COFFMAN, India A.

COFFMAN, WEARIN, BENTON, HYDE

Posted By: Cay Merryman (email)
Date: 2/7/2004 at 23:06:57

I, India A. Coffman of Malvern, Iowa, of the lawful age and sound and disposing mind and memory, do make, publish and declare this to be my last Will and Testament.

First..As Executor and trustee to carry out and execute my desires and this instrument I appoint my brother, A. J. Wearin of Hastings, Iowa, who will act without bond, and in the event of the death, refusal to act, or resignation of him the said A. J. Wearin, then my sister, F. M. Benton will act as Executrix and trustee to carry out the trust hereby created and she will act without bond, and in the event of the resignation, death or refusal to act of her, the said F. M. Benton, then the District Court of Iowa in and for Mills County, Iowa, will appoint an Executrix or Executor, under such bonds of said Court as may be required. But in no event and under no circumstances shall S. J. Coffman or any person named or suggested by S. J. Coffman act as Executor or trustee of my estate or have anything to do therewith, with the further settlement by way of explanation that the said S. J. Coffman in this instrument referred to, is the person who at one time was my husband and from whom I was divorced.

Second..I give devise and bequeath all the property, real and personal, of which I die seized or which I hereafter become possessed by gift or decent of in any manner acquired, to my said Executor or Executrix of my estate in trust for my three children to hold, manage and control the same as long as said Executor or Executrix may deem best, and in any event shall my said Executor and trustee handle and control said property until the youngest child hereinafter named shall have reached the age of thirty-five years. My children in this instrument referred to are Blanche Coffman, age eighteen years, Olive Coffman, now in her sixteenth year and Myrtle Coffman now in her thirteenth year. Out of my real estate my Executors or Executrix, after paying the expenses of said estate and all of my just debts will then pay all expense that they deem proper for clothing, board and education (of) said children. The Executor to determine what sum or sums shall be thus paid out on account. When all of the said children or those not deceased therefore, shall attain the age of thirty-five years, the three children take, own and hold my entire estate not expended as aforesaid, share and share alike in value. If one or more of my said daughters shall die before the youngest child attains the age of thirty-five years and leaves no lawful issue surviving her, then in that event the two remaining children shall inherit my entire estate, and if two of my said children die without lawful issue before the youngest child reaches the age of thirty-five years then the one remaining child shall inherit my estate. But if either of my children die before the youngest child reaches the age of thirty-five years and leaves child or children, the issue of lawful wedlock then said child or children shall inherit that portion of my estate that would have gone to the Mother of such child, and such property shall be transferred by my trustee in accordance with the above provisions of this Will when the youngest child then living attains the age of thirty-five years.

I further direct that in the event of any one of my said daughters marrying before she reaches the age of thirty five that my said Executors or Executrix shall allow such child to go upon a portion of my said real estate, being one third thereof in value. And use and manage the same to the benefit of herself and family. But she shall not acquire the title to said real estate to sell or ______ until the youngest child then living shall have reached the age of thirty-five years, but should such child not live on or cultivate said land, then my Executor shall manage the same as if said child or children was not married.

And I further direct that said executors shall annually divide among my three children or what of them remaining living, share and share alike, the net income from the rents of such lands. And in the event of the death of all my children, without issue, I give and bequeath all of my property of which I die seized or which I acquire by gift or decent (sic) to my four nephews being the children of my sister F.M. Benton to-wit: Albert A. Benton, Josiah H. Benton, Edwin U. Benton, Hurlburt F. Benton, to hold said property to their own use and benefit forever.

I, at this time, declare this to be my last Will and Testament and I hereby revoke all former wills by me made. And especially do I revoke a certain Will drawn by Honorable Smith McPherson on February 15th, 1897 A.D. Dated January 23rd A.D. 1906 Signed India A. Coffman
Witnesses
Clyde Genung
Irene Genung

CODICIL

I, India A. Coffman of Malvern, Iowa, being of sound and disposing mind do make declare and publish this codicil to my last Will and attach the same to my said last Will as a part thereof and direct and declare them to be one instrument.

First..Since making my said last Will and Testament my Mother, Olive Wearin, has departed this life, and in her Will I have been left certain real estate, which real estate at my death goes under my said Will to my children, share and share alike, and if all of my children are dead and leave no living issue then all of my real estate goes to certain of my Nephews. Now in so far as the land I receive from my Mother excepting that in Section 14 Tp. 72 R.41. I give to my Nephew Otha Hyde, that is to say, if all my children die before they receive said Estate then the same goes to my said Nephew, providing none of my children leave lawful issue.

I have named as my Executors and Executrix of my Will my brother A. J. Wearin and Francis M. Benton, my sister, now with the full knowledge of the amount of property they have to look after and manage, and for other reasons I revoke both appointments for I don't want one S. J. Coffman to get one cents worth of benefit of their labor. I therefore appoint as my Executor James J. Wilson of Malvern, Iowa, and if he refuses to act then I direct my Atty, ?.T. Genung and my brother A. J. Wearin to name some good and suitable person to act and I ask the Court to appoint the person they name.

I further direct that in case I do not live to complete the education of my children that my Executor keep such children at my request at St. Francis Academy.

I give to my daughter Myrtle the gold watch chain I received from my Mother and to my daughter Blanche I give the Hair Jewelry I received from my Mother and to Olive Coffman I give my Mother's ring.
March 31, 1908 Signed India A. Coffman
Witnesses
Georgie Genung
N. S. Genung

I, India A. Coffman now desire to add one provision to the foregoing Will and Codicil the same having been forgotten until after the Will & Codicil were drawn 1st I desire that the Trustee named in the foregoing Codicil, buy and maintain a suitable home for my children, and keep the same up as long as my said children are without homes of their own, or as long as they desire the same kept up, or until said estate is finally settled up and divided, and I would desire that the present homestead now occupied by me be secured if possible. And when my said Children are through with the home I have thus provided, I desire & request that the same shall be sold & the proceeds be equally divided among my then living children. India A. Coffman

CODICIL

I, India A. Coffman of Malvern, Mills County Iowa, being of full age and of sound mind and memory hereby make this a Codicil to my Will the original of which was by me made and executed on the 23rd day of January, 1906, and to which a former Codicil was executed on the 31st day of March 1908. And I now Execute and attach this Codicil to my said former Will and Codicil of date January 23rd, 1906 and March 31st 1908 and ask that they be all read together and on one Instrument.

First..Since making the foregoing Will and Codicil it has been necessary to have my lands and properties taken care of by an agent. That Clyde T. Genung, of Glenwood, Iowa, has acted in that capacity for me since July 1912. And being fully convinced of his ability to look after said property and of his integrity to do so, I hereby appoint the said Clyde T. Genung as Executor to act jointly with James J. Wilson of Malvern, Iowa, who is named as Executor in the Codicil of March 31, 1908, and I appoint the said James J. Wilson and Clyde T. Genung as Executors to carry out the terms of said will and to act in that capacity so long as my said property is being Administered upon.

I make the appointment of said Clyde T. Genung as Executor and Trustee for the reason that he has had and now has charge of said property and knows all about the property and of my indebtedness.

Second, it is my desire that said James J. Wilson and Clyde T. Genung act as Executors of my said Will and Trustee of my property and that they be paid upon order of the Court for their services from said property. India A. Coffman
Witnesses
Kate Doxey
Zettie Trueblood