Last Will and Testament of James Devitt

DEVITT, GOODALL, MCANDREWS, COCHRAN, MULVIHILL, WHITTEN

Posted By: Char (email)
Date: 6/7/2010 at 00:38:27

The last will and testament of James Devitt of Liberty Township Clinton Co. Iowa.
I James Devitt of Liberty Township, Clinton County Iowa being of sound mind and memory do make declare and publish this my last will and testament and I hereby revoke all prior will by me mad.

I give devise and bequeath to my beloved wife Mary Devitt for and during the term of her natural life to have the use of the rents and profits thereof – the west half of the north east quarter. The East half of the North West quarter of the North East quarter of the South West quarter of Section Twenty (20) Township Eighty two (82) North Range one East of the 5 P. M. containing two hundred acres more or less and upon her death I give devise and bequeath the same property to my son John Owen Devitt as his own absolutely on the event of his having any children of his body begotten but on the event of his dying without issue as aforesaid then said property is to revert back and become a part of my estate and to be divided equally between all of my heirs share and share alike.

I also give and bequeath to my wife Mary Devitt and my son John Owen Devitt one blind horse named “Frank” two old mares named “Nancy” and “Solia” and one Gray named “Poney” those are not to be sold but to be kept on the place. I also bequeath to them their pick of five cows and five calves, ten hogs, one team of work horses, wagon and harness, plow, harrow, cultivator, and mower.

I bequeath to my son Gilbert C. Devitt One thousand dollars.
I bequeath to my son James F. Devitt One thousand dollars.
I bequeath to my son William Devitt One thousand dollars.
I bequeath to my daughter Catharine C. Cochran One thousand dollars and an additional sum of two hundred dollars as pay for her services in nursing me during my sickness.
I bequeath to my daughter Mary Mulvihill One thousand dollars and an additional sum of two hundred dollars as pay for her services in nursing me while in Chicago during my sickness.
I bequeath to my daughter Ellen Devitt One thousand five hundred dollars.
I bequeath to my daughter Eliza J. Whitten fifty dollars.
I bequeath to my grandson James G. Cochran One thousand dollars and said money is to be used for the purpose of giving him an education when he attains the age of sixteen years.
I bequeath to my grandson James Mulvihill One thousand dollars said money is to be used for the purpose of giving him an education when he attains the age of sixteen years.
I bequeath to my Granddaughters Mary M. Cochran and Elizabeth A. Cochran and Nelly Mulvihill One hundred dollars each and to my granddaughter Ellen L. Cochran Two hundred dollars.

All the rest and residue of property both personal and real and of every nature and kind situated in the County of Clinton and State of Iowa I give and bequeath to my beloved wife Mary Devitt and my son John Owen Devitt in trust to sell the same within eighteen months after my death and out of the proceeds arising from the sale of said property to pay all of my debts, to pay the costs and expense of Administration and to pay the legacies above bequeathed to my children and grandchildren and in the event of said property not paying the debts and legacies as aforesaid, then I direct my executrix and executor hereinafter named to sell the land I own in Cedar County and to use the proceeds towards the payment of said debts and legacies, but if said Cedar County land is not needed for said purposes then I give devise and bequeath the same to my son John Owen Devitt as his own absolutely.

I bequeath any remainder up to five hundred dollars to my son John Owen Devitt to be by him used toward finishing his education.

All the rest and residue of my property both personal and real and of every nature and kind and wherever situated after the payment of my debts and the a foregoing legacies that I have directed to be paid I give devise and bequeath to my wife Mary Devitt and my son John Owen Devitt as their own absolutely.

I nominate and appoint my beloved wife Mary Devitt as Executrix and my son John Owen Devitt as Executor of this my will and I exempt them from giving bond or other security as such executrix and executor.
Witness my hand this 23rd day of July 1888.
James Devitt

We the undersigned at the request of James Devitt and in his presence and in the presence of each other have subscribed our names as witnesses to this his will and testament. We further certify that the change and erasure was made in the description of the land in the first paragraph before this will was signed.
D. F. Goodall
Michael McAndrews

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 January Term A. D. 1889 of said Court the will and instrument in writing hereunto annexed and bearing date in the 23rd day of July 1888 was duly proved before and allowed by said court as and for the last will and testament of the real and personal estate of James Devitt 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 8th day of March A. D. 1889.
Seal – William Kreim, Clerk