KILLGORE, Harriet

KILLGORE, REED, HARRIS, HOWARD, POWELL, BETHLEHEM SCHOOL

Posted By: Deb Hascall (email)
Date: 3/3/2004 at 07:44:33

Will of Harriet Killgore Deceased

Know all men by these presents that I Harriet Killgore being of sound mind but realizing the uncertainty of life, do make and declare this to be my last will and testament hereby revoking all other Wills by me at anytime heretofore made:

First: It is my wish that all my just debts be full and entirely paid including my funeral expenses by my Executor hereinafter named as soon after my decease as he finds convenient: That he also erect at my grave a monument to cost about $50.00 the expense of which is to be paid out of my estate.

Second: It is my wish that my Executor hereinafter named shall pay to each one of my children or their heirs the following amounts towit:
Thomas Reed of Cook County Texas, One Dollar ($1.00).
The heirs of my daughter Ann Howard deceased shall be paid one Dollar ($1.00) to be divided among them share and share alike.
Susan Powell one Dollar, John Reed One Dollar, George Reed One Dollar
The heirs of my son James Reed deceased, shall be paid One Dollar ($1.00) to be divided among them share and share alike. Mary Harris One Dollar ($1.00).

Third: It is my wish and desire that my farm, towit: The East half (E1/2) South East Quarter (1/4) part of Section Twenty Five (25) in Township 72 North and Range 44 west in Mills County, Iowa be delivered into the possession of my beloved husband Levi Killgore and Oney beloved grandson Oney Howard and that they have and hold said farm for a period of Twenty years: That said Levi Killgore and Oney Howard hold said farm as joint tenants and that they have full possession and use of same for said period of twenty years: That they shall be required to pay all taxes which may become due and payable against said land, that they shall keep up the improvements therein including buildings and fences in at least as good condition as they are in at the end of my life, natural and ordinary wear except: That in case of a failure to pay said taxes within two years from the time they become due and payable or in case from any other course said farm is in danger of being lost to the beneficiaries hereinafter named said beneficiaries may pay said taxes as others demands against said farm in case of payment of said demands by said beneficiaries and in case the said Levi Killgore and Oney Howard shall fail to pay back to said beneficiaries the money they may have there advanced within one year from the time same is paid then the said Levi Killgore and Oney Howard shall forfeit all rights to same as tenants in Common and their tenancy shall then terminate and the said beneficiaries shall have the right to take immediate possession of said farm upon the payment of Levi Killgore the sum of Three hundred Dollars ($300.00) expended by him in improvements and the other claims hereinafter named to Belle Howard and to Walter & Effie Reed.

In case the said Levi Kilgore and Oney Howard shall pay all of said taxes and other demands keep said farm clear of all encumbrance then it is my intention that they shall have the use of said farm share and share alike after paying all taxes and running of said farm each year for the said period of twenty years after my death:

In case of the death of Levi Killgore before my death it is my wish that said farm shall be and remain the possession of Oney Howard for said period of twenty years after my death subject to all of the above conditions, he receiving all of profits of same.

In case of the death of Levi Killgore after my death and before the expiration of the said period of twenty years, it is my wish and desire that said farm be and remain in the possession of the said Oney Howard until the expiration of said twenty years, but that the said Oney Howard shall pay to the heirs of said Levi Killgore the Three hundred Dollars ($300.00) expended by him in improvements on said farm which said amount shall be repaid to the said Oney Howard by the beneficiaries hereinafter named without interest at the end of said period of twenty years.

In case Levi Killgore should live to the end of said period of twenty years, it is my wish and desire that the beneficiaries hereinafter named shall pay to the said Levi Killgore said Three hundred Dollars without interest and that the said Levi Killgore shall have possession of said farm and enjoy the use and profits thereof till said amount is paid. three hundred Dollars is fully paid, but that same shall not draw interest.

In case of the death of Oney Howard before my death or in case of his death at any time before the period of twenty years has expired after my death. It is my wish that the said Levi Killgore shall have the use of said profits of said farm to the end of said period of twenty years and have full possession thereof, subject to the aforesaid terms and conditions as to taxes etc.

At the end of said period of twenty years I give, devise and bequeath unto my son John Reed and unto my daughter Mary Harris share and share alike my farm above described, less one acre taken off for school house purposes: or in case of the death of both Levi Killgore and Oney Howard before the end of said period of twenty years then it is my wish and desire that said farm becomes the property of my son John Reed and my daughter Mary Harris, share and share alike, and in either case, it is my wish and desire that John Reed and Mary Harris shall pay in equal share the following amounts which shall remain a lien upon and against said farm, beginning to run as a claim against them, whenever they become entitled to said farm. towit:

To Levi Killgore or his heirs $300.00
To Belle Howard, or her heirs $100.00
To Walter Reed, son of James Reed deceased to be paid when he becomes 21 years of age without interest $50.00.
To Effie Reed, daughter of James Reed, deceased, to be paid when she becomes 18 years old, no interest $50.00.

I further direct and wish that all personal property, horses, cattle, hogs, poultry, farming implements, household goods and all other personal property shall remain on said farm in the possession of said Levi Killgore and Oney Howard and shall be used by them same as I have above directed us to the farm and the same of the proceeds thereof left at the end of said twenty years shall go to the said John Reed and Mary Harris or in case of their death the interest herein willed to them shall descend to their heirs respectively.

Lastly: I nominate and appoint my son John Reed is my sole Executor of this my last will and testament and I direct that he sell personal property enough off my said farm to pay my funeral expenses and debts.

In Witness whereof, I have hereunto set my hand unto this my last will and testament, made this October 26” 1894

Harriet Killgore

Signed, Sealed, declared and published, as the last Will and testament of Harriet Reed by her in our presence, who at her request and in presence and in the presence of each other have subscribed our names as witnesses thereof.

D. W. Delashmutt Pacific Junction, Iowa

L. A. Sherman Pacific Junction Iowa

STATE OF IOWA, Mills County,---ss.

I, C. C. Potter Clerk of the District Court, hereby certify that an instrument purporting to be the last Will and Testament of Harriet Killgore of Mills County, Iowa, was presented, read and filed on the 7th day of July 1896; that notice was published for its probate in the Glenwood Opinion a weekly newspaper in Mills County, Iowa three consecutive weeks, the last publication being ten days before the time appointed for its probate; that on said time appointed, the execution of said will was duly approved by the subscribing witnesses 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 Harriet Killgore

IN WITNESS WHEREOF, I have attached the seal of this Court and subscribed my name this 18th day of May 1897.

C. C. Potter Clerk of District Court.

Transcript of the handwritten will of Harriet Killgore, Recorded by C. C. Potter, Clerk of District Court, Will Record Book 2, p.142, Mills County Courthouse, Glenwood, Iowa.