CARY, Abel

CARY, SURFACE, HUTCHINGS, FISHER, ROSS

Posted By: Cay Merryman (email)
Date: 11/19/2002 at 22:32:32

WILL OF ABEL CARY

The last Will and Testament of Abel Cary of Mills County, Iowa.

Considering the uncertainty of this life and being of sound mind and memory, I do make and publish this my last Will and Testament in the manner and form following, to wit: That I leave in trust for the use and benefit of my beloved wife, Susannah Cary all my real and personal property the interest rents and profit from which are to be used for the maintenance of herself so long as she may live or remain unmarried and also for the maintenance of my son Frank A. Cary until he shall attain his majority.

The principal of any notes or mortgages due or payable to me when paid shall be reinvested by my executor hereinafter named and the interest, rents and profits recouped on the same placed to the credit of my wife, provided that the interest, rents and profits shall prove insufficient for the support of my wife and son, Frank A. Cary then so much of the principal may be used as my executor may deem necessary.

At the death or marriage of my wife her interest in any of my property shall cease and any real estate belonging to my estate shall be sold by my executor and the proceeds together with the proceeds of any and all notes , mortgages or accounts due the estate shall be divided equally between my six children hereinafter named after equalizing what each one has already been paid by me. Viz: Melissa Surface, Three Hundred Dollars; Ezra Cary, Four Hundred Dollars; Emma Hutchings, One Hundred and Thirty five Dollars; Viola Fisher, Two Hundred Dollars; Effie Ross, Three Hundred Dollars; (Frank A. Cary, no prepayment)

I hereby appoint James F. Martin of Hastings, Iowa my Executor and also the guardian of my son Frank A. Cary in the event of the death of myself and wife before the said Frank A. Cary is Twenty one years of age, viz: February 8th 1899.

Revoking all other former wills by me made. In witness hereof I have set my hand and seal this 11th day of April 1895.
Signed…..Abel Cary

The above instrument consisting of one sheet was now subscribed to by Abel Cary the testator in the presence of each of us and was at the time declared by him to be his last Will and Testament and we at his request sign our names as attesting witnesses.
R.S.McDonough of Hastings, Iowa
James F. Martin of Hastings, Iowa

CODICIL

I, Abel Cary being of sound mind and memory do hereby make the following addition to my will dated April 11, 1895. Viz: I direct that the provision made for the maintenance of my son, Frank A. Cary as stated in the clause of the said Will ending with the sixteenth line thereof shall continue after his majority so long as his mother shall live and he should remain with her and aid in the care of her as a dutiful son.