Preserved by Bill and Sherry Jandt
digital transcription by Tom L. McFarland in August 2001
DBW:HP 1&7 12/26/40 689
STATE OF ILLINOIS
COUNTY OF DE KALB
IN THE CIRCUIT COURT OF DE KALB COUNTY
IN THE MATTER OF THE ESTATE
||GENERAL NO. 15295
HENRY S. DAVIDS, DECEASED
Now comes Calvin D. McKay, Successor trustee under the will of Henry S. Davids, Deceased, by
Seyfarth and Atwood, his attorneys, and respectfully represents unto the court as follows :
- On or about February 2, 1888, Henry S. Davids, of Sandwich, Illinois, duly made, executed
and published his last will and testament, a true copy of which is hereby attached, marked
Exhibit "A", and by this reference made a part of this petition. Thereafter, on or about
February 8, 1888, said Henry S. Davids died, leaving his last will, by the terms of which a trust
was created for the benefit of his daughter, Charlotte Judd Davids, and certain other persons.
After the death of said Henry S. Davids, said will was duly proved and admitted to probate in the
County Court of DeKalb County, Illinois. Thereafter, in accordance with the terms of said will,
letters testamentary were issued to one J. Phelps Adams, who was appointed executor of said will.
Said J. Phelps Adams thereafter administered the estate of said Henry S. Davids, and made
distribution of the residue of said estate to himself as trustee under said will.
By paragraph Fourth of said will, said testator [Henry Davids]
bequeathed and devised to said J. Phelps Adams all the residue and remainder of his estate
in trust to support, educate and provide for said Charlotte Judd Davids until she should
arrive at the age of twenty-one years, then to pay over to said Charlotte Judd Davids the income
from said estate for and during the period of her life. Said will provided further that upon the
death of said Charlotte Judd Davids, leaving lawful issue, the trustee should pay to such issue,
or the legal guardian or guardians of the same, all the residue and remainder of said estate
with the accumulations and increase thereof.
Said J. Phelps Adams acted as trustee of said estate during the period of minority of
Charlotte Judd Davids following the death of Henry S. Davids, and until she attained the age of
twenty-one years. Thereafter, on or about December 11, 1900, said J. Phelps Adams instituted
these proceedings by filing his petition for the appointment of himself as testamentary trustee
of the estate of Henry S. Davids. On or about January 9, 1901, this court granted the prayer of
said petition and appointed J. Phelps Adams as the testamentary trustee of said estate. Said
J. Phelps Adams duly entered upon his duties as trustee under the will of said Henry S. Davids
and continued to administer the trust estate thereunder until his death in 1904.
Thereafter, on or about July 6, 1904, Charlotte D. Edgerton (nee Charlotte Judd Davids), as
beneficiary under said will, filed her petition in these proceedings for the appointment of a
trustee to succeed J. Phelps Adams. On or about July 6, 1904, this court entered an order
appointing George E. Edgerton, the then husband of said Charlotte D. Edgerton, as successor
trustee under the will of Henry S. Davids. Said George E. Edgerton duly entered upon his duties
as successor trustee under said will and continued to administer the trust estate thereunder
until the time of his death, on November 5, 1937.
On July 20, 1938, said Charlotte D. Edgerton filed a petition in these proceedings reciting the
matters and things herebefore stated and praying for the appointment of a trustee to succeed said
George E. Edgerton as trustee under the will of said Henry S. Davids. Due notice of the
presentation of said petition was served upon all parties in interest. Upon the filing of said
petition, this count entered an order appointing this petitioner
[Calvin D. McKay] as successor trustee under the will of Henry S.
Davids, and fixing the amount of petitioner's bond, as such successor trustee,
in the sum of $1000.00.
Thereafter, on July 20, 1938, the individual bond of petitioner, as successor trustee under the
will of Henry S. Davids, in the penal sum of $1000.00 was duly approved by this Honorable Court
and filed with the Clerk of this Court. Thereupon petitioner duly entered upon his duties as
successor trustee under said will and ever since has administered the trust estate thereunder.
