Last Will and Testament of John Burke

BURKE, POWERS, RYAN, MCCONNELL, PRUYN, WOLFE, SMALL

Posted By: Char (email)
Date: 5/24/2010 at 22:57:00

The last will and testament of John Burke of Welton Township Clinton County Iowa.

I John Burke of Welton Township Clinton County Iowa being of sound mind and memory but mindful of the uncertainty of life do make declare and publish this my last will and testament in manner following that is to say:

I give, devise, and bequeath to my beloved wife Nancy Burke for and during the term of her natural life, the west half of the southwest quarter of Section eleven (11) Township eighty two North Range three (3) East of the 5 P. M. with the full power to dispose of the rents and profits as she may see fit and upon her death I devise the same absolutely in fee simple to my son Thomas Burke and to his heirs forever.

I give, devise and bequeath to my beloved wife Nancy Burke all of my personal property except notes and money absolutely in her own right to have and dispose of the same during her lifetime, but it is my wish that she give to my sons John Burke and Stephen Burke as soon as they commence to work for themselves enough of stock to start them well on in life together with such farm implements as may be necessary she to use her own judgment as to what shall be necessary for each one to get and in the event of her having given to John and Stephen such of the personal property as in her judgment they should have while she lives, all that should be left at her death I give and bequeath to my son Thomas Burke but on the event of her death before said divisions is made I direct that my personal property herein bequeathed be divided share and share a like between my three sons John, Stephen, and Thomas or if one should have his share then that the remainder be divided between the other two.

I give, devise and bequeath to my beloved daughter Lizzie Burke One Thousand dollars.

I give, and bequeath to my beloved daughter Margaret ??alian Six Hundred dollars.

I give, devise and bequeath to my beloved daughter Mary Ryan Four hundred dollars.

I give, devise and bequeath to my beloved daughter Johanna Powers Four Hundred dollars.

I give, devise and bequeath to my beloved daughter Ann McConnell Four Hundred dollars.

It is my wish that my executrix herein after named pay said legacies out of any money or notes I may own at the time of my death and that she pay the same as collected or as she has the money and to such one first as she may consider most needs it and on the event that there should not be notes or money enough to pay the same that they be paid out of the remainder of my estate.

Having already advanced to Wm. Burke the full share of my estate going to him it is my will that he take no part of my property.

I give devise and bequeath to my beloved son John Burke the east half of the South west quarter of Section Eleven (11) Township eighty two (82) North Range three (3) East 5 P. M. in fee simple to him and to his heirs for ever.

I give devise and bequeath to my beloved son Stephen Burke the west half of the South East quarter of Section Eleven (11) Township eighty two (82) North Range three east of the 5 P. M. in fee simple to him and to his heirs forever.

I further give to John Burke and Stephen Burke a strip of land Sixteen (16) feet wide for a road on the North side of the South West quarter of said Section Eleven to the public highway on the west side of said quarter.

On the even(t) of my beloved wife dying before my daughter Lizzie shall have attained the age of twenty one years or marrying it is my wish and the property I have devised to my three sons John, Stephen and Thomas be and it is charged with the payment of one hundred and eighty dollars a year (Sixty dollars to each one) to aid in her schooling and support until she shall attain said age of twenty one or until she shall marry should she marry before she attains said age.

On the event of the death of any one of my said daughters to whom I have left legacies in this will it is my wish that said legacy be paid to the heirs of their body and on the event of their having no such heirs then that it revert to my wife.

I give devise and bequeath to my beloved wife all the rest and residue both personal and real property and of every nature and kind as her own forever to do with as she may see fit.

I nominate and appoint as sole executrix of this my last will and testament my beloved wife Nancy Burke and I exempt her from giving any bond or security as such executrix and I revoke all prior wills by me heretofore made. Witness my hand this 29 day of July 1887.
John Burke

We the undersigned in the presence of John Burke and at his request and in the presence of each other have subscribed our names to this instrument as witnesses and we further certify that before said will was signed on the last line of the first page “ and money” was written in and on the first line of the second page after the word same the words were underscored “during her lifetime” and on the eleventh line of the fifth page after the word Thomas was underscored “be and it” all of which I subscribed this 29th day of July 1887.
Fred L. Small
S. Pruyn?
P. B. Wolfe

State of Iowa }
Clinton County } SS
I William Kreim, clerk of the District Court in and for said County do hereby certify that on this day at the Nov. Term A. D. 1888 of said Court the will and instrument in writing hereunto annexed and bearing date in the 29th day of July 1887 was duly proved before and allowed by said court as and for the last will and testament of the real and personal estate of John Burke 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 at my hand and affixed the seal of the court at my office in Clinton in said County this 20th day of Nov. A. D. 1888.
Seal – William Kreim, Clerk