Last Will of Balthasar Merz, died 1906

MERZ, KIRCH, WOERSCHINGER, BLOCK, WILSEY, HELLER, SCHERLING, IHM, SCHOLZ, WEBB

Posted By: Ken Johnson (email)
Date: 10/17/2015 at 14:24:26

Last WILL AND TESTAMENT OF BALTHASAR MERZ.

I, Balthasar Merz, of the County of Clayton and State of Iowa, being of full age and sound mind, do make publish and declare this my last Will and Testament that is to say.

1. I direct that all my lawful debts, the expenses of my last sickness and funeral and of the administration of my estate be first paid and subject thereto.

2. I give, devise and bequeath to my daughter Christina Kirch, my residence in Guttenberg Iowa, which is more particularly described as follows: Lots Seven (7) and Eight (8) in Block Three (3) in Prairie La Porte now a part of the Town of Guttenberg Iowa, to be her absolute property.

3. I give, devise and bequeath to my grand-son Balthasar Kirch who is a son of my above named daughter my land known as the Island and described as follows:-- Lots 2 and 6 of Lot 2 in Sec 21 Twp 92 Range 2 in Clayton County Iowa.

4. Should I own any other land at the time of my decease besides the Real Estate devised in paragraphs 2 and 3 above, then I direct that such real estate shall be sold by my executor to the highest bidder, without first asking an order of the Court to do so, and without giving an extra bond and the proceeds of such sale shall be added to my moneys and credits.

5. If after my decease all my moneys and credits consisting of notes, cash, or any other secureties [sic] shall, after being turned into cash, amount in the aggregate to Two Thousand Dollars ($2000.00) or more, then I direct that such sum shall be divided into two equal parts and one part (or one half) of such sum shall be paid by my executor to my daughter Christine [sic] Kirch.

The other part, or other half of said sum shall be divided into ten equal parts and distributed as follows – Two parts to my sister Margaretta Woerschinger, residing at Goppingen Wurtenburg [sic] Germany. Two parts to Emilie Block of Guttenberg Iowa. Two parts to Lena [sic: Leona] Kirch who is my grand-daughter at Dubuque Iowa. One part to my Grandson Balthasar Kirch at Dubuque Iowa, One part to my grand-son Perry Kirch Wilsey at Dubuque, Iowa, One part to my Grand-daughter Elizabeth Heller at Dubuque, Iowa, One part to my great grand child Carl B Heller who is the son of my grand-daughter Elizabeth Heller.

But the distribution directed in this paragraph five shall only be made in case after my death my total cash assets, (over and above the Real Estate devised in paragraphs two and three and after all collectable notes have been collected) shall amount to $2000.00 or more after all just debts and expenses have been paid.

6. Should the cash assets of my estate after payment of my debts amount to less than $2000.00 then I direct that my sister Margaretta Woerschinger of Goppingen Wurtenberg [sic] Germany shall receive only the sum of One Hundred Dollars and all the balance of the cash on hand is in that case to be paid to my daughter Christina Kirch to be her absolute property and all the other beneficiaries named in Paragraph five are to receive nothing except my sister above named who is to get $100.00. But should the cash assets of my estate amount to $2000.00 or over then it is my desire, and I direct, that the distribution of the same be made as directed in Paragraph five of this will.

7. All my furniture and household goods shall be equally distributed among the beneficiaries named in this Will with the exception of my sister Margaretta Woerschinger who shall not share in the furniture and household goods.

8. Should my sister Margareta Woerschinger of Germany die before me then her share under this Will is to be equally divided among the other beneficiaries under this Will.

I hereby nominate John Scherling of Parkersburg, Iowa to be the Executor of this my last Will and Testament.

In witness whereof I have hereunto subscribed my name at Guttenberg Iowa, on this 27th day of March 1905.

Balthasar Merz.

The foregoing type written instrument, consisting of two sheets of paper was on the 27th day of March 1905, subscribed by the Testator, Bathasar Merz, as and for his last Will and Testament in the presence of each of the undersigned, who at his request, in his presence, and in the presence of each other, have signed our names hereto as subscribing witnesses.

Carl Ihm, Guttenberg Iowa

Chas. E. Scholz, Guttenberg Iowa

PROOF OF WILL

State of Iowa

Clayton County

I, Ray Webb Clerk of the District Court in and for said County, do hereby certify that on this date at the September Term A. D. 1906 of said Court, the Will and Instrument in writing hereunto annexed and bearing date on the 27th day of March 1905 was duly approved before and allowed by said Court as and for the last Will and Testament of the Real and personal estate of Balthasar Merz, late of said County, deceased, and was by said Court ordered to be recorded as such Will and Testament.

In witness whereof, I have hereunto set my hand and affixed the seal of said Court at my office in Elkader in said County this 10th day of September A. D. 1906.

Ray Webb, Clerk.

[original available at ancestry.com in the database Iowa, Wills and Probate Records, 1758-1997]