Person:Mary Spier (2)

[Board.FBC.FBK.FTW]

Mrs. Mary Bishop

    After living in this county sixth-nine years, Mrs. Mary Bishop, one of the oldest residents in Peoria, died yesterday morning at 8:45 o'clock at the home of Thomas Mills, 805 Linn street.  At the time of her death Mrs. Bishop was 86 years old and had been ill since last October.  The aged woman leaves to mourn her death two daughters and one son.  The daughters are Mrs. Clara M. Mills of Peoria and Mrs. Eva G. Oaks of Denver.  Her son is Charles E. Bishop.
    Mrs. Bishop was born in Clifton Park, N. Y., in the year 1824.  When she was ten years old her parents moved to New Lebanon, N. Y., and it was at that place, when she was 14 years old, she united with the Methodist Episcopal church and was a devout member of that faith until the time of her death.  When she was 19 years old she was united in marriage to Hamilton Bishop of Malta, N. Y.  In the year 1840 Mrs. Bishop with her husband came to Peoria, where Mr. Bishop engaged in the livery business until his death in 1897.

Peoria Star (Peoria, Peoria, Illinois) 21 March 1910, page 9.

Will of Mary Bishop

    I, Mary Bishop, of the City and County of Peoria, Illinois, widow of Hamilton Bishop, deceased, being of sound mind and memory, do hereby make, publish and declare this to be my last will and testament, and I do hereby revoke, cancel and annul any and all former wills or codicils, by me at any time heretofore made, and declare this, my last and only one, to be as follows:
    First:  It is my will that at my death, all my just debts and funeral expenses be first duly paid out of my estate, and in the manner directed by law.
    Second:  After the payment of such debts and funeral expenses, the remainder of my estate that I may die seized, possessed of, or become entitled to, be it real, personal or mixed, and wheresoever the same may be situate or found, I give, devise and bequeath, as follows:
    Third:  To my grandchildren living at the time of my decease I give, devise and bequeath the some of two hundred ($200.00) dollars each, and direct my executors hereinafter named to pay such said amount over to each of my grandchildren then living and of age, and to those not of age, I direct that said share be paid to the mother of such children, if living, if not, then to the father, if living, and if both parents of any such minor grandchildren be then, I direct my executors to place such sum in some responsible bank at interest, and the said amount with the accumulation thereon to be paid to such minor grandchildren at the time of reaching majority.
    Fourth:  After the payment of said bequests, out of the remainder of my estate as above specified, to my daughter, Clara M. Mills, now of the City of Peoria, Illinois, I give, devise and bequeath a one-third portion thereof, to her, her heirs and assigns forever.
    Fifth:  To my daughter Eva G. Oakes, now of Denver, Colorado, I give, devise and bequeath a one-third portion thereof, to her, her heirs and assigns forever.
    Sixth:  To my son, Charles E. Bishop, now of the City of Peoria, Illinois, I give, devise and bequeath the remaining one-third portion of my estate, to him, his heirs and assigns forever.
    Seventh:  In the event that my said son, Charles E. Bishop, dies before I do, and leaves no issue him surviving, then in such case, my will is that one thousand ($1000.00) dollars out of that portion of my estate herein bequeathed to him, shall be paid to his widow, if she continues to live with him as his wife up to the time of his death, and the remainder of such portion of my estate herein given and bequeathed to my son, Charles E. Bishop, shall be paid over in equal shares to my said daughters, Clara M. Mills and Eva G. Oakes; and in the event either of my said daughters be then deceased, the share of the one deceased shall then be paid to her issue surviving; and in the event of the death of either of my said daughters leaving no issue surviving, the share of the one deceased shall be paid over to the daughter surviving, or her issue.
    Eight:  Having at different times made advancements in money to my children, my will is that all uncanceled advancements found among my papers or books, against any or either of them, at the time of my death, be charged against their respective distributive shares of my estate, and in the distribution of my said estate, my executors hereinafter named, adjust all such advancements and accounts so found to be due in the manner herein provided.
    Tenth:  (There is no Ninth):  Lastly, I do hereby nominate and appoint my son Charles E. Bishop and my son-in-law Thomas Mills, to be executors of this my last will and testament, and in the event of the failure or refusal of either of them to qualify as such, or of the death or resignation of either after being qualified as such, then the one surviving shall carry out and fully administer my estate, as such executor under this will.
    In testimony whereof, I have hereunto set my hand and seal the 15th day of September A.D. 1904.

