnent at my father and mothers grave to cost p-ot to exceed TvJO
hundred dollars.
FOURTH:I give to my beloved vIife Jennie E.Cook out of my estate
the Silla of five hundred dollars
FIFni:I give and devise to my beloved niece Ida Bonham the Stun
of five hundred dollars
I have a policy of insurance on my life ade payable to my
beloved sister l:attie J.R.Bonham if for any cause she fails to get such
insurance after my death then it is my will that my executor pay her the
sum of ~{O Thousand dollars out of my estate.
SEVENTH:I hereby direct my executor to convert all my estate into
money as soon as he can after my deat~exercising his O\ffi discretion in the
matter except as herein after indicated that he loan all of my estate re-
maining after the payment of the specific bequests herein and take good
securities therefor t~at he first pay insurance the expenses taxes and
necessary repairs and that the residue of the income therefrom be divided
equally bet1,leen my 1,Jife Jennie E.Cook and my daughter Rea Cook and my son
Jay Cuok share and share alike.That my said executor shall so invest my
said estate for the term of ten years next after my deat~_.At the end of
which time he shall divide my entire estate between my said \vife Jennie Z.
Cook and my children Pea Cook and Jay Cook share and share alike to be held
and o,med by them subject to the conuitions hereinafter specified.
I further direct that so long as my said yafe and children or any of theE
~;ho remain urrnarried desire to reside in my homestead tL&t it be not sold but
left for such occupation.In case my executor considers that the farm I
OvTIl ~1ill yeald a larger annual income as rental than the interest on the
money derived fro~the sale t~ereof would anount to then he nay exercise
his discretion as to whether he will sell it or not.
EIGHTH:In case of the death of my said wife or either of my said
children iJithout issue then it is ny will and I direct that the part of
my estate that I/ould go to such deceased chil go to the surviving child
>.tife or children share and share alike.
NI~TH:Should either of my children die leaving children then I direct
that the share of my estate that would go to such deceased child gv to the
child or children of such deceased.child.
TE JTH:If my said v!ife and children die without issue be ore or after
I do then it is my will and I direct that my entire estate go to my sister
l:attie J.R.30nham and her daughter Ida Bonha!1l.share and share alike.
EL.EVENTH:I direct that the part of my estate 'willed to 1:y wife be
taken by her SUbject to th follo\ang conditions she is to use and control
the sa..~e for her use and benefit so long as she lives the sam.~as though
it was hers absolutely,but in case any of my estate remains in her hands at
the time of her death tren I hereby direct that such residue go to my
heirs share and share alike hereby intending to provide that the residue
remaining if any GO to my heirs at her death instead of to my said "i'lifes
heirs.
~\~LFTH:I have an insurance policy on my life payable to my daughter
Rea for the Sill of four Thousand dollars,in case she should fail to
collect the same or any part thereof then it is !1l.y y:ill and I hereby direct
my executor to pay her a sum of money sufficient in amount to make the
amount she receives from my estate 1\"0 Thousa.'YJ.d Dollars more than the amount
received by my said wife Jennie E.and my son Jay.,taking into consideration
any suns of money any and all of them ma receive as life insurance from me
or on account of my death.
13 In order to enable my executor to fully carry out this ITill I
hereby authorize him to sell my personal property at ;ublic or private sale
as he sees proper to sell my real estate to execute all proper deeds therefor
as fully and to the same extent as I could do if living.
FOL~TEENTH:I herein appoint my son Jay Cook as the executor of this
my 'Jill,he is younG and of i~ature judgoent,that he ~ay be advised as
to the investment of funds entrusted in his hands I hereby direct that he
advise with and consider the opinion and jUdgment of my friend and attorney
Jacob L.3aily,that no sale be raade or money loaned \,Ti thout without the
opinion of said Baily in vITiting filed with my estate papers in the 'County
Court in the case of the death or inability of said Baily to act then I
direct that the County Judge of ~cDonough County shall so act.I direct
that none of the acts of y said son in selling property and loaning money
be approved b~the County Court unless the above provisions of my vall are
complied with.
LASTLY I hereby nominate and appoint my son Ja T Cook to be the Executor
of this my last ',Jill and Testa:.._ent,hereby revoking all former ",:i_ls by me
made,and direct and will that he act without any compensation to himself
except his actual ex_enses and that he be not re'lired to give bond as such.
I1T ~':ITN~SS ",.'EERE-vF,I have hereunto set my hand and seal,the Twenty
Tirst day of October in the year of our Lord One Thousand Eight Hundred
and Ninety all resures and interlineations \~ere made before signing.
John ":.r.Cook (Seal)
The above instrument,consisting of four sheets,was now here subscribed
by John '1.Cook the Testator,in the presence of each of us;and was at the
same time declared b-r him to be his Last ",.rill and Testament,and we at at
request,sign our nameq hereto in his presence,as attesting witnesses.
