CHOATE, Wayne

CHOATE

Posted By: Cay Merryman (email)
Date: 1/11/2004 at 20:44:26

I, Wayne Choate, of Glenwood, Mills County, Iowa, a farmer, of sound mind and memory and in view of the uncertainty of life do hereby make, publish and declare this my last will and testament hereby revoking all wills heretofore made by me.

First: I will and bequeath to my wife Elizabeth E. Choate all of the personal property of whatever kind and wheresoever located of which I may die possessed to be her own absolutely. I have heretofore executed and delivered to my wife a Deed for my residence property in Glenwood, Iowa, being Lot number four of sub-division of Block number eight to be her own absolutely and in fee simple.

Second: I will and bequeath to my wife Elizabeth E. Choate for her support so long as she shall live the net annual income from my farm situated in Section twenty three of township seventy two, of range forty three, in Mills county, Iowa, the same to be paid to her as rapidly as it is realized.

Third: I devise, will and bequeath to William Francis Choate to come into possession of the same upon the death of my wife Elizabeth and subject to the conditions hereinafter named, all of my farm in section twenty three of township seventy two of range forty three, in Mills County, Iowa.

Condition First: In case the income or rentals of the said farm from unforseen cause or disaster should not be sufficient to pay for the reasonable support and care of my wife, Elizabeth E. Choate during her lifetime then part, parts or all of the said farm may be sold and in case of any such sale or sales the proceeds therefrom shall be equally divided between my wife Elizabeth E. Choate and William Francis Choate.

Condition Second: My wife Elizabeth E. Choate and William Francis Choate shall have the option by mutual consent to sell part, parts or all of the said farm and to divide the proceeds from any such sale or sales equally between them.

Condition Three: In case of the death of William Francis Choate before the death of my wife Elizabeth E. Choate, then and in that case the foregoing part of this Section three shall be revoked and in lieu thereof I devise, will and bequeath to my wife Elizabeth Choate one half interest in the said farm and the other one half interest in the said farm I devise, will and bequeath to the then surviving children of the said William Francis Choate to come into possession thereof upon the death of my wife Elizabeth, thereby reserving to her the income from all of the said farm during her life.
The William Francis Choate named herein, commonly called Frank Choate, was taken by me upon the death of his parents when he was very young and I thought by the proceedings then done that I had legally adopted him and I have raised him in my family as an only son and from his faithfulness to me and in token
Of my love and affection to him I desire to treat him in the disposition of my property as if he were my son.

The portions here given to my wife are in lieu of all rights and interest which she would have in my estate in the absence of a will.

Finally, I hereby appoint my wife Elizabeth E. Choate and William Francis Choate to be the Executors of this my last will and testament and direct that they shall act jointly but in the event of the death of either, the other may act as such Executor alone and I direct that they or neither of them shall be required to give bonds as such Executor.

In witness whereof, I have hereunto subscribed my name this eighteenth day of July, A.D. 1908
Signed Wayne Choate

We, E. R. Herrick of Glenwood, Iowa, and E. V. Rhoades of Glenwood, Iowa, hereby certify that on the 18th day of July A.D. 1908, at Glenwood, Mills County, Iowa, Wayne Choate 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 presence, and in the presence of each other, do hereunto subscribe our names as witnesses thereto.
E. R. Herrick
E.V. Rhoades