Last Will and Testament

and

Estate Records of

 James⁸ Low III

of Clinton & Brighton, Maine

and

Pittsfield, Pike County, Illinois

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Genealogical position of James⁸ Low III:

10th generation: Frank, Forrest, Lenna, Arthur, Edward, Paul, Leland, Charles Doss, Pearl, Henry, James, George

Bingham James⁹ Low(e)   Aug 27, 1853 - Feb 10, 1923           (wife: Mary D. Culver)                    of Pittsfield, IL

James⁸ Low III                  Apr 27-1816 - Sep 2, 1889               (wife: Margaret Huston Montgomery) of Clinton & Brighton, ME / Pittsfield, IL

James⁷ Low Jr                   1796 - Mar 20, 1824                        (wife: Mary Wyman)                       of Clinton, ME (fought in War of 1812)

James⁶ Low Sr                   Jul 17, 1770 - bef 1830                    (wife: Elizabeth "Betsy" Chase)      of Boxford, MA / Clinton, ME

Nathan⁵ Low                     Oct 1, 1742 - Jul 24, 1804                (wife: Lucy Lord)                            of Ipswich, MA / Boxford, MA

Caleb⁴ Low                        1707 - Jul 17, 1777                          (wife: Abigail Varney)                     of Ipswich, MA

David³ Low                       Aug 14, 1667 - Jun 2, 1746              (wife: Mary Lamb)                          of Ipswich, MA

Thomas² Low                    May 8, 1631 - Apr 12, 1712             (wife: Martha Boreman)    of Groton & Boxford, Suffolk, England / Ipswich, MA

Thomas¹ Low                    1605 - Sep 8, 1677                           (wife: Margaret Todd)       of Groton & Boxford, Suffolk, England / Ipswich, MA

Giles0 Low          unknown (Wife: Syseley Wall, marr Mar 5, 1601/02) of Brancepeth, Durham, England; Groton & Boxford, Suffolk, England

These documents have been digitized by scanner and stored on computer December 1997 by Bingham James Forrest¹² Lowe of Phoenix, Arizona.

PLEASE MAKE AND DISTRIBUTE COPIES OF THESE DOCUMENTS.

James⁸ Low III’s journals and James III’s photograph collection very nearly disappeared forever. Now that they have been preserved distribution is the key to their survival. The more who have this information, the more likely it is to survive.

© 1999 by Bingham James Forrest Lowe

 Email: Bingham J F Lowe @ Lowe Family Descendants.com

Last Will and Testament of James⁸ Low III of Pittsfield, IL

I, James Low, Senior, of the Township of Newburg in the County of Pike and State of Illinois, being in feeble health but of sound disposing mind and memory do make, ordain, publish and declare this and none other to be my last Will and Testament hereby revoking and declaring void all former and other Wills by me at any time heretofore made.

First. It is my will and I direct that all my just debts and the charges of my funeral be paid and discharged by my Executors hereinafter named as soon as conveniently may be after my decease.

Second. For the purpose of paying such debts and funeral expenses as far as it may extend, I authorize and empower my Executors to sell and dispose of my personal property at private or public sale, collect all notes and other assets due to me or to become due to

me at the time of or after my decease and apply the proceeds to the payment thereof.

Third. In order to make further provisions for the payment of debts owing by me at the time of my decease if that shall become necessary, I direct and empower my Executors to rent and lease from year to year or for several years as to them all or part of my Real Estate hereinafter described may seem proper either for cash rent at not less than four dollars an acre or rent payable in kind at one third of the crops harvested and delivered in the granary or crib or other proper place on the premises. But I desire my executors in renting said lands to give the preference at the same rent to my sons, James Low Jr, Bingham J. Low, and my son-in-law T.W. Smith if they or either of them may desire to rent the same or any part thereof and apply said rents and the proceeds thereof as fast as collected to the payment of any debts costs and charges

remaining unpaid out of the proceeds of my personal property and to the payment of all taxes assessed and levied upon said Real Estate or any part thereof and I further provide that my Executors shall keep said real Estate (or so much thereof as may be necessary) rented from year to year until my debts and all costs and charges against my Estate and the specific legacies hereinafter made shall be fully paid out of the proceeds.

