History of Tazewell county, Illinois ; together with sketches of its cities, villages and townships, educational, religious, civil, military, and political history; portraits of prominent persons and biographies of representative citizens. History of Illinois ... Digest of state laws online

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. Wiiere 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.



DIGEST OF STATE LAWS.



757



7tli. 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 lesacies
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 sewinor-machine.

4th. Necessary beds, bedsteads and bedding for herself and
familv.

*j

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.

8th. 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 FOKM 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
fulling health, but of sound mind and memory, do make and declare
this to be my last will and testament, in manner following, to-wit:

Fh'st. I give, devise and bequeath to my oldest sou, P'ranklin
M. Lewis, the sum of Four Thousand dollars of bank stock, now
in the First National Bunk, 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,
LidaLouan Lewis, and Fannie Antionette Lewis, each two thousand



758 DIGEST OF STATE LAAVS.

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 county. The nortli 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. Raih-oad,
and my own one hundred and sixty acres of land and saw-mill
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, Trypliena Lewis, all ray 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 lieu 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, Lastlij. 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 use 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.



DIGEST OF STATE LAWS. 769

CODICIL.

"Whereas, I, Samuel T. Lewis, did, on the third daj 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
Louan, 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, 111.
E. C. Johnson, Chicago, 111.

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



760 DIGEST OF STATE LAWS.

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 Hecord 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 eeal 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."



DIGEST OF STATE LAWS. 761

To sender 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 liave 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.



7G2 DIGEST OF STATE LAWS.

A mort^a^e must be in writing when it is intended to convey the
legal title. It inust 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 mrirtgage, 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 morto:aij:or 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 tract 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



DIGEST OF STATE LAWS. 7C3

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
makino; the contract. The above lien cannot be enforced unless

CD

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
m 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



V64: - DIGEST OF STATE LAWS.

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 hoarding -house keejyers 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.

Stahle-heepers 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 (jiersons 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



DIGEST OF STATE LAWS. 765

the said Chapman, party of tlie second part, his executors, admin-
istrators, and a-signs, my undivided half of ten acres of corn on
my farm in the town of Deer Creek, Illinois ; one pair of horses,
twenty sheep, and five cows, belonging to me, and in my possession
at the farm al'oresaid; to have and to hold the same unto the party
of the second ]:>art, his executors and assigns, forever. And I do,
for myself and legal representatives, agree with the said party of
the second part, and his legal representatives, to warrant and defend
the sale of the aforementioned property and chattels unto the said
party of the second part, and his legal representatives, against all
and everv person whatsoever.

In witness whereof I have hereunto affixed ray hand this tenth
day of October, one thousand eight hundred and seventy-nine.

B. F. Lewis.

DAYS OF GRACE.

No check, draft, bill of exchange, promissory note, order, or
negotiable instrument, payable at sight or on demand, or on pre-
sentment, shall be entitled to days of grace. All other bills of
exchange, drafts or notes are entitled to three days of grace. All
the above-mentioned paper falling due on Sunday, New Year's day,
Fourth of July, Christmas, or any day appointed or recommended
by the President of the United States or Governor of the State as
a day of fasting or thanksgiving, shall be deemed as due on the
day previous; and should two or more of these days come together,
then such instrument shall be treated as due on the day previous to
the first of said days.

LIMITATION OF ACTION.

The limit of time in which action may be brought on certain
things is as follows: Open accounts, five years; notes and written
contracts, ten years; judgments, twenty years; partial payments or
new promise in writing, within or after said period, will revive
the debt; absence from the State deducted, and when the cause of
action is barred by the law of another State, it has the same efiect
here; assault, slander, libel, replevin, one year; personal injuries,
two years; to recover land or make entry thereon, twenty years; and
sealed and witnessed instruments, as action to foreclose mortgage
or trust deed, within ten years. All persons in possession of land,
and paying taxes for seven consecutive years, with color of title, and
all persons paying taxes for seven consecutive years, with color of
title, on vacant land, shall be held to be the legal owners to the
extent of their paper title.



766 DIGEST OF STATE LAWS.

RECEIPTS.

Receipts should always state when received and what for; and if
receipt is in full it should be so stated. We give two forms:

FOB MONET ON ACCOUNT.

Eeceived, Knoxville, 111., Nov. 10, 1878, of J. C. Cover, sixty
dollars on account. $60. J. H. Franklin.

FOR MONEY ADVANCED ON A CONTRACT.

$100. Galesburg, III., June 9, 1868.

Received of Fernando Ross, one hundred dollars, in advance, on
contract to build for him a brick house at No. 76 Kellogg street.

Samuel J. Chapman.

EXEMPTIONS FROM FORCED SALES.

The following personal proiJerty and home worth $1,000, — Lot
of ground and buildings thereon, occupied as a residence by the
debtor, being a householder and having a family, to the value of
$1,000. Exemption continues after the death of the householder for
the benefit of the widow and family, some of them occupying the
homestead until the youngest shall become twenty-one years of age,
and until the death of the widow. There is no exemption from sale
for taxes, assessments, debt or liability incurred for the purchase or
improvement of said homestead. No release or waiver of exemption
is valid unless in writing and subscribed by such householder and
wife (if he has one), and acknowledged as conveyances of real estate