MILLER, M.

MILLER, HALEY, KUTCHER

Posted By: Cay Merryman (email)
Date: 2/26/2003 at 12:28:29

WILL OF M. MILLER

To Whom These Presents May Come Greeting:

I, M. Miller of the city of Glenwood Mills County and State of Iowa, being of sound and disposing mind, and while in the full control of all of my mental faculties and being desirous of settling up my affairs of business and making such disposition of my property as to me shall seem right and proper, do hereby make, publish and declare this to be my last will and testament, hereby revoking and cancelling all former wills by me made; that is to say, after my death and respectable burial, and the payment of all my lawful debts, I give, bequeath, will and dispose of all of the rest and residue of all my property, both real and personal as follows, towit:

1…To my beloved wife Margaret Miller I give and will to her during the period of her natural life only the following described real estate to wit: Lot No. 9 in Block No 29 of the City of Glenwood, Iowa.

2… To my beloved daughters, Lizzie A. Haley and Lillie J. Miller, I give will and bequeath to them jointly and equally the following described real estate to wit: Lot No. One and the West two thirds of Lot No. 4 all in Block No. 60 of the City of Glenwood, Mills County, Iowa. And all that part of Block No. 59 in the City of Glenwood, Iowa lying west of Keg Creek, and any and all money that I may have shall go equally to my two daughters named in this paragraph equally.

3… In the first paragraph of this my last will and testament where I have given and willed to my beloved wife during the period of her natural life, the property therein described which is my homestead I desire and will at her death, the same shall go to my two beloved daughters, equally between them, provided that my daughter Lillie J. Miller shall remain single but in the event of her marriage, then and in that event, I desire and will that said property shall go to my beloved daughter Lizzie A. Haley absolutely in her own right.

4… The household and kitchen furniture after my wife shall have gotten through with it, then in that event I desire and will that same shall go equally to my beloved daughters above named.

5… The patent right which I own, known as "Millers Safety Trestle" I give and will the same to my beloved children as follows: T. H. Miller, G. L. Miller, Lizzie A. Haley and Lillie J. Miller and George L. Haley, my beloved grandchild, share and share alike. Likewise I make constitute and appoint Lizzie A. Haley executrix of this my last will and testament without bond.

In witness whereof I have hereunto subscribed my name at Glenwood, Iowa, this 16th day of March A. D. 1904
M. Miller, Testator.

CODICIL

I, M. Miller, a resident of the city of Glenwood Mills County Iowa, and being of sound and disposing mind, and having heretofore, to wit: on the 16th day of March A. D. 1904, duly made and executed my last will and testament, I now desire and do by this codicil make the following changes therein.

1…That my beloved wife Margaret Miller named in the first provision of my said last will and testament has now died, and that my daughter Lizzie J. Miller named in the second clause thereof has since the making and the execution of the said will married, I now desire and will that the following provision be added to my said last will; That is to say with reference to Lot No. 9 in Block No. 29 of the City of Glenwood, Iowa, that being my homestead, that after my death and burial I give and devise the said home to my two daughters, namely, Lizzie A. Haley and Lillie J. Kutcher, share and share alike.

I desire and will that this clause shall be added and treated as a codicil to my said last will and the same shall be held and treated as a part of my said last will and testament. Dated at Glenwood, Iowa this 30th day of March 1905.
M. Miller, Executor.

We, E. B. Woodruff and W. S. Lewis, witnesses to said codicil hereby certify that the said testator M. Miller signed the same in our presence and we at his request, and in his presence and in the presence of each other have signed our names as witnesses, and each have written opposite our names our respective places of residence.
E. G. Woodruff, Glenwood, Iowa
W. S. Lewis, Glenwood, Iowa