Fourth. If any debt or obligation remaining unpaid out of a sale of my personal property or the rents aforesaid of my Real Estate shall be due and payment pressed so as to demand a sale of my Real Estate for the payment thereof then and in such case I authorize and empower my Executors to borrow money on the security of my said Real Estate at the legal rate of interest or less and to Execute and deliver all necessary and proper mort-

gages upon my Real Estate to secure the loans and apply the moneys to the payment of such debts provided however that my Executors shall not in any case or for any purpose have power to give or execute any mortgage or instrument whatever containing any penalty or forfeiture or power of foreclosure for nonpayment of part of interest or part of principal but only mortgages with right of foreclosure when the whole principal of the mortgage debt shall mature and remain in whole or in part unpaid.

Fifth. I give devise and bequeath to my son Bingham J. Low fifty acres of land the same being more or less lying north of the road leading from Pittsfield to Frye’s Mill on the north part of the East half of the south west quarter of section seventeen in Township five south Range Three west of the 4^th principal meridian in Pike County Illinois being all the land now owned by me on said

quarter section excepting however from this devise two acres in the south east corner of said tract being a school house lot and grave yard. And I further give devise and bequeath to my said son Bingham, the north half of the north west quarter of the south east quarter of section seventeen in Township Five south Range Three west in said County said last named tract containing twenty acres to have and to hold the same and the other tract devised to him to the said Bingham J. Low for and during his natural life and after his death the remainder to his lawful issue heir surviving and I request my said son Bingham after my death to take the management care and superintendence of said graveyard and keep up the fence and preserve the same in like manner as I have done.

Sixth. I give devise and bequeath to my son James Low Junior the south west quarter of the south

east quarter of section seventeen and the south half of the north west quarter of the south east quarter of section seventeen in Township Five south Range Three West of the 4^th principal meridian in Pike County Illinois for and during his natural life and after his death the remainder shall pass to and rest in his lawful issue then surviving him but this devise is made subject to the right of Phebe Smith my daughter, wife of T. W. Smith, to use occupy and enjoy the frame dwelling house now standing on said premises during her pleasure or until she shall build a dwelling house for herself.

7^th. I give devise and bequeath to my daughter Phebe Smith, wife of T. W. Smith, Lots one two three and four on the east side of the north east quarter of section twenty in township five south range three west of the 4^th principal meridian containing in all twenty acres

more or less, also the south east quarter of the south east quarter of section seventeen in township five south of range three west in Pike County Illinois to have and to hold to the said Phebe Smith for and during her natural life and the remainder on to her lawful issue surviving at the time of her decease and I further devise and bequeath to my said daughter Phebe the west half of the north west quarter of the north east quarter being lot no nine in section sixteen township five south of range three west in said County to have and to hold the same unto the said Phebe her heirs and assign absolutely and forever.

Eighth. I give devise and bequeath unto my sons Bingham J. and James Low Jr and my daughter Phebe for their joint use and benefit and to their heirs and assigns forever a stone quarry consisting of about two acres of land situated in the north west quarter of the north west quarter of section fifteen in Township five south of range three west.

Ninth. All the foregoing devises are made subject to the power hereinbefore

given to my executors to rent and lease the real estate so devised for the purposes aforesaid except the devise to Phebe Smith of the 20 acre tract described as Lot no 9 in section 16 Township 5 S3W 4^th P.M - it being my intention to give the said Phebe power and authority to sell and dispose of said last mentioned tract as she may think best.

