Hart, Patrick

HART, GAFNEY, GRISWOLD, LYNCH, ADAMS, TAYLOR, MAGUIRE

Posted By: Charlotte
Date: 5/18/2003 at 03:30:15

The last Will & Testament of Patrick Hart

In the name of God Amen. I Patrick Hart of the town of Elk River Clinton County and State of Iowa, being of sound mind and knowing the certainty of death, do hereby declare this to be my last Will and Testament, hereby revoking all other wills by me heretofore made.

First, I give and bequeath unto my beloved wife Margaret Hart, the undivided one third of the North East one quarter of Section Twenty-five in Town (?) eighty three North of Range six East of the fifth xxxxxxxxxx meridian, the said undivided one third to include the dwelling house on said quarter section , also the undivided one third of eighteen acres of timber land I own on Section Seventeen in Town (?) eighty-three north of Range seven East of the fifth xxxxxxx meridian all lying and being situate in the county of Clinton aforesaid, also there milk cow and provisions sufficient to maintain her for one year.

Second, in the case the said Margaret Hart aforesaid & should be delivered of a child within seven months from the date hereof then said child so delivered shall be entitled and I hereby bequeath him or her as the case may be the undivided one fourth of the aforementioned (if expected to be born) lives to attain the year of majority their heirs or her to be just in possession as aforesaid, otherwise the said devise is to go to my Father James Hart, and mother Alice Hart or their legal representatives and I hereby appoint my beloved wife Margaret Hart, trustee and guardian for said child.

Third, The remaining part of said quarter section aforesaid, I give and bequeath to my brother Charles Hart for his own use and benefit for him to have and to hold after he arrives at the age of twenty one years and I further appoint my father James Hart guardian and trustee for said Charles Hart until he the said Charles Hart shall have arrived at the age of Twenty one, he the said James Hart to have and to use the benefit of said devise until that period aforesaid.

Fourth, I give and bequeath unto my father James Hart, the residue of my Real Estate in the said county of Clinton and George A. Griswold to convey & carry into effect and officiate according to the conditions of this my last Will & Testament without bonds the service as though I was living and had made a sale.

Fifth, Further I give and bequeath unto James Hart my father a certain bay mare and also three shoats.

Sixth, I give and bequeath unto James Hart my father in trust for John Hart my brother, my team of work horses with the harness therefore and wagon for him the said James Hart to sell, the proceeds of such sale for his the said John Harts use and benefit as he the James Hart may in his own judgment think best and proper.

Seventh, I give and bequeath unto my sister Mary Gafney, one colt about six months old.

Eighth, I give and bequeath further unto my father James Hart, the undivided one half of a certain reaper owned by myself and Mrs. Bridgett Lynch.

Ninth, I give and bequeath unto James Hart my father xxxxx(might be trust) four hundred dollars upon the maturity of a certain mortgage from Charles Adams and wife to Patrick Hart for the sum of fourteen hundred dollars given on the fifth day of June AD 1856 and recorded on the 24th day of June AD 1856. Said bequest to be in trust for the use and benefit of the Catholic School in the city of Lyons, County of Clinton, State of Iowa by him to be applied for the purposes of school according to his best judgment.

Tenth, I further give and bequeath unto my father James Hart the residue of the afore mentioned mortgage together with all the balance of my personal property of which I shall be possessed at the time of my death after paying my just and legal debts, amounting to as I suppose about five (?) hundred dollars.

Eleventh, And I hereby constitute George A. Griswold of the county of Clinton and State of Iowa my sole executor and administrator and exempting him from giving bonds to carry into effect this my last Will and Testament.

Dated at Elk River this 1st day of November AD 1856 and signed with my hand and seal

Patrick Hart

Witness, A. C. Taylor, Elk River, Clinton Co. Iowa
Thomas Maquire, Elk River, Clinton co. Iowa

Opened and read December 1st , 1856
Filed December 1st 1856, Daniel NcNeil, County Judge

This will was this day presented to the probate court in and for the county of Clinton and State of Iowa and proven by the oath of A. C. Taylor and Thomas Maquire, the subscribing witness thereto.

Given under my hand and seal of the county court of Clinton County Iowa, at DeWitt this 12th day of December 1856

Loring Wheeler, Clerk

Paid:
A.C. Taylor 30 miles 2 days $5.00
Thomas Maguire 30 miles 2 days $5.00