BENTON, A. A. - will

BENTON, SUMMERS, GENUNG, MARTIN

Posted By: Tami L Murphy (email)
Date: 1/3/2004 at 11:39:46

I A.A. Benton of Malvern Mills County, Iowa being of sound mind and memory do make, publish and declare this to be my last will and testament hereby revoking all former Will by me at any time made.

First; I declare that all my just debts and funeral expenses be first paid by my executors.

Second; My wife Arvilla Summers Benton and my self have a joint deed to four hundred acres of land in Mills County, Iowa, and she will make a joint deed with my executors hereof, and in that event I direct the following disposition of my property.

Third; I direct my executors herein after named as soon as practible to sell the four hundred acres of land in Mills County, Iowa, and from the proceeds thereof pay to my wife Arvilla Summers Benton the sum of Eighteen Thousand ($18,000.00) and the balance of the proceeds from the sale of said lands and all personal property shall belong to and I give devise and bequeath the same to my wife Arvilla Summers Benton and my children share and share alike.

Fourth; I direct that the trustees herein after named shall pay the expenses of the family and that they shall charge it to each member thereof share and share alike.

Fifth; I direct that my executors pay to the Trustees of the Presbyterian Church of Malvern for the purpose of helping to build a new church the sum of $1,000.00 said amount not to be used for any other purpose than building a new church. Said executors to pay said amount on the closing of the estate but in no event shall it draw any interest against the estate.

Sixth; I hereby direct that my executors shall use the summ of $500.00 to be used as a joint fund to help in the erection of a monument on the Benton's Cemetery lots in the Malvern Cemetery.
I direct that my executors be not required to give bonds and I hereby nominate and appoint my wife Arvilla Summers Benton and my brother J.H. Benton trustees of my property after the administration of said estate and direct that they be not required to give bond as such trustees.

Seventh; After the appointment of my executors and their qualification it is my desire that they close up the sale of the land personal property as soon as possible; but using their own good judgment as to when and how to sell said property so that none of it shall be sacrificed.

Eighth; I direct that after the payment of the $18000.00 to my wife as set forth in the 3rd clause hereof the balance of my estate, except that to the trustees of the Presbyterian Church and money for monument shall be invested by my trustee's herein named in high class securities and held in trust for my wife and children as herein before set out.

Ninth; I direct that my brother J.H. Benton be paid a reasonable compensation for his services and request him to accept the same.

Tenth; I direct that the trusteeship herein created shall continue until the youngest of my children shall reach the age of twenty five years. But I direct that the Court can under application of my trustee's allow them to make a reasonable business investment for them when they reach their majority.

Eleventh; I direct that in the eveny that either of my executors or trustees herein named can not serve then I appoint my brother E.N. Benton to act without bonds.

Signed this 27th day of May, 1919

A.A. Benton

On this 27th day of May 1919 the foregoing instrument was signed by A.A. Benton in our presence he at the same time declared the same to be his Last Will and Testament and we at his request and in his presence and in the presence of eac other subscribed our names as witnesses hereto.

Ethel M. Martin

Clyde T. Genung

State of Iowa, Mills County, ss

I Walter S. Brown clerk of the District Court, hereby certify that an instrument purporting to be the Last Will and Testament of A.A. Benton of Mills County, Iowa, was presented read and filed on the 30 day of June 1919;that notice was published for its Probate in the Malvern Leader a weekly newspaper in Mills County, Iowa, one publication before the time appointed for it's Probate; that on said time appointed, the execution of said will was duly approved by the subscribing witness 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 aforesaid instrument was duly executed and that the same be admitted to Probate as the Last Will and Testament of A.A. Benton and that letters testamentary issue to the Executors named therein in accordance with which Arvilla Summers Benton and J.H. Benton Executors 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 12 day of July 1919.