Tenth. I give and bequeath to my grandchildren James W. - Robert H. - Hester M. - Ida E. - Phebe M. - and Margaret Greathouse the children of my deceased daughter Mary Ellen formerly the wife of N.B. Greathouse the sum of three hundred dollars each without interest - which said sums are to be paid to them out of the rents and profits of my real estate aforesaid after all my debts and claims against my estate and costs are paid and not until such debts claims and costs are so paid.

Eleven. When such debts claims and costs against my estate are paid and the legacies to my said grand children are also paid them I devise and bequeath

to my step daughter Elizabeth Smith the sum of four hundred dollars and direct my executors to pay that sum to her, her heirs and assigns out of the rents and profits of said land when collected and said sum of money to be payable without interest. My said daughter Mary E. Greathouse, now deceased, in her lifetime received of my estate the sum of six hundred dollars of principal and interest which I charge to her - it being my intention to equalize my other children with her by the devise and legacies aforesaid to my own children and the children of the said Mary Ellen.

Twelfth. I direct my executors after my decease to purchase and erect in the family burying ground a becoming and suitable monument with proper head stones for the different members of the family at the time interned therein there being now five buried there namely, my two wives, my daughter Mary Ellen and her daughter and Thomas Huston my father-in-law. The principal monument for myself and wives to be similar in cost and style to that of Bingham Jellison.

Lastly, I hereby constitute and appoint my son James Low Jr., my friend William

Gray of Hadley township and my son-in-law Jesse A. Smith executors of this my last will and testament hereby revoking all other if any by me made.

The above will consisting of 10 pages 6 of which are in the handwriting of Wm. R. Archer, Esq and 4 pages of which are in the handwriting of J. S. Irvin, Esq was this 24^th day of October AD 1887 subscribed asealed by me and published by me as my last will & testament.

                                 (Signed) James Low Sen.

Witnesses

S. L. Morgan

Chas J. H. Heck Jr.

Charles H. Shaw

Signed sealed published and declared by the said James Low senior as and for his last will & testament in the presence of us, who at the request of the testator and in his presence and in the presence of each other have subscribed our names as witnesses thereto this 24^th day of October 1887.

S.L. Morgan

Chas J. H. Heck Jr.

Charles H. Shaw

Inventory of the partial estate sale of James⁸ Low Sr was compiled by James “Nim”⁹ Low Jr. and filed Oct 3, 1890.

These records were kept by James "Nim"⁹ Low. They pertain to the disposition of his father's estate. It is strange, however, that no mention is made in these records of the bank accounts or real estate owned by James⁸ Low III. There is also no mention made of James⁸ Low III's personal effects. All items mentioned here seem to be related to the various business enterprises of James⁸ Low III.

James Low III claimed his father's land grant in Pittsfield in 1836. The original journal was digitized via scanner and stored on computer October 1997 by Bingham James Forrest¹² Lowe of Phoenix, Arizona. Bingham is the great-great grandson of James⁸Low III.

When Sold                    Articles Sold                              Name of Purchaser                   Amount

9/19/1889                                9 Stone jars                                             F. W. Danniel                                         $1.15

9/19/1889                                4 Chairs                                                  F. W. Danniel                                         .25

9/19/1889                                1990 lbs Old Iron                                    James McWilliams                                 4.80

9/19/1889                                4 Jars & 1 stand                                      H. Greathouse                                         .50

9/19/1889                                1Jar                                                         Lizzie Hoose                                          .15

9/19/1889                                2 Beadsteads & spring                            Phebe Smith                                           4.00

9/19/1889                                1 Cook stove                                           Phebe Smith                                           .50

9/19/1889                                5 Boxes & Barrels                                  Phebe Smith                                           .75

9/19/1889                                2 Jars                                                      Phebe Smith                                           .85

9/19/1889                                1 Halter                                                   Phebe Smith                                           .75

9/19/1889                                1 Table                                                    Phebe Smith                                           .75

9/19/1889                                3 Old Trunks                                          B.J. Low                                                 .25

