Lupton Family History
Council Hill Station
Jo Daviess County, Illinois


LAST WILL OF JOHN LUPTON, SR., APRIL 29, 1881
AT COUNCIL HILL, JO DAVIESS COUNTY, ILLINOIS
(CODICIL ADDED JANUARY 21, 1882)

I John Lupton of the town of Council Hill in the county of Jo Daviess and State of Illinois of the age of Seventy five years, and being of Sound mind and memory, do make, publish and declare this my last will and testament in manner following:

First: It is my will that all my just debs and funeral expenses be fully paid.

Second: I give and devise to my son Joseph Lupton and my daughter Mary Spencer, their heirs and assigns my homestead farm, consisting of about 213 acres of land situated in the Town of Council Hill in the County of Jo Daviess and State of Illinois and being all the land owned by me in said County of Jo Daviess, together with all the hereditaments and appurtenances thereunto belonging or in anywise appertaining: To have and to hold the premises above described to the said Joseph Lupton and Mary Spencer their heirs and Assigns forever.

Third: I give and bequeath unto my said son Joseph Lupton and to my said daughter Mary Spencer all my personal property on my said homestead farm or that may be upon said farm at the time of my death, consisting of Such personal property as farming implements, horses, cattle, hogs, Sheep, household furniture etc; to have and to hold said personal property to the said Joseph Lupton and Mary Spencer their heirs and assigns forever.

Fourth: I give and bequeath to each of my grandchildren named as follows: Sophia Spencer, James Spencer and Samuel Spencer the sum of two hundred dollars to be paid to them by my said son Joseph Lupton and my said daughter Mary Spencer out of the property above bequeathed and devised to them---said grandchildren being the children of my deceased daughter Julia.

Fifth: I give and devise to my three sons named as follows: John Lupton, William Lupton and Samuel Lupton one hundred and twenty acres of land situated in the State of Nebraska, being all the land owned by me in said State of Nebraska and hereby devising to my three sons Last above mentioned all the land and real estate owned by me in said State of Nebraska, together with all the hereditaments and appurtenances thereunto belonging or in anywise appertaining: to have and to hold the premises above described to the said John Lupton, William Lupton and Samuel Lupton their heirs and assigns forever.

Sixth: I also give and bequeath to my said three sons John Lupton, William Lupton and Samuel Lupton a certain promissory note of twelve hundred dollars which I hold against the said William Lupton and all the Insurance on my life amounting to the Sum of One Thousand Dollars, providing they pay all my funeral expenses---it being my express intention that all my funeral expenses shall be paid out of the insurance on my life.

Item: The said Joseph Lupton and Mary Spencer shall share equally in all that is given to them under this will: and the Said John Lupton, William Lupton and Samuel Lupton shall share equally in all that is given to them under this will. And lastly I hereby appoint my sons John Lupton and Joseph Lupton the executors of this my last will and testament, hereby revoking all former wills by me made, and especially revoking a certain will made by me and now in the possession of my said son John Lupton. In witness whereof, I have hereunto set my hand and seal this 29th day of April A.D. 1881.

Signed: John Lupton

The above instrument was at the date thereof Sealed, published and declared by the said John Lupton 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.

Thomas J. Shean, Galena, Illinois
Joseph H. Cary, Galena, Illinois
(Pat?) W. Shader, Galena, Illinois


Codicil to Last Will and Testament:

Whereas John Lupton named in the foregoing will has died since the same was made, therefore I the undersigned John Lupton the father of said deceased and the maker of the foregoing will do hereby by this codicil thereto give, devise and bequeath to my said sons William Lupton and Samuel Lupton alone the land situated in Nebraska mentioned in the fifth clause of said will and the twelve hundred dollars mentioned in the sixth clause of said will, to have and to hold the same unto said William Lupton and Samuel Lupton their heirs and assigns forever and I hereby nominate and appoint my said daughter Mary Spencer the executrix of this my codicil and said will with said Joseph Lupton executor thereof. Witness my hand and seal this 21st day of January A.D., 1882.
Signed: John Lupton (seal)<[> The foregoing codicil was at the date thereof, signed, sealed, published and declared by the said John Lupton as and for a codicil to 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, subscribed our names as witnesses thereto.

David Sheean
Will. F. McHugh


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