MICKELWAIT, George

MICKELWAIT, TERRY

Posted By: Cay Merryman (email)
Date: 10/21/2003 at 21:58:26

I, George Mickelwait of Mills County, Iowa, do make this my last will and testament.

I give, devise and bequeath to my daughter H. A. Terry, Thirty Six Hundred Dollars, to be paid as soon as my executors can arrange it, to be hers in her own right to use as she may deem best, the same to be her full share in my estate.

The balance and remainder of my property of which I may die seized and possessed both real and personal wherever found, I give, devise and bequeath to my surviving children, except my daughter H. A. Terry mentioned above, to be equally divided between them.

I have heretofore made gifts to my children and in each case I have taken from them promissory notes, filled out upon blanks which I have had printed for that purpose. These notes are drawn payable one day after date and state that they are without interest and that if the same remains unpaid at my death the same shall be deducted from the makers share of my estate. My executors are directed that if any of my children die before my death, and in respect to my said daughter H. A. Terry, if she survives me, such kind of notes are not to be reconed (sic) as assets of my estate. It is my intention to destroy the said notes of such deceased child, but if I should neglect it, or not be in a condition to do so, upon the death of any of my children, then I direct my executors to cancel all of said kind of notes held against such deceased child and any that may be held at my death against my said daughter.

Aside from gifts evidenced by such form of notes, I have heretofore loaned to one of my sons, money which I do not consider a gift, and I may hereafter make other loans to them, such loans are evidenced by a different form of note from that which I have above mentioned, and all such note or notes are to be treated as assets of my estate even though the maker thereof may die before my death. All notes (held) by me against my surviving children, except my said daughter, are to be inventoried as assets of my estate and deducted from such child's share, whether said notes are gift notes or loans. By thus taking into account all notes due from my said surviving children, and all loans to my deceased children as above stated it is my intention and purpose to make an even division of my property between my surviving children, after my said daughter receives her said bequest, and after deducting and canceling the gift notes of any deceased child and of my said daughter.

I hereby revoke any and all former wills made by me, and I appoint as my executors, Richard Mickelwait, Willoughby Dye and A. C. Sabin.

Witness my hand this third day of August A. D. 1894…..Geo. Mickelwait

At the request of George Mickelwait, who signed the above will in our presence, we sign our names as subscribing witnesses in his presence and in the presence of each other, this Aug. 3rd A.D. 1894.
Signed…A. C. Sabin; G. B. VanHorn; E. B. Woodruff.

CODICIL

I, George Mickelwait, the maker of the above and foregoing will, being of sound mind and memory, make certain changes in my foregoing will, on accounty of the death of my son, Albert J. Mickelwait, I now cancel and destroy all notes that I hold against my said son, being not only the gift notes but also the loan notes referred to in my said will, so that my executor will have no notes belonging to me to treat as assets of my estate against my said son or his estate. To the three children of my said deceased son, Albert J. Mickelwait, Vis: Eva Louisa Mickelwait, Alonzo Parl Mickelwait and Jennie Edith Mickelwait, I give and bequeath the sum of Fifteen Thousand Dollars, to be equally divided between them, that is, my executors shall pay over to their legal guardian the sum of Five Thousand Dollars for each of said children, if any or either of them are minors at my death, or at such time as my executors shall be ready to pay over said sums, and the said several sums to be paid to said children upon their arriving at their respective majorities, with the interest of said sums if any.

Subject to the terms and conditions of this codicil I confirm my said will, and select my said executors as the executors of this codicil, Witness my hand this 21st day of April A.D. 1898. Signed Geo. Mickelwait

At the request of George Mickelwait the maker of the above codicil, we sign our names as subscribing witnesses in his presence and in the presence of each other.
E. B. Woodruff
H. A. French

CODICIL (2nd)

I, George Mickelwait being of sound mind and memory, desire to add this as a codicil to my will dated August third 1894, witnessed by A. C. Sabin, G. B. Van Horn and E. B. Woodruff to which is added a codicil dates April 21st 1898, witnessed by E. B. Woodruff and H. A. French.

I, hereby affirm said will and codicil and in addition to my executors therein named, I hereby nominate and appoint D. L. Heinsheimer as one of the executors of my said will and all codicils, and request that he may act without giving bond, together with the other executors heretofore named, and I attach this codicil to my said will. Signed this 19th day of January 1899. Geo. Mickelwait

At the request of George Mickelwait, in his presence and in the presence of each other we sign as witnesses at same time Jan. 19th 1899. J. W. Mickelwait, J. M. Hanna.

CODICIL (3rd)

I, George Mickelwait, being of sound mind, do make this codicil to my will attached hereto, dated, Aug. 3, 1894.

I hereby annul and revoke so much of my last will as bequeathed to my daughter, H. A. Terry the sum of Thirty Six Hundred dollars, and I now bequeath nothing to my said daughter, and state that she is to have and receive nothing under my said will, to which this is a codicil; My reason for making this change is this, that I have this day made other arrangements for the care of my said daughter, both during her life time and after my death; I have executed a deed to her to be kept till my death when it is to be delivered to her in lieu of all other interest in my estate.