Jacob L.Baily of :kiacomb
V.H.Holly II
of---------
The above instrunent VIas here subscribed by John ..-.Cook,the testator,
in the presence of each of us and Has at the Sar::e ti_e ilecle.red by him to
be his lest -'Jill and testa:._ent,and V'l6,at ~_is reQuest,sign our n~es here-
toin his presence as attesting witnesses.
Jacob L.Baily p'aco.c.b,Illinois.
,Hacomb,Illinois.-.-;..-.---'=.;.....;;;.;~-'-''-----
I,John Cook of sound mind and of dis]osing memory and of G ege
of frTty-four years do hereby make pUblish and declare thl"S as a codicil to
my last vlill end testa'TIent in "';Grds as follows:
In the Fourteenth clause of the said last '\ViII of mine it is
provided th t my said son and executor -ay Cook advise with and consider
t~e opinion and jUdgment of ~y friend and ~ttorney Jacob L"Saily a.d that
no sale be made or Iloney loaned without the opinion of sal"d Bal"ly in I''lriting
filed with mv estate papers in the County Court and I hereby direct that said
clause be changed
hereby do change it to read as follm'ls:
and I
I herein appoint my son Jc,y Cook
as the executor of this my ~lill,he is young and of imnature jUdgment that
he ~ay be advised as to the investment of funds entrusted in his hands.
I hereby direct that he advise with and consider the opinion and judgnent
of my friend and attorney Jacob L.Baily a~d uy friend and brother in law
Ja.c.es :r.Randolph either acting together or in case they ca'l'\not act together
conveliently then he may act on such jUdgrJent of either of theln singly.That
no s~le be naae or mone~loaned ,vithout the opinion of said Baily and Randolph
or one of them in writing filed vlith my estate papers in the Co~nty Court.
In case of in case of the death or inability of said Baily and Randolph to
act then I direct that the County jUdge of LcDonouJh County shall so act.
I direct tliat none of the acts of my said son in sellinc property and loaning
money be approved bJ the County Court of :..cDono;.;.gh County unless Cehe
above provisions of my rill are complied with I hereb:·nominate and appoint
my son Jay Cook to be the executor of this my last wi'l and testament,
hereby revoking all former vlills by me made and direct and nill the.t he act
\rithout any compensation to hims01f except his actual expenses and that he
be not require~to give bonds as such •
In 'lit!less "'Thereof I hereunto set my hand and seal this 29th day of
December A.D.1899.
~J..::.o::.hn::-.-j:.:..,r.:.,•...;.C::-:o:..:o:.::k.:.,~(Seal )
The above instr'c.'Xlent consisting of two sheets was now here subscribed
by John -'.Cook the testator in the presence of each of us and .Jas at the
same t j me declared.b,'him to be a cod.ic il to his L ...st \ill and testao.ent
a:::J.','78 at his reQuest sign our na:::es hereto as uitnesses
1-:.~olly
Jacob L.Baily t!t!
age 252
I''':Cf3A':::'2 COD...T C1JRi:AL,13th da"y,·T any .r1 1901u~erm,,Jany.Zlst 1901.
In the :atter of the Estate ).of )
:John .Coo~:,,eceased )
i:ow on this day this cause coning on again to be hard COLes the said
petitioner and files Deposition of Jacob L.Bail one of the sUbscribing
lJitnesses to \ill and codicil thereto and the sa~':e uas _ead in open Court,
and ordered.record.ed.row cO...es "LT •••=iolly one of the attesting yJitnesses
to nill snd codicil to ,ill and in ope::J.Court tal'C8s and subscribes the
Oath :>rescribed by law,and the Court hears evide .ce arc1 being ':"ly
satisfied th£<t saiC i:.1struLont of Hritinc and Codicil 'Uhereto is tLe last
i;i11 snd codic:'l tlwreto of John -,:.Cook Deceased,properly executed
a::d f ,.lIly :;:)l"'oven and the Cour~doth order that that the same be and it is
hereby ap:'I'oved and ec1Elitted to probate.And it is furt'.er or6.ered by
the Court thc.t said instrunent of \JTiting together \llith the codicil thereto
be .cecoro.ec-:'upon the rocords of this Court as the last I.'ill and testa:.GDt
and Codicil thereto of ~ohn -".Cook deceased.Ja Cook being n~med
and nom'nated executor in said vIill 1.'li thout bond.It is therefore ordered
thEt J ~Cook be and he is hereby appointed Executor of said ~i~l.nO.
now in open Court takes and subscribes the oath provided by law.
It is tterefore ordered by the Court that letters testill2entary issue
to Jay Cook as -'Jxecu tor of said ·,:ill.