ESTES, Richard C.

ESTES, DELAVAN

Posted By: Cay Merryman (email)
Date: 2/27/2004 at 20:44:28

WILL OF RICHARD C. ESTES

This is the last Will and Testament of Richard C. Estes, farmer, of Rawles Township, County of Mills and State of Iowa, hereby revoking all former wills by me heretofore made.

I do now make and publish this my last Will and Testament as follows, that is to say:

1st Having heretofore given to my oldest son, William M. Estes, one hundred and eighty five acres of land. I do now bequeath to him the sum of Five Hundred Dollars in money.

2nd Having heretofore given to my son Samuel M. Estes two hundred acres of land, I do now bequeath to him Five Hundred Dollars in money.

3rd Having heretofore given to my three daughters Permelia Catherine, Margaret Mildred and Nancy Ellen Delavan severally money and property to each, of the estimated value of Twenty Eight Hundred Dollars. I do now bequeath to each of them the further sum of Twelve Hundred Dollars in money.

4th To my four other daughters, Martha Elizabeth, Virginia Caroline, Ann Eliza and Julia, I bequeath the sum of Four Thousand Dollars each.

5th Subject to the use thereof hereinafter provided for my wife, Elizabeth, I give, devise and bequeath to my two younger sons, George Washington Estes and Edward C. Bosbyshell Estes, my home farm described as embracing the following described lands, or so much thereof as I may own at the date of my decease to wit: The SW ¼, the S ½ of the NW ¼ and the NW ¼ of the NW ¼ of Section 20. The E ½ of the NE ¼ and the SW ¼ of the NE ¼ of the SE ¼ of the NW ¼ of Section 19 and 26 ½ acres in Section 18. All in Tp. 71 N of R. 42 W and also all the stock Farming Implements and machinery that may be thereon at the date of decease of my wife, Elizabeth. If certain of said two boys should die before becoming fully into possession of this bequest to them and leaving no issue, then the survivor shall be entitled to the whole of it.

Item: If any of my daughters should die without issue and before becoming possessed of the bequest provided for her, the surviving sisters and their issue shall inherit the same in equal proportions.

Item: I request that my sons William M., Samuel M. and my sons-in-law Delavans, to divide, when a division becomes necessary, the said home farm and personal property between the two younger boys before named.

6th I give, devise and bequeath to my wife Elizabeth the use of the home farm during her life time and also all the livestock, farming implements and machinery thereon, giving to her the power to sell and use the same absolutely as her own during life.

7th All the residue and remainder of my property of whatsoever kind or wheresoever situated I give, devise and bequeath to my daughters aforementioned and their issue. And now provide further that if for any cause my property should be insufficient to pay all the foregoing bequests and devises, the deficiency shall be apportioned equally between my said daughters and their issue.

Item: It is now contemplated by me that I may yet during my lifetime make advancements upon some or all of the foregoing bequests, but in all such cases I will take receipts therefore.

Item: And I further declare as an addition to the provisions made in paragraph numbered "5" aforesaid that in case both of said boys should die before coming into the full possession of the devises and bequests provided for them in said paragraph then the same shall descend in equal proportions sisters and their issue only.

I nominate and appoint as Executors of this my Will, my said wife Elizabeth and my son-in-law Hiram A. Delavan and request that no bonds required of them. Signed Richard C. (X) Estes
Witnessed the 29th day of May 1877
E. C. Bosbyshell
L. W. Russell
Jno. Hanson

CODICIL

And now on this 29th day of May 1883, my situation in life and relations to my several children having changed somewhat, I do now change, amend and modify my foregoing last Will and Testament in these
________ and none other, namely:
1st The bequests to William M. and to Samuel M. of Five Hundred Dollars in paragraph 1 and 2 are hereby withdrawn.
2nd The home farm devised to George W. and Edward C.B. in the 5th paragraph is to be understood as embracing also the 132 acre farm bought of J. W. Davis by Deed dated Oct. 11, 1879 and which is recorded in Book No. 20 of lands at page (3?) in the ________records in the Recorder's Office, Mills County, Iowa.
3rd The names of George W. and Edward C.B. I do name also ______in the 7th paragraph as residency legatees to share equally with and as their sisters do. Signed Richard C. (X) Estes.
Witnessed 29th May 1883
L. W. Russell
John Hanson