On September 13, 1939, said Charlotte D. Edgerton died leaving four children surviving as her
lawful issue, to-wit: Calvin D. McKay, George Emmet Edgerton, Charlotte Edgerton Lane,
and Florence Edgerton Purkey, and two grandchildren, to-wit : Ruth Ann McKay, daughter
of petitioner, and Wendell Purkey, the son of Florence Edgerton Purkey. Said Calvin D. McKay,
George Emmet Edgerton, Charlotte Edgerton Lane, and Florence Edgerton Purkey are all of the
children ever born to said Charlotte D. Edgerton, and said Ruth Ann McKay and Wendell Purkey
are all of the children ever born to said Calvin D. McKay, George Emmet Edgerton, Charlotte
Edgerton Lane, or Florence Purkey [apparently Florence secretly bore another,
Russell, put up for adoption]. Said Calvin D. McKay, George Emmet Edgerton, Charlotte
Edgerton Lane, and Florence Edgerton Purkey are each of legal age. Said Ruth Ann McKay is an
infant [in 1940 Ruth was 17 years old], and said Wendell Purkey is an infant.
Said Calvin D. McKay, George Emmet Edgerton, Charlotte Edgerton Lane, Florence Edgerton Purkey,
Ruth Ann McKay, and Wendell Purkey are the only persons in being who, under any construction of
said will, have any present or contingent interest in said trust estate.
Said will provides in part as follows :
"THIRD : Upon the death of my daughter, leaving lawful issue, to pay over to such
issue or the legal guardian or guardians of the same, all the said Estate and property,
with the accumulations and increase thereof, then remaining in the hands of said
Executor or Trustee."
Petitioner desires the aid of this Honorable Court in the construction of said will, for the
determination of the members of the class entitled to share under said will as lawful issue
of said Charlotte D. Edgerton.
Petitioner is filing herewith his First Current Report and Account as successor trustee under the
will of said Henry S. Davids. As set forth therein, petitioner has on hand at the present time
the sum of $5,163.47 cash, and, in addition, the following securities :
Certificate No. 83 representing 70 shares of The Loomis Trust (a trust estate), dated August 23,
1938, without par value. Said 70 shares have a present market value of approximately $6.00 a
share, or $420.
Certificate of Deposit No. 183 respresenting a deposit of 6% First Mortgage Bonds in the principle
amount of $1,700.00 of The Southport, executed by William T. Geary, dated August 22, 1938. The
Southport-Irving Building Corporation, an Illinois Corporation, the owner of the equity in the
property forming the security for said first mortgage bonds of The Southport, is now in the
process of reorganization under the provisions of the Bankruptcy Act, in the United States
District Court for the Northern District of Illinois, Eastern Division, Case No. 69200. A Plan
of Reorganization has been approved by the court in said proceedings which provides for
distribution to petitioner, and other holders of Certificates of Deposit for said first
mortgage bonds, of trust units in a liquidating trust. Under said plan, 17 trust units will be
distributed upon the claim of petitioner filed in said proceedings. Petitioner is advised by
brokers dealing in unlisted securities in Chicago that the present market quotation on
Certificates of Deposit of The Southport $1.00 bid and $2.00 offered on each unit of $100.00
represented by said certificates. Upon this basis the value of said certificate No. 183 would be
approximately $17.00. The consummation of the proceedings in said case No. 69200 might result
in an increase in the value of this asset.
- Certificate No. 166 representing 10 shares of the capital stock of California Safe Deposit
And Trust Co., dated November 19, 1896, on a par value of $100.00 per share. Petitioner is
informed and believes, and upon such information and beliefs states the fact to be, that said
California Safe Deposit And Trust Co. became insolvent on or about November 1, 1907, and was
thereafter dissolved ; and that said 10 shares of its capital stock have no value.
The issue of said Charlotte D. Edgerton, as determined by this court, are presently entitled
to receive their pro rata shares of the assets comprising the subject matter of the trust
estate. Because of the speculative value of the assets in said trust estate, other than cash,
petitioner desires the aid and direction of this court in determining when, and upon what
conditions, final liquidation and distribution shall be made of said assets.
