RICHARDS, Milton

RICHARDS, MURPHY, RAY, MOORE, CADLE, WILKINSON, STEPHENS, STORY

Posted By: Cay Merryman (email)
Date: 6/15/2003 at 23:27:37

Last Will and Testament of Milton Richards, Deceased

I, Milton Richards of Fremont County and State of Iowa being of
sound and contracting mind and memory, do make, declare and
publish this my last will and testament in manner and form as
follows, to wit:

1...It is my will that all my just debts be paid as speedily as
may be after my death.

2...I devise and bequeath all of my personal property of every
kind and character that may remain after the payment of my debts
to my wife Jane Richards, to have and to hold the same absolutely
in her own right.

3...It is my will and direction that my wife Jane Richards have
the use, possession and enjoyment of all the Real Estate of which
I may die possessed: to have and to hold the same to her own use
and benefit so long as she may live.

4...The foregoing bequests to my wife are hold and construed to
be in lieu of her lawful right of dower in or to any and all of
the property of which I may die possessed.

5...After the death of my wife, I devise and bequeath to my son Milton Richards the following described Real Estate situated in Fremont County Iowa to wit: The West Half of the NorthWest quarter of Section Number Twenty two in Township No. Sixty Eight North of Range No. Forty Two west to have and hold the same to himself his heirs and assigns forever.

6...After the death of my wife I will and direct that all the remainder of my Real Estate not hereinbefore devised to my son Milton Richards be equally divided between my daughters E. J. Murphy, Ellen Ray, Harriet Moore and Martha A. Cadle.

7...I further will and direct that the value of the Real Estate bequeathed in the sixth clause hereof be determined by the appraisers to be appointed by the probate court for that purpose. That they fix the value thereof as of the time of the death of my wife, and that their appointment be conclusive upon all the parties interested.

That said E. J. Murphy, Ellen Ray, Harriet Moore and Martha A. Cadle be then each charged with the one fourth of such valuation and with the value of such property each may receive from the estate of my wife. That Francis M. Stephens be charged with One Hundred and Twenty Five Dollars, heretofore advanced her and the value of such property as she may receive from the estate of my wife. That the heirs of the body of Julia A. Wilkinson be charged with the sum of One Hundred and Twenty Five Dollars and with the value of such property as they together may receive from the estate of my wife. And in case the amount so charge either of them counting the heirs of Julia A. Wilkinson as one, does not equal Six Hundred Dollars, then and in that event my son Augustus Richards and Ed Richards, who have each heretofore received an advancement in and valued at Six Hundred Dollars will be, and are, required to pay to each of the parties herein before mentioned, counting the heirs of Julia A. Wilkinson as one, so failing to receive Six Hundred Dollars in value such an amount as will place them on an equality with my said two sons, in accordance with written contracts executed to me by said Augustus and Ed which said contracts are to be construed in connection with this clause, and upon which there shall be no liability except under the terms of this Will. However, I further direct that in case either of my said sons should hereafter repay me any portion of said advancement that the one so paying shall be held to equalize with the others named only on the basis of the difference between Six Hundred Dollars and the amount so repaid me. That is to say it is my Will and intention that my said daughters E. J. Murphy, Ellen Ray, Harriet Moore, Martha A. Cadle, Francis M. Stephens, the heirs of the body of Julia A. Wilkinson, as one, and my sons August and Edward, shall finally share equally in the proceeds of the joint estate of myself and wife, after taking into account the said advancements so made as aforesaid.

8..I direct and will that my wife Jane Richards be the executrix of this my last Will and Testament, and that she be appointed as such and perform the said trust without bond or security.

In Witness whereof, I have hereunto set my hand this 15th day of April A.D. 1881
Signed Milton Richards

State of Iowa, Fremont County - The foregoing instrument consisting of five pages wa on this day in the presence of both of us signed by Milton Richards of Fremont County, Iowa, and declared by him to be his last Will and Testament and we now at his request and in his presence and in the presence of each other sign the same as witnesses.
Witness our hands this 15th day of April A.D. 1881……A. D. King and W. T. Frager

Whereas I Milton Richards of Fremont County and State of Iowa have heretoforemade and executed my last Will and Testament bearing date April 15, 1881. Now I do by this instrument which I declare to be a codicil to my said will, and to be taken as a part thereof and will and direct that my daughter Mary Story share equally with my daughters E. J. Murphy, Ellen Ray, Harriet Moore and Martha A. Cadle in the Real Estate divised therein by the 6th clause of my said Will, and that the valuation of said Real Estate, as of the time mentioned in the 7th clause of my will be determined as provided therein, in case the value thereof cannot be mutually agreed upon by my said daughters and my sons Augustus Richards and Ed Richards and my son in law Chas. Wilkinson or such of them as may be living at the time. When the value of the Real Estate has been determined as herein provided each of my said daughters, Mary Story, E. J. Murphy, Ellen Ray, Harriet Moore and Martha A. Cadle shall be charged with one fifth of said valuation and with the value of such property as each may receive from the estate of my wife, and in all other respects the provisions of the said 7th clause of my will shall remain as therein stated except that they shall be held to apply in all respects to my daughter Mary Story the same and with the same effect as to my daughters E. J. Murphy, Ellen Ray, Harriet Moore and Martha A. Cadle and lastly it is my will and desire that this my codicil be annexed to and made a part of my said last will and testament.
In Witness whereof I have hereunto subscribed my name this May 21st A.D. 1881..Signed Milton Richards

State of Iowa, Fremont County…The foregoing instrument consisting of two pages was on the 21st day of May 1881 in our presence signed by said Milton Richards and by him declared to be his codicil to his last Will and Testament and we now at his request and in his presence and in the presence of each other subscribe our names as witnesses thereto….A. D. King and W. T. Frager

State of Iowa, Fremont County…I, G. D. Batcheldor, Clerk of the District Court of the County and State aforesaid, do hereby certify that at the December term 1886 of Circuit Court on the 22nd day of December 1886, the foregoing will of Milton Richards, 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 12th day of J___, 1887……G. D. Batcheldor, Clerk of District Court.

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Cay Merryman
http://www.rootsweb.com/~iamills/