Mrs. Mary Bishop

Codicil to Last Will and Testament of Mary Bishop

    I, Mary Bishop, of the city of and county of Peoria, Illinois, having made my last will and testament bearing date the 15th day of September A.D. 1904, do now make this codicil to be taken as a part of the same.
    First.  I hereby ratify and confirm said will in every respect save insofar as any part of it is inconsistent with, modified by or revoked with this codicil.
    Second.  I hereby revoke, cancel and annul clauses sixth and seventh of my said last will and testament, and in lieu thereof my will is as follows:
    Having in and by clause sixth of my said will and testament given to my son Charles E. Bishop, his heirs and assigns, a one-third (1/3) portion of my estate, in lieu thereof and out of said one-third portion I do now devise and bequeath to Madison Horton of the city of Peoria, Illinois, the sum of two thousand ($2000.) dollars, in trust however, to be held by him for the following uses and purposes:  He shall invest said sum in good safe interest bearing securities, and the income so received I direct he shall pay over to my said son semiannually so long as he , my said son, shall live; and if at any time it becomes necessary in the judgment of my said trustee, to use any portion of the principal herein devised in trust, for the purpose of procuring for my said son a home during his lifetime in any institution devoted to such purposes, then and in such case my said trustee is hereby authorized to use and expend such portion of said principal sum as may be required or necessary for such purpose.  Or, if it shall become necessary in the judgment of my said trustee to use any portion of said trust fund for the purpose of providing for my son through any sickness, then and in such case he is authorized to use such portion there of as may be necessary to properly care for my said son during such time, and in case of the death of my said son my trustee is authorized to use such portion of said trust fund as may be necessary to provide his necessary funeral.
    Third.  The remainder of said one-third (1/3) portion of my estate I give, devise and bequeath to my son Charles E. Bishop, to him him heirs and assigns forever.
    Forth.  It is also my will that my said son Charles E. Bishop, shall have full power, right and authority to dispose by will during his lifetime, of all or any portion of my estate herein given in trust to Madison Horton as trustee, that may remain unexpended for the uses aforesaid, at my sons death; and in the event that any portion of said trust fund shall at my sons death remain unexpended and my said son shall fail to make disposition by will of said unexpended sum, and shall die leaving surviving him any child or children, then in such case I direct that such unexpended portion of said trust fund shall be paid over by said trustee to such child or children, if any, of my said son Charles E. Bishop, share and share alike as an absolute estate of inheritance forever.
    Fifth.  In the event the trustee herein named shall refuse to accept the duties imposed upon him under the trust hereby created, or, having accepted the same shall thereafter refuse to act, or shall die, then and in such case my will is that the circuit court, if then of competent jurisdiction, shall appoint a successor to my trustee herein named.
    Sixth.  In the event my son Charles E. Bishop, shall die without having disposed by will of any portion of the trust fund that may then remain unexpended in the hands of my trustee, and shall leave no child or children him surviving, then and in such case my will is that my trustee shall pay over in equal parts such unexpended portion then in his hands, to my daughters Clara M. Mills and Eva G. Oakes, and in the event that either of my said daughters be then deceased, the amount herein bequeathed to said daughter out of said trust fund, if nay, shall be paid over in equal parts by my trustee, to the child or children of said daughter so deceased; and in the further event that either of said daughters shall die leaving no child or children, or descendants of such child or children, then and in such case said amount shall be paid over to the daughter surviving, if any, or to the child or children of said daughter if then deceased.
    In testimony whereof, I have on this third day of December A.D. 1909 hereunto set my hand and seal to this the only codicil by me at any time heretofore made to my said last will and testament.

Mrs. Mary Bishop

Certificate of Mailing Petition and Notice to Heirs at Law and Legatees.

    Peoria County, State of Illinois.  In probate court April 1910.  In the matter of the petition of Thomas Mills and Charles E. Bishop for the probate of the will of Mrs. Mary Bishop, deceased.  

Heirs and legatees: Clara M. Mills Peoria, IL 905 Linn St. Eva G. OaksDenver, CO965 Washington Charles E. BishopPeoria, IL414 Fulton St. Myrtle B. MillsDecatur, ILc/o Y. W. C. A.\ Ella M. MillsPeoria, IL905 Linn St. Charlotte MillsSanger, CA Alice T. CavenderAustin, IL813 Waller St. Harold B. OaksDenver, CO985 Washington

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   Date of Import: 14 May 2004