The Joinder of Appearance of Calvin D. McKay, George Emmet Edgerton, Charlotte Edgerton Lane,
Florence Edgerton Purkey, Ruth Ann McKay, and Wendell Purkey, attached hereto and by this
reference made a part hereof, confers jurisdiction of this court over all the parties having any
interest under the will of Henry S. Davids, as the lawful issue of Charlotte D. Edgerton
(nee Charlotte Judd Davids). Petitioner respectfully represents that an order should be entered
herein appointing a guardian ad litem for the protection of the interests, if any, of
Ruth Ann McKay and Wendell Purkey, the infant grandchildren of said Charlotte D. Edgerton, in
the matter of this petition.
Under the provisions of "An Act concerning compensation of trustees" as amended (Ill. Rev.
Stats. 1939, Chap. 148, Sec 31), petitioner is entitled to be allowed and paid from the assets of
the trust estate a reasonable compensation for his services as successor trustee under the wiull
of Henry S. Davids. In addition, petitioner is entitled to pay a reasonable fee out of said
assets to his attorneys, Seyfarth and Atwood, and to take credit therefore in his Report ad
Account, for the services rendered by said attorneys to petitioner in connection with the
preservation and administration of the trust estate created under said will. Petitioner has filed
herewith his petition for the allowance of such fee to said attorneys, and there is annexed
thereto a statement of the services rendered by said attorneys to George E. Edgerton, as
successor trustee under said will, to Charlotte D. Edgerton, as beneficiary thereof, and to
WHEREFORE, petitioner respectfully prays as follows :
That an order be entered herein appointing a guardian ad litem of Ruth
Ann McKay and Wendell Purkey, in the matter of this petition.
That this Honorable Court construe and declare the true meaning of the will of
Henry S. Davids, so as to determine the members of the class comprising the
"lawful issue" of Charlotte D. Edgerton (nee Charlotte Judd Davids) who are
entitled to receive pro rata shares of the assets of the trust estate
created under the will.
That this Honorable Court determine the manner of distribution, whether partial
or complete, to be made by petitioner to such "lawful issue" at the present time.
That an order be entered herein confirming the appointment of petitioner as
trustee under the will of Henry S. Davids approving petitioner's
Current Report and Account, filed herewith ; and fixing and allowing to
petitioner a reasonable fee as compensation for his services as such
That an order be entered herein fixing and allowing the fee of the law firm of
Seyfarth and Atwood, for services rendered by said firm to George E. Edgerton,
as successor trustee to Charlotte D. Edgerton, as beneficiary thereof, and to
petitioner, in the preservation and administration of the trust estate created
under said will, and authorizing and directing petitioner to pay said firm said
fee, taking credit therefore in his Report and Account.
That this Honorable Court may grant petitioner such other and different relief
as may be equitable in the premises.
Successor Trustee under the Will of Henry S. Davids
Attorneys for said Successor Trustee.
Attached is the form of an affidavit to be signed by Calvin D. McKay.
|LAST WILL OF HENRY S. DAVIDS
Know all men by these presents, That I, Henry S. Davids, aged forty-eight (48) years, now a
resident of Sandwich in the county of De Kalb and State of Illinois, being of sound [mind] and memory,
and not acting under the influence of any person whatsoever, do make, publish and declare this
my last Will and Testament as follows :
I direct that all legal claims against myself and my estate be fully paid and
All the jewelry and personal effects formerly belonging to my deceased wife
(a portion of which is now in possession of her father Calvin Brown of San
Francisco, California) I give and bequeath to my daughter Charlotte Judd Davids.
My clothing and uniforms, watch, sword, instruments, insignia, badge, books, cane,
epaulettes and similar personal effects, a portion of which is also in
possession of Calvin Brown, I give to Walter G. Adams to be retained by him and
disposed of among my friends as he shall see fit, the same to be delivered to
him by my executor hereinafter named on his personal receipt.
