SEEGER, H. W.

SEEGER

Posted By: Cay Merryman (email)
Date: 8/22/2003 at 14:53:45

I, H. W. Seeger, of Mills County, Iowa, being of full age and sound and disposing mind and memory do hereby make, publish and declare this to be my last will and testament, hereby revoking all former wills by me at any time heretofore made.

First… I direct that as soon as convenient after my death all my just debts including expense of last sickness and funeral expenses be paid out of any funds available.

Second… To my son, Leonard F. Seeger, I give, devise and bequeath the life use and occupancy of the Northwest Quarter of Section One, Township Thirteen North, Range Forty-eight West of the Sixth P.M., Cheyenne County, Nebraska. I also give, devise and bequeath to my son, Leonard F. Seeger, the life use and occupancy of my undivided one-half interest in the West Half of the Southwest Quarter of Section Twenty eight, Township Seventy two North, Range Forty-two West of the Fifth P.M., Mills County, Iowa. And I direct that after the death of the said Leonard F. Seeger said interest in the West Half of the Southwest Quarter of Section Twenty-eight, Township Seventy-two North, Range Forty-two West of the Fifth P.M., Mills County, Iowa, and the Northwest Quarter of Section one, Township Thirteen North, Range Forty-eight West of the Sixth P.M. Cheyenne County, Nebraska, shall go to the children of the said Leonard F. Seeger, to be theirs absolute in fee simple, share and share alike.

Third…To my son, Ernest H. Seeger, I give, devise, and bequeath the life use and occupancy of the Southwest Quarter of Section One, Township Thirteen North, Range Forty-eight, West of the Sixth P.M., Cheyenne County Nebraska. I also give devise and bequeath to my son, Ernest H. Seeger, the life use and occupancy of my undivided one-half interest in the South Half of the Southeast Quarter of Section Four, Township Seventy-one, North, Range Forty-two, West of the Fifth P.M. Mills County, Iowa. And I direct that after the death of the said Ernest H. Seeger, said interest in the South Half of the Southeast Quarter of Section Four, Township Seventy-one North, Range Forty-two, West of the Fifth P.M., Mills County, Iowa and the South West Quarter of Section One, Township Thirteen, North, Range Forty-eight, West of the Sixth P.M. Cheyenne County, Nebraska, shall go to the children of Ernest H. Seeger, to be theirs abolute in fee simple, share and share alike.

Fourth…To my daughter, Winifred Seeger, I give, devise and bequeath the life use and occupancy of the Northeast Quarter of Section One, Township Thirteen, North, Range Forty-eight, West of the Sixth P.M., Cheyenne County, Nebraska. I also give, divise and bequeath to my daughter Winnifred Seeger, the life use and occupancy of my undivided one-half interest in the East Half of the Southeast Quarter of Section Three, Township Seventy-one, North, Range Forty-two, West of the Fifth P.M., Mills County, Iowa. And I direct that after the death of the said Winifred Seeger said interest in the East Half of the Southeast Quarter of Section Three, Township Seventy-one, North, Range Forty-two West of the Fifth P.M., Mills County, Iowa and the North east Quarter of Section One, Township Thirteen, North, Range Forty-eight, West of the Sixth P.M., Cheyenne County, Nebraska, shall go to the children of Winifred Seeger, to be theirs absolute in fee simple, share and share alike.

Fifth…To my daughter, Geneva Seeger, I give, devise and bequeath the life use and occupancy of the Northwest Quarter of Section Fourteen, Township Thirteen, North, Range Forty-eight, West of the Sixth P.M., Cheyenne County, Nebraska. I also give, devise and bequeath to my daughter, Geneva Seeger, the life use and occupancy of my undivided one-half interest in the West Half of the Southeast Quarter of Section Three, Township Seventy-one, North, Range Forty-two, West of the Fifth P.M., Mills County, Iowa. And I direct that after the death of the said Geneva Seeger, that the said interest in the West Half of the Southeast Quarter of Section Three, Township Seventy-one, North, Rnage Forty-two, West of the Fifth P.M., Mills County, Iowa, and the Northwest Quarter of Section Fourteen, Township Thirteen, North, Range Forty-eight, West of the Sixth P.M., Cheyenne County, Nebraska, shall go to the children of Geneva Seeger, to be theirs absolute in fee simple, share and share alike, I also give to my said daughter, Geneva Seeger, the sum of One Thousand ($1,000) Dollars to be paid out of my personal property I may have at the time of my death.

Sixth…To my son, Francis Seeger, I give, devise and bequeath the life use and occupancy of the Northeast Quarter of Section Fourteen, Township Thirteen, North, Range Forty-eight, West of the Sixth P.M. Cheyenne County, Nebraska. I also give, devise and bequeath to my son Francis Seeger, the life use and occupancy of my undivided one-half interest in the East Half of the Southwest Quarter of Section Three, Township Seventy-one, North, Range Forty-two West of the Fifth P.M., Mills County, Iowa. And I direct that after the death of the said Francis Seeger said interest in the East Half of the Southwest Quarter of Section Three, Township Seventy-one, North, Range Forty-two West of the Fifth P.M., Mills County, Iowa and the Northeast Quarter of Section Fourteen, Township Thirteen, North, Range Forty-eight, West of the the Sixth P.M., Cheyenne County, Nebraska, shall go to the children of Francis Seeger, to be theirs absolute in fee simple, share and share alike.

