BORCHERS, Augustus

BORCHERS, SWEETZER, RUMSEY, MILBEY

Posted By: Cay Merryman (email)
Date: 3/18/2003 at 16:42:04

Last Will and Testament of Augustus Borchers, Filed Nov. 26th 1885

I, Augustus Borchers of the City of Hamburg in the County of Fremont and State of Iowa, being of sound mind and memory do make this my last Will and Testament in manner and form following:

First…I give devise and bequeath unto my oldest daughter Elizabeth L. Sweetzer, Lots One, Two, Three, Ten, Eleven and Twelve, in Block number Twenty one in the City of Hamburg, Iowa. It being the premises now occupied by me as my residence and Homestead.

Second..I give to my son Albert's two daughters, Dora Borchers and Nannie Borchers to be equally divided between them. One promissory note dated November the 4th 1885 for Eleven Hundred Twenty Six Dollars and 20 cents, executed to me for value received by Samuel Jacobs.

Third…I give devise and bequeath to my daughter Amelia C. Milbey Lots Seven, Eight and Nine in Block Number Twenty one in the City of Hamburg, Iowa, together with forty acres of land west of the Hurly Brickyard, now used and occupied by my tenant known as Old Man Beason. It being the South East ¼ of the NW ¼ and Pt. SW ¼ of NW ¼ of Section 21, Tp. 67, R. 42, acres 45. This bequest to my said daughter Amelia C. is subject to the following conditions, that she is to pay to my daughter Elizabeth L. Sweetzer the sum of One Hundred and Fifty Dollars, and to my daughter, Florence Rumsey two hundred and fifty Dollars to be paid to them within one year from my death. That after said payments the said property is to belong to said Amelia C. Milbey in Fee Simple.

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Fourth..I give devise and bequeath to my Daughter Florence Rumsey the North half of Lot Three in Block Twenty in the City of Hamburg, Iowa. Subject to the payment of Eight Hundred Dollars to be paid by my said daughter Florence towards satisfying a mortgage upon said half Lot and the South half of Lot Two adjoining for the sum of Eighteen Hundred Dollars, that after the payment of said Eight Hundred Dollars by the said Florence the said half lot is to be her property absolutely and in fee simple.

Fifth..I give devise and bequeath to my youngest son George F. Borchers, the South half of lot Two, and part of the north half of lot two in the city of Hamburg, Iowa. It being the premises used and occupied by Richards & Davis as a Hardware Store. This bequest is made subject to the payment of One Thousand Dollars by my said son George towards paying and satisfying a mortgage for the sum of Eighteen Hundred Dollars upon said premises and the premises above given to Florence Rumsey and after said payment the property to belong to my son George in fee simple.

Sixth..I give and bequeath to my Executor hereinafter named the proceeds of my life insurance policy in the Iowa Masons Benevolent Society in Trust for the following purposes to wit: To pay my Funeral expenses, and my Just debts, and the balance if any to revert to my son George F. Borchers for his use and benefit forever.

Seventh..I hereby direct and empower my Executor herein after named to sell and dispose of all the rest and residue of my Real Estate at private or public sale at such times and on such terms and in such quantities as it may in his judgment seem most advantages or for the best interest of my said devises. And also direct him to collect all debts due me as soon as practicable and to sell and dispose of all my personal property or mixed property at public or private sale and on such terms as it may in his judgment seem most advantages.

Eight..I further direct that the net avails, or avails after paying the necessary expenses of any real personal and mixed property so disposed of by my Executor as aforesaid and converted into money together with all moneys collected upon my debts shall as often as once a year until my estate is finally closed up, be divided equally into five Shares and that one Share shall be paid by my Executor to my Grandchildren, Dora Borchers and Nannie Borchers, children of my son Albert, and one share shall be paid to my son George F. Borchers and one share each to my three daughters, Elizabeth, Amelia and Florence aforesaid.

And lastly, I nominate and appoint as Executor of this my last Will and Testament, my son George F. Borchers and my will is that my said son shall not be required to give any Bonds or security to the Judge of Probate or to the Probate Court or Circuit Court of Fremont County, Iowa, for the faithful execution of the duties of Executor.

In witness whereof, I, Augustus Borchers, to this my last Will and Testament have hereunto set my hand this 11th day of November 1885. Signed Augustus Borchers.

Signed and declared by Augustus Borchers, as and for his Last Will and Testament in the presence of us, who at his request and in his presence and in the presence of each other have subscribed our names hereunto as Witnesses thereof.
J. N. Cornish, Hamburg, Iowa
Frank Gillman, Hamburg, Iowa

State of Iowa Fremont County
I, M.R. Yowell, Clerk of the Circuit Court of the County and State aforesaid do hereby certify that at the June term 1886 of said county on the first day of June 1886 the foregoing will of Augustus Borchers, deceased, was duly proven, allowed and admitted to probate. In Testimony whereof I have hereunto subscribed my name and affixed the seal of said Court at my office in Sidney in said County this 7th day of June 1886…M. R. Yowell, Clerk of Court