BERKHIMER, Andrew

BERKHIMER, BARRICK, DONNER, CADWELL, BAIRD, COOK, JONES

Posted By: Tami L Murphy (email)
Date: 11/3/2003 at 21:01:39

Know all men by these presents;

That I Andrew Berkhimer of Silver Creek Township, Mills County, Iowa, being of sound mind and memory do hereby make publish and declare this to be my last will and testament, hereby revoking all former wills by me made.

Item 1. It is my will and I hereby devise and bequeath to my beloved wife Margaret Berkhimer, all the property that I may own at my death including real, personal and mixed property, for her use and benefit during the term of her natural life, and after her death or in the event that she should die before my decease, then and either of said events, I will and direct, that all of my property, including real, personal and mixed, shall be divided among my children as follows:

Item 2. It is my will and I hereby bequeath to my daughter Clara Barrick the sum of $200.00 in money to partially compensate her for the extra time she stayed at home with her parents.

Item 3. It is my will and I hereby devise and
bequeath to my beloved son Chester E. Berkhimer the south one half (1/2) of the northwest one fourth (1/4) of the southeast quarter (1/4) of section no. four (4) in township No. seventy two,(72) Range No. forty two (42) in Fremont County, and state of Iowa, being a five acre tract with all the improvements, during the term of his natural life, for his use and benefit, only and at the death of my said son Chester E. Berkhimer, I will and direct that said property go to and become the property of the children of my said son Chester E. Birkhimer, then living share and share alike, and I further direct and will that in the event, that I should dispose of said property during my life time, and invest the proceeds of said sale in other property that said exchanged property shall go to my said son Chester E. Birkhimer on the same terms, conditions, and limitations as set forth in this paragraph of my said will.

Item 4. It is my will and I direct that my Executors, hereinafter named, shall set aside a fund of $1,000.00 from the proceeds of my personal estate and pay said fund or $1,000.00 over to P.M. Cadwell, as Trustee, to be held in trust by the said Trustee, for the following purpose, said fund to be deposited in some bank drawing interest, and the interest to be used in paying the taxes and insurance and repairs on said above mentioned property, and at the death of my said son Chester E. Birkhimer, said fund to be used by said Trustee in the payment of the funeral and burial expenses and the expense of a suitable monument or tomb stone for my said son Chester E. Birkhimer, and if there is any balance left in said fund the same to be to the then living heirs of my said son Chester E. Birkhimer in equal portions share and share alike.

Item 5. It is my will, and I hereby direct that after the death of my beloved wife or in the event that she should die before my decease I then will and direct that all of my property, except the property as disposed of in Items three and four of this will, be divided equally share and share alike among my beloved children named as follows: Sarah Donner, George Berkhimer, Clara Barrick, Louis Berkhimer, Andrew Birkhimer, and Margaret A. Cadwell, share and share alike, and I direct that any advancements that I have made or may make to any of them during my life time shall be deduducted from their respective shares, and I have at this time and prior hereto made the following advancements to them.

To Louis Berkhimer the sum of $1,000.00, to George Berkhimer the sum of $1,000.00, to Andrew Berkhimer the sum of $500.00, to Margaret Cadwell the sum of $1,000.00, which I direct shall be dudcted from their respective shares.

Item 6. It is my will and I hereby direct that in the final division of my estate among my children, that my son Andrew Berkhimer shall have the following described real estate to-wit: The south one half (1/2) of the southeast quarter (1/4) of section No. twenty, and two acres out of the southwest corner of the north one half of the south east quarter of said section No. twenty, this to include the orchard and the grove, all in the township No. seventy two (72), North of Range No. forty one west in Mills County, and state of Iowa. Which said real estate shall be set off to my said son Andrew Berkhimer and shall be valued at $100.00 per acre, and if said land so valued shall amount to more than his distributive share he shall pay the difference in money in equal portions to the other heirs.

Item 7. It is my will and I hereby direct that after the death of my beloved wife, or in the event that she should die before my decease, that all of my estate in real personal and mixed property, with the exception of the specific property, herein willed to certain of my children, be sold and converted into money and the money derived from the proceeds of said sale or sales to be divided equally among my children named in item five of this will, being all of my children excepting my son Chester E. Berkhimer, who I have provided for in other portions of this will. All devises and bequests herein mentioned are made subject to the life estate of my wife except the portion going to C.E. Berkhimer and heirs.

Item 8. It is my will and I hereby nominate and appoint P.M. Cadwell and Sherman Jones Executors of this my last Will and Testament to execute the same.

In witness hereto, I have hereto subscribed my name hereto as the Testator this 18th day of December A.D. 1911, in the presence of A.E. Cook and Chan C. Baird, subscribing witness hereto at my instance and request.

Andrew Berkhimer,
Testator.

We the undersigned A.E. Cook and Chan C. Baird of Malvern, Iowa, hereto subscribe our names as subscribing witnesses hereto at the instance and request of said Testator, and in his presence and in the presence of each other, and we further certify that we saw said testator sign his name and that at the time he was of sound mind and memory. Witness our hand the day and year above written.

Witnesses
Chan C. Baird
A.E. Cook

State of Iowa Mills County, ss

I C.R. Brothers Clerk of the District Court, hereby certify that an instrument purporting to be the Last Will and Testament of Andrew Birkhimer of Mills County, Iowa, was presented read and filed on the 21st day of Nov 1912; that notice was published for its Probate in the Malvern Leader a weekly newspaper in Mills County, Iowa, three consecutive weeks, the last publication being ten days before the time appointed for its probate; that on said time appointed, the execution of said will was duly approved by the subscribing witnesses thereto; and also that the said testator at the time of its execution was of full age, sound disposing mind and memory and free to act. It was then and there adjudged and ordered by the Court that the aforessaid instrument was duly executed and that the same be admitted to Probate as the Last Will and Testament of Andrew Birkhimer and that letters testamentary issued to the Executor named therein in accordance with which P.M. Cadwell and Sherman Jones Executor named in said will were appointed to carry its provisions into effect. In witness Whereof, I have attached the seal of this Court and subscribed my name, this 2nd day of Dec 1912. C.R. Brothers Clerk Of The District Court.