CUNNINGHAM, Patrick

CUNNINGHAM, KILMARTIN, GIBBONS, CONNOR, GLYNN, CHRISTY, ANGELL

Posted By: Cay Merryman (email)
Date: 2/20/2004 at 10:24:57

I, Patrick Cunningham, of Rawles Township in the county of Mills, State of Iowa, being of sound and disposing mind and memory, do make, publish and declare this to be my last will and testament; hereby revoking all former wills by me made.

Item 1 I direct that my just debts and funeral expenses be first paid out of my estate. And should it be necessary to take or dispose of any of my real estate for that purpose it shall be the North ½ of the NE Quarter of Section Thirteen, in Township seventy-one, Range Forty-two in Mills County, Iowa. The land mentioned in the next item of this will being devised free of any such debt until that herein described is first exhausted.

Item 2 I will, devise and bequeath to Elizabeth Gibbons, who has been a faithful housekeeper for me for the past eighteen years or thereabouts, the following described real estate situated in Mills County, Iowa, to wit: The South half of the NE Quarter of Section No. Thirteen in Township No. Seventy-one, Range Forty-two; to have and to hold the same in fee simple.

Item 3 I hereby give and bequeath to each of the following named persons the sum of Two Hundred Dollars, to wit:
My brother Peter Cunningham of Mills County, Iowa
Mary Cunningham, wife of said Peter Cunningham
My cousin Martin Connor of Mills County, Iowa
Theresa Connor, the wife of said Martin Connor
Joseph Connor, son of said Martin and Theresa Connor
John Connor, son of said Martin and Theresa Connor
William Connor, son of said Martin and Theresa Connor
Dewey Connor, son of said Martin and Theresa Connor
Michael Connor, son of said Martin and Theresa Connor
Fred Cunningham, son of my brother Peter Cunningham
Martin Cunningham, son of my brother Peter Cunningham
Amy Glynn, daughter of my brother Peter Cunningham
My cousin Patrick Kilmartin, of Mills County, Iowa
Florence Kilmartin, daughter of said Patrick Kilmartin
Grace Kilmartin, daughter of said Patrick Kilmartin
Anna Kilmartin, daughter of said Patrick Kilmartin
Alfred P. Kilmartin, son of said Patrick Kilmartin
C. B. Christy of Malvern, Iowa
Henrietta Angell of Malvern, Iowa
Ethel Cunningham, my cousin, of Malvern, Iowa

Item 4: I will and bequeath to the following named persons the sums herein stated, for the purposes here designated, to wit:
To the Rt. Rev. James Davis, Bishop of the Catholic Church for the diocese of Davenport, Iowa, the sum of One Hundred Dollars, the same to be expended by him for the use and benefit of the Catholic Church at Malvern, Iowa.
To the Rev. William Quinn, now pastor of the Catholic Church at Malvern, Iowa, the sum of One Hundred Dollars as an offering for Masses for the repose of my soul.

Item 5: I will and direct that the executor of this will deposit with the Bank of Malvern, Iowa, the sum of Fifty Dollars from the monies of my estate, to be held in trust by it on deposit at interest, the interest thereon to be used for the care and maintenance of my burial plot in the Malvern Cemetery near Malvern, Iowa, said deposit however is subject to withdrawal or change upon the order of the executors of this will if they shall see fit to do so, but in that event the same shall be again deposited by them in some safe bank at interest and the interest used for the purpose above stated. And at the close of the administration of my estate they shall have the right to make some permanent provision to have said trust administered for the future by some person whom they may designate.

Item 6: All of the bequests mentioned in the three preceding Items of this Will, amounting to Four thousand two hundred and fifty Dollars, shall be paid from the proceeds of the sale of the North half of the NE Quarter of Section Thirteen in Township Seventy one, North of Range Forty-two in Mills County, Iowa, and shall not be a charge upon, or paid from, the land hereinbefore devised to Elizabeth Gibbons. And for the purpose of paying said bequests I hereby authorize, direct and empower the executors of this will to sell and dispose of the land described in this Item of my Will, and to make deed therefor conveying the same to the purchaser thereof as fully and effectually as I might personally do if living. The sale of said land shall be made by them as soon as convenient after my death when they shall deem it to be to the best advantage and for the best price they can then obtain.

But in the event that the net proceeds from the sale of said land be less than the total amount of the bequests mentioned in the three preceding items of this will, then the said bequests shall be reduced in proportion to the respective amounts therein bequeathed so that the total bequests shall equal the amount of the net proceeds of said sale. And the beneficiaries shall in that event be entitled to no more than said amount.

Item 7: All of the rest and residue of my estate after the payment of my debts and the foregoing bequests, I hereby will, devise and bequeath to the said Elizabeth Gibbons of Mills County, Iowa.

Item 8: I hereby appoint my cousin Patrick Kilmartin and my brother Peter Cunningham, both of Mills County, Iowa, executors of this will and request that they be not required to give bond as such.

In witness whereof, I have hereunto set my hand this 31st day of August, 1910.
Signed Pat Cunningham
Signed in the presence of:
J. J. Hughes
P. J. McBride