RECTOR, William, 1868 will

RECTOR, SIMMONS, THOMAS

Posted By: Cay Merryman (email)
Date: 12/2/2002 at 19:52:19

WILL OF WILLIAM RECTOR
(Not my Relative)

I, William Rector of the County of Fremont and State of Iowa being in good health of body and of
sound and disposing mind and memory and being desirous of settling my worldly affairs do make,
publish, and declare this my Last Will and Testament.

First - After my death be buried by the side of my first wife on the farm where I now reside, and that
there be a good substantial iron fence placed around the graves of myself and wife, Said enclosure
to be Seven feet Square. And I hereby reserve forever from the bequests hereinafter made. One
Rod Square of ground, including the graves of myself and my said wife to be reserved as the place
of our interment forever. And I further direct that all my funeral expenses and all my just debts be
paid as soon as practicable after my death out of the proceeds of my personal estate.

Second - I direct that all my estate of which I may die seized or possessed, both real and personal,
after the payment of my just debts and my funeral expenses as aforesaid, shall be divided into five
equal parts, including Six Hundred Dollars by an advancement to my daughter Lydia Simmons on
the fifth day of October A. D. 1868 and including interest thereon from and after the said fifth day of
October A. D. 1868, up to the time of division at the rate of ten per cent per annum, and, I direct to
be set off to my said daughter, Lydia Simmons said claim and the amount thereof principal and
interest computed as aforesaid to be deducted from her share. If the personal estate be not
sufficient to cover said amount, the balance I direct to be deducted from her share of the real
estate. The personal effects I direct shall be divided equally in kind between my children, Jason
Rector, Louisa Ann Thomas, Lydia Simmons, William Rector and Mahala Rector, widow of my son
Benjamin Rector, deceased, except as above provided and with the further exception that property
to the value of forty dollars shall be taken from the share of Louisa Ann Thomas and added to the
share of Mahala Rector.

Third - I direct that all my real estate of which I may die seized shall be divided into five equal parts,
equal in value. The house and lot now owned by me in the town of Sidney where my daughter now
lives (Louisa Ann Thomas) shall be estimated at the division of the real estate to be worth a sum
equal to the amount principal and interest of five hundred dollars at ten per cent per annum interest
from the third day of November A. D. 1868 to the time of division is made - the balance of the real
estate to be estimated at its real value at the time of the division - with these estimates the real
estate shall be divided into five equal shares unless the six hundred dollars and interest herein
before bequeathed to my daughter Lydia Simmons shall amount to more than her share of the
personal property. In that case the overplus shall be taken from her share of the real estate.

Fourth - I bequeath to my son Jason Rector one of the five parts of the real estate to be divided as
aforesaid to have and to hold the same to him and to his heirs and assigns forever.

Fifth - I bequeath unto my daughter Louisa Ann Thomas that part of my real estate to be divided as
aforesaid which shall include the house and lot before mentioned and where she now lives to have
and to hold the same for her use and benefit during her life time and at her death to descend to her
children.

Sixth - I bequeath to my son William Rector that part of my real estate divided as herein directed
which shall include the house where he now lives, to have and hold and use the same for his own
benefit during his life time and at his death to descend to his children.

Seven - I bequeath to my daughter Lydia Simmons the particular part if under the directions herein
before given it becomes necessary by me to set off a particular part to her, if not then - one of the
five equal parts to have and to hold the same for her own use and benefit during her lifetime and at
her death to descend to her children.

Eight - I bequeath the remaining one of the five equal parts of my real estate divided as above
directed to Mahala Ann Rector, widow of my son Benjamin Rector, to have and to hold the same
for her use and benefit so long as she remains a widow and at her death or marriage said estate
shall descend equally to the surviving children of my said son Benjamin Rector, deceased.

In witness thereof I have hereunto set my hand this 5th day of November 1868...William Rector

The above instrument written on five pages of legal cap. was at the date thereof signed and
declared by the said William Rector as and for his last will and testament in the presence of us
who at his request and in his presence and the presence of each other have subscribed our
names as witnesses thereto.
J. C. Shockley
J. L. Mitchell