9/19/1889                                1 Rug Carpet                                          B.J. Low                                                 1.10

9/19/1889                                1 Ax                                                        B.J. Low                                                 .10

9/19/1889                                18 Glass Jars                                           B.J. Low                                                 1.10

9/19/1889                                10 Stone Jars                                          B.J. Low                                                 .50

9/19/1889                                1 Coal Stove                                           B.J. Low                                                 1.00

9/19/1889                                1 Coal Stove                                           B.J. Low                                                 .50

9/19/1889                                1 Corn Planter                                        B.J. Low                                                 1.00

9/19/1889                                1 Half Bushel                                          B.J. Low                                                 .35

9/19/1889                                1 Brass Kettle                                         B.J. Low                                                 .50

9/19/1889                                1 Jar                                                        Charles Gilbert                                       .20

9/21/1889                                2 Jars                                                      John Davidson                                        .15

9/21/1889                                1 Stand                                                    John Davidson                                        .25

9/21/1889                                23 Bushel Oats                                       T. W. Smith                                            5.00

9/21/1889                                1 Stand                                                    W. Kenyon                                             .25

9/21/1889                                1 Buggy Harness                                    H. Greathouse                                         6.00

9/25/1889                                9 Jars                                                      W. Kenyon                                             .55

9/21/1889                                2 Jars                                                      John Davidson                                        .10

9/28/1889                                4 Jars                                                      Biss Weaver                                           .20

10/8/1889                                1 Jar                                                        F. W. Daniels                                         1.00

10/8/1889                                1 Table                                                    F. W. Daniels                                         .50

10/8/1889                                Chickens                                                 C.H. Shaw                                              10.72

10/16/1889                              Chickens                                                 T. W. Smith                                            1.25

10/8/1889                                1 Kettle                                                   J. ?                                                          1.00

10/8/1889                                1 Stone Jar                                              T. W. Smith                                            .05

10/19/1889                              1 Revolver                                              H. Greathouse                                         .50

11/9/1889                                117 Wheat                                              C. Chapman                                            85.56

11/9/1889                                1 Glass Jar                                              James Low                                              .10

11/9/1889                                Corn in Crib                                            B.J. Low                                                 5.00

11/9/1889                                Corn                                                        B.J. Low                                                 14.25

11/9/1889                                Potatoes                                                  B.J. Low                                                 1.00

11/16/1889                              1 Plow                                                    T. W. Smith                                            2.00

11/27/1889                              Timothy hay in stock                              Emmet Smith                                          4.00

12/20/1889                              Wheat 6.31 ²⁵                                         C. N. Chapman                                       474.05

12/20/1889                              Corn        101.30                                     E. Bins                                                    25.35

12/20/1889                              Corn        50.30                                       Brunswick                                              12.60

12/20/1889                              Corn        27.32                                       Crawford                                                6.90

12/20/1889                              Corn        25.50                                       Apleton                                                   6.40

12/20/1889                              Corn        53.20                                       Gorden                                                    13.80

12/23/1889                              Corn        77.55                                       ? (D.S.?) Landess                                   19.40

12/23/1889                              Corn        24.50                                       A. Archer                                                6.20

12/23/1889                              Corn        27.05                                       A. Cadwell                                             6.75

12/23/1889                              Corn        28.12                                       Duttan                                                     7.05

12/24/1889                              Corn        83.40                                       C. Chapman                                            20.85

12/23/1889                              Corn        26.20                                       ? (D?) Smith                                           6.55

1/27/1890                                Clover Hay                                             Gus Sweat                                              10.00

6/30/1890                                1 Mower                                                 J. Low                                                     5.00

9/2/1890                                 1 Buggy                                                  T. W. Smith                                            5.00

9/2/1890                                 Corn                                                        T. W. Smith                                            25.00

                                                                                                                Total Amount of Sales                          $810.38

Complete Listing:

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