Seventh…To my beloved wife, Anna E. Seeger, I give, devise and bequeath the life use and occupancy of my undivided one-half interest in the West Half of the Southwest Quarter of Section Three, Township Seventy-one, North, Range Forty-two, West of the 5th P.M, Mills County, Iowa. And I direct that after the death of the said Anna E. Seeger that said interest in the West Half of the South West Quarter of Section Three, Township Seventy-one, North, Range Forty-two West of the Fifth P.M., Mills County, Iowa, shall go to my son, Francis Seeger, who shall have the life use and occupancy thereof, and I direct that after the death of the said Francis Seeger that said interest in the West Half of the Southwest Quarter of Section Three, Township Seventy-one, North, Range Forty-two, West of the Fifth P.M., Mills County, Iowa, shall go to the children of the said Francis Seeger, to be theirs absolute in fee simple, share and share alike. I further direct that the said Francis Seeger shall take the life use and occupancy of the said property above described burdened with a payment by the said Francis Seeger to my estate of the sum of $6,400.00 to be paid within ten years after the date of my death and to draw interest at the rate of six per cent per annum until paid.

Eighth… To my son, Ernest H. Seeger, I give, devise and bequeath the life use and occupancy of my undivided one-half interest in the South twenty-six and two-thirds acres of the North Half of the South East Quarter of Section Four, Township Seventy-one, North, Range Forty-two West of the Fifth P.M., Mills County, Iowa, burdened with a payment by the said Ernest H. Seeger to my estate of the sum of $1,600.00 said payment to be made within five years from the date of my death and to draw interest at the rate of six per cent per annum until paid. And I direct that after the death of the said Ernest H. Seeger that the said interest in the South twenty-six and two thirds acres of the North Half of the Southeast Quarter of Section Four, Township Seventy-one, North, Range Forty-two, West of the Fifth P.M., Mills County, Iowa, shall go to the children of the said Ernest H. Seeger, to be theirs absolute in fee simple, share and share alike.

Ninth…To my beloved wife, Anna E. Seeger, I give, devise and bequeath all of my personal property of every kind and description, save and except the One Thousand Dollars given to Geneva Seeger in paragraph Five hereof, to have and to hold forever. And I also give, devise and bequeath to my said wife Anna E. Seeger, any and all real estate which I may own at the time of my death not herein disposed of.

Tenth.. Paid bequests herein made to the said Anna E. Seeger shall be in lieu of any rights and interest that the said Anna E. Seeger may have under the laws of the State of Iowa.

Eleventh…In the event my wife Anna E. Seeger should die before I do, I give, devise and bequeath all my personal property, save and except the One Thousand Dollars given to Geneva Seeger in paragraph Five hereof, to my children, share and share alike. But in the division of my said personal property, I direct that Ernest H. Seeger shall be charged with $400.00 and my son, Francis Seeger shall be charged with the sum of $1,600.00, as these are the amounts that Ernest H. Seeger and Francis Seeger received by reason of the bequests made in paragraphs Seven and Eight. And I further direct that is the said Anna E. Seeger should die before I do that all real estate which I may own not herein disposed of shall be sold by my executor or executors hereinafter named and the proceeds divided among my children, share and share alike.

Twelveth…In the bequests herein made I direct that in the event any of my children herein named die without issue that the property in which they have been given the life use and occupancy shall descend in equal shares to my children to be used and held by them during their life time and at their death to descend to their children.

Thirteenth…In the event any of my children or grandchildren join or become affiliated with the Catholic Church or any of its organizations, I direct that they shall forfeit any and all bequests and gifts herein made to them and the property which would otherwise have gone to them shall go to the brothers and sisters in equal parts, shares of the one or ones who forfeit their bequests, and I direct that my executor or executors hereinafter named shall enforce this provision of my will.

Fourteenth… I hereby nominate and appoint my wife, Anna E. Seeger, executrix under this my last will and ask that she serve without bonds, and in the event of her inability to serve I then ask that my sons, Leonard E. Seeger and Ernest H. Seeger, be appointed executors under this my last will and that they serve without bonds. I also request that if there are minor children at the time of my death that the executor or executors herein named be appointed guardian of the person and property of said minor.

I have endeavored herein to make an equal division of my property among my children and I have given to them what to me seem equal portions. I have given Ernest H. Seeger my undivided one-half interest in twenty six and two thirds acres of land burdened with a payment by him of $1,600.00, which I think is the fair, reasonable value thereof. I have made this provision for the reason I think my son Ernest H. Seeger should own the twenty-six and two thirds acres of land to fill out and go with the other land given him.

I have given Francis Seeger eighty acres of land burdened with a payment by him of $6400.00 to my estate. I have done this for the reason that the said eighty acres of land joins an eighty more tract in which I have given him a life interest and for the further reason that the eighty acres is our home and I desire that the same remain in the Seeger name. I have put what I think is a fair reasonable value on my one-half interest in the same, not taking into consideration the improvements for I realize that said improvements will depreciate in value and would be more expensive than would be desired on a small farm.

In witness whereof I have hereunto set my hand this 3rd day of August, 1916…..Signed…H. W. Seeger

We hereby certify that on this 3rd day of August, 1916, in the County of Mills, and State of Iowa, that H. W. Seeger, to us personally known, did in our presence sign the foregoing instrument and declare the same to be his last will and testament, and we at his request and in his request and in the presence of each other did hereto subscribe our names as witnesses thereto.
Signed N. S. Genung
Lewis S. Robinson