Will of Joshua Short, 22 August 18361
In the name of God: Amen
I, Joshua Short, of the county of Sangamon and state of Illinois, being infirm in body but of sound mind and memory do ordain
and establish the following as my last will and testament revoking all others.
It is my will that all my debts, if any there be, be immediately paid at my decease.
It is my will that all my property be disposed of at my decease, as follows (viz)
It is my will that my dearly beloved wife Parthena Short shall have and retain all the property that she had at the time of my marriage with
her, or that she has since made.2
It is further my will that, if she, my said wife, shall, at my decease, desire to
^go^ her relations, she shall be conveyed thence at the expense of my estate.
It is my will that, after the above provisions are carried into effect, all the remaining
part of my estate be equally divided between my three sons, Joseph Short, John Short, and William Short, and my three daughters, Sarah Bennett, Chloe Thomas and Elizabeth Short, and my grandson Allen Short, being the son of my deceased son James Short.
It is my will that my son John Short, and my son-in-law James Short be the executors of this my last will and testament
In testimony whereof I have hereunto set my hand and seal this twentysecond day of
August, in the year of our Lord one thousand eight hundred and thirtysix.
| his | ||
| Joshua | X | Short seal |
| mark |
[ certification
]
Attest
A. LincolnJohn Lillie
| his | ||
| Josiah | X | Cook |
| mark |
[ endorsement
]
-0/-0/1849
-0/-0/1849
We do solemly swere that this writing contains the true last will and testament of
the within named Joshua Short deceased so far as we know or believe and that we will
well and truly execute the same, by paying first the abts[debts] and then the lagacies mentined therein as far as his goods and chattles will thereunto
extend and the law charge use and that we will make a true and perfect inventory of
all such goods and and chattles[,] rights and credits as may come to our hands or knowledge belonging to the Estate
of the said deceased and render a and just account of our executorship when thereunto
required by Law to the best of my Knowledge & abilitie so help me God
James ShortJohn Short3[ certification
]
02/09/1841
02/09/1841
Subscribed & Sworn to this 9th Day of Feby. 1841
A. D. Wright P. J. P. M. C[Probate Justice of the Peace for Menard County]<Page 2>
[ certification
]
02/08/1841
P. J. P. M C
02/08/1841
Joshua Short.s Will
Recorded in Book No 1 Page 90
Recorded in Book No 1 Page 90
I do hereby Certify that the4 Within Will has been proved up by the Oath of A. Lincoln & John Lillie
Feby 8th 1841 seal A. D. WrightP. J. P. M C
1Abraham Lincoln wrote the entirety of the text of the will and the signatures of Short
and Cook, who presumably made their own “X” marks. Lillie signed his own name.
2Illinois enacted statutory provisions for married women’s property rights in 1861.
Until then, in any estate settlement without a will, the widow would receive one-third
of the real and personal property of her deceased husband.
“An Act to Protect Married Women in their Separate Property,” 21 February 1861, Public Laws of Illinois (1861), 143; “Dower,” 3 March 1845, Revised Statutes of Illinois (1845), 198-203.
3In 1843, one of the heirs sued James Short and John Short in the Menard County Probate Justice of the Peace Court for failing to probate Joshua Short's will. The court ruled against the executors,
but James Short retained Lincoln and appealed to the circuit court, which dismissed
the lower court’s decision for lack of jurisdiction.
Order in Short for the use of Short v. Short, 6 June 1843, General Record A, 149, Menard County Circuit Court, Menard County Courthouse,
Petersburg, IL; Short for use of Short v. Short, Martha L. Benner and Cullom Davis et al., eds., The Law Practice of Abraham Lincoln: Complete Documentary Edition, 2d edition (Springfield: Illinois Historic Preservation Agency, 2009), http://www.lawpracticeofabrahamlincoln.org/Details.aspx?case=135204.
Handwritten Document Signed with a Mark, 2 page(s), Menard County Circuit Court (Petersburg, Illinois).