All the rest, residue and remainder of my estate, both real and personal and of
any kind and nature whatsoever, of which I may be possessed or to which I may
be entitled at the time of my decease, I give and bequeath, grant and devise to
J. Phelps Adams, Esq. of Sandwich in this County and State - who is hereinafter
named as Executor of this Will In Trust for the following purposes :
To support, clothe and suitably educate and provide for in all needful and proper
ways, my daughter Charlotte Judd Davids, who is now of the age of twelve years,
until she shall arrive at the age of twenty-one (21) years, it being my
especial desire that she shall have the benefit of first class school training
To pay over to my said daughter, after she shall have arrived at the full age
of twenty-one (21) years from time to time, and as often as once in each year,
all the income and interest derived from my said Estate, after deducting
necessary expenses, lawful commissions and other proper and lawful charges, for
and during the period of her natural life, upon her own personal receipt therefore.
Upon the death of my said daughter, leaving lawful issue, to pay over to such
issue or the legal guardian or guardians of the same, all the said Estate and
property, with the accumulations and increase thereof, then remaining in the
hands of said Executor or Trustee.
In the event of the death of my said daughter without lawful issue then living -
I direct that the whole estate and property then remaining, with the increase
thereof, shall be divided into twenty one (21) equal parts - and the same shall
be distributed as follows : To my sister, Emeline Cox, five parts. To her
daughter Mary E. Adams, five parts. To my nephew, Henry A. Cox, two parts. To my
neice, Mary Oscar Davids, two parts. To my neices Ella Landis and Alice O.
Landis, each one part. To my nephews, Leray Vermilye and Oscar Vermilye, each one
part. To my neices, Maria Weir, Jessie Woodward, and Kate Potter, each one part.
In the case of the death of any of these persons before such distribution shall
be made, I direct that the Estate be distributed among the survivors in the
proportions above given.
It is my earnest wish that my said daughter should be and remain with my own
personal relative until such time as she may have a home of her own by marriage
or otherwise, and that she should make her home in the family of Walter G. Adams
(whose wife is my neice) both of whom have at my request kindly consented to make
a home for her in their family, but inasmuch as their residence is now out of
the State of Illinois, and for that reason, said W. G. Adams could not act as
guardian of my said daughter, as would be my wish, I hereby nominate and appoint
J. Phelps Adams, Esq. aforesaid, guardian of my said daughter, during the full
period of her minority. I direct that no part of the income or interest arising
from my said estate shall be paid over to my said daughter, after she reaches
the age of twenty one years, as hereinabove provided, if she shall take up her
residence at any time, and so long as she shall reside, with either her
grandfather, Calvin Brown - or his wife, or any one of his sons, or his
daughter, or if she shall place her property or business interests or any part
thereof under his or their control or management. [bold
face added in August 2001] My daughter understands my wishes in this regard,
and I trust she will dutifully respect and observe them.
I hereby nominate and appoint my friend J. Phelps Adams, Esq. of Sandwich,
aforesaid sole executor of this my Last Will and Testament and it is my
express will and direction that he be not required to give Bond or Security as
such Executor - or as Trustee of my Estate, or as guardian of my said daughter.
I also authorize and empower him as such Executor to bargain and sell and by
suitable deed or deeds, dispose of and convey to such person or persons as he may
see fit, and for such a price as hee shall deem adequate and sufficient, any and
all Real Estate belonging to me at my decease. I direct that my Estate, so far as
may be shall be kept until final disposal thereof, in good interest bearing
securities special care being taken that the same may be safe and reliable.
In testimony whereof I have hereto set my hand and affixed my seal this second day of February,
[signed and sealed] Henry S. Davids
The foregoing instrument consisting of five (5) pages of legal cap paper, was at the date thereof,
signed, sealed, published and declared by the said testator Henry S. Davids, 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 signed our names as witnesses thereto.
[signed] S.B. Stinson, residing at Sandwich, Ills.
[signed] E.A. Manchester, ditto ditto