As my brother Richard has recently died I make a change in my executors, both to my said original will and also to any and all codicils attached thereto. I now nominate and appoint Willoughby Dye and D. L. Heinsheimer as executors to my said will and all codicils which I have since made including this one, and request that they may act without giving bond. Aside from the changes made herein, I confirm any and all other devises and bequests made in my said original will and the codicils thereto, all of which are attached together.

Witness my hand this 28th day of February A. D. 1899; The date of said original will is Aug. 4, 1894.
Signed….Geo. Mickelwait.

Witness to above Codicil
E. B. Woodruff
J. M. Hanna

CODICIL (4th)

I, George Mickelwait, of Mills County Iowa, being of sound mind do make this codicil to my will and testament dated August third 1894.

First, I revoke my codicil to my said will dated Feb 28th 1899, so far as the same in any manner refers to my daughter H. A. Terry, therein mentioned: And I now give, devise and bequeath to my executors herein named, and their successors, in case both die, all my shares of stock, being twenty shares, in the Mills County National Bank, of Glenwood, Iowa, and the following described real estate, situated in Mills County Iowa, to wit: Commencing at a point 40 rods west of the north west corner of the north east quarter of Section Twelve, in Township Seventy-two, North; of Range Forty-three West, and running thence west 70 rods and 6 & ½ feet to a stone; thence south 58 rods & 4 feet to the place of beginning containing 24 & 33/100 acres more or less; (this being the land described in said deed.) All of the above land and bank stock to be held by my executors in trust for the purposes herein named, to wit: as long as my said daughter H. A. Terry, lives, the dividends, rents and profits of all said property, after paying taxes and expenses, to be paid to her. If she chooses not to live on said land, then my executors shall rent the same and pay her the income, after paying all the expenses. At the death of my said daughter, I order my executors to assign and deliver to the then surviving of the three children, now living, of my son George W. Mickelwait of Ord Neb. Said bank stock and the said real estate, making a deed of conveyance, if needed to make a perfect title; If a deed is not needed, then the title shall vest in them, or the ones surviving the death of my said daughter. The names of said grandchildren are Richard Earl Mickelwait, Charles Mickelwait and Mary Mickelwait.

Second - My said daughter to take nothing under my original will.
I give and bequeath to James M. Hannah the sum of One Thousand Dollars.
I appoint and select Willoughby Dye and D. L. Heinsheimer as executors of this codicil and request that the survivor of them may act alone. In case both die before my said daughter, I request the Court to appoint some one to carry out the trust created by this codicil. I request that the executors named may act without giving bond. Subject to the changes made in this codicil, I confirm all the provisions of my will, dated August third 1894, to which this codicil is attached, together with the other condicils which I have made and also attached to said will. In view of the fact that I have lost my sight since I signed my codicil dated Feb. 28, 1899, I now make my mark hereto. Witness my hand, by mark, this 30th day of October 1900.
George (X) Mickelwait.

Witness to mark
E. B. Woodruff
A. D. French

CODICIL (5TH)

I, George Mickelwait of Mills County Iowa, being of sound mind and memory, do make this codicil to my will, dated Aug. third 1894.

I now change said will and codicils thereto, which I have heretofore made, particularly the codicil in typewriting and one line of pen writing, dated Oct. 30th 1900, in the following manner, to wit:

I revoke the bequest therein made of the stock in the Mills County National Bank, of Glenwood, Iowa, and now said stock will be divided according to the terms of my original will, above named of August 3, 1894.

In place of said bank stock I give and bequeath to my executors and their successors the sum of Twenty Four Hundred Dollars, in trust for the use of my said daughter, H. A. Terry, during her natural life, the same to be loaned out and the interest and so much of the principal shall from time to time be paid my said daughter as shall in the sound judgment of said executors, be needed by her after exhausting the use of said land.

At the death of my said daughter, I order my executors to sell and convey said land without need of any order of Court. The proceeds arising from the sale of said land and any balance of said Twenty Four Hundred Dollars remaining on hand in the hands of my executors at the death of my said daughter, I order divided equally, share and share alike, between my son, George W. Mickelwait and his present wife, and their three children, and my son J. W. Mickelwait and his present wife, and the two children of my last named son, making as it now stands nine shares; In case of the death of any of said nine people, prior to my daughters death, then the survivors of them to divide share and share alike. I hereby state that my said daughter is to receive nothing under my original will or any other codicil thereto except this one; and aside from the changes herein made I confirm my original will and the codicils thereto attached which codicils are dated Jan 19, 1899 and Oct. 30, 1900 and April 21st 1898

Witness my hand this second day of November A.D. 1901, by mark….George (X) Mickelwait

At the request of the above testator, George Mickelwait, we sign our names as subscribing witnesses in his presence and in the presence of each other, and he signs his name by mark in our presence.
E. B. Woodruff
C. W. Gilmore