ANDERSON, Hattie

ANDERSON, CATTERLIN, STRANATHAN, MASON

Posted By: Cay Merryman (email)
Date: 4/19/2004 at 09:49:41

I, Hattie Anderson, of Ingraham Township, Mills County and state of Iowa, being of full age and sound mind do make, publish and declare this to be my last will and testament, hereby revoking all former wills by me at any time made.

First: I direct that my executors hereinafter named shall pay all my just debts and funeral expenses as soon after my death as they can conveniently do the same.

Second: I give, devise and bequeath unto my son, Harry Anderson, the life use of the East Half of the Southeast Quarter of Section 2, and the Southeast Quarter of the Northeast Quarter of Section 2. Also the life use of the South part of the Northeast Quarter of the Northwest Quarter and the Southeast Quarter of the Northwest Quarter of Section 12. All of said lands being in Township 73, Range 42, in Mills County Iowa. And after the termination of said life estate hereby created in my son, Harry Anderson, I direct that the said property shall go to his children, share and share alike.

Third: The last portion of the property described in said clause two hereof and being in Section 12, Township 73, Range 42, is timber land.

Fourth: I give, devise and bequeath to my daughter, Anna Catterlin, the life use of the Southeast Quarter of Section 14, lying West of the creek, and the East 106 acres of the Southwest Quarter of Section 14, Township 73, Range 41, in Mills County, Iowa, the same being my farm located in Anderson Township that the said Anna Catterlin is to have the life use and benefit of said real estate and at her death the same shall go to her children, share and share alike.

Fifth: To my son, I. D. Anderson, I give, devise and bequeath the absolute title in fee simple to the North Half of the Northeast Quarter of Section 22, Township 73, Range 42, in Mills County, Iowa

Sixth: To my son I. D. Anderson, I give, devise and bequeath the life use of the Southeast Quarter and the South Half of the Northeast Quarter of Section 22, Township 73, Range 42, in Mills County, Iowa, and at his death the same shall go to his children, share and share alike. That there is now a mortgage for the sum of $8,000 on the Southeast Quarter and the South Half of the Northeast Quarter of Section 22, Township 73, Range 42, and I hereby direct that my said son, I. D. Anderson shall pay to my executors hereinafter named sufficient rents to pay said mortgage and to keep up the interest and taxes thereon. The purpose being that the said executors shall collect rents enough to, within a reasonable length of time, extinguish the mortgage on said last above described real estate, and if for any reason the said I. D. Anderson shall fail or refuse to pay said interest to my said executors hereinafter named they shall take charge of said real estate and rent the same to outside parties until such time as they have raised money enough to pay off said mortgage. And it is my intention and direction that the real estate herein devised to the said I. D. Anderson, either in fee or as a life estate, shall be subject to the payment of said $8,000, if the same shall on the land at the time of my death. [a word/words seem to be missing in the last sentence]

Seventh: I give, devise and bequeath to my daughter, Myrtle Stranathan, the South Half of the Southeast Quarter of Section 15, Township 73, Range 42, in Mills County, Iowa, in fee simple.

Eighth: I also give, devise and bequeath the life use of the North Three Quarters of the Northwest Quarter of Section 15, Township 73, Range 42, and the North Half of the Southeast Quarter of Section 15, Township 73, Range 42, and the South Half of the South Half of the Northeast Quarter of Section 15, Township 73, Range 42, to my daughter, Myrtle Stranathan, and at her death the said real estate described on this paragraph of my said will shall go to her children, share and share alike, including her daughter, Jenet Mason. And it is my intention and I hereby direct that the said Myrtle Stranathan shall assume and pay off an indebtedness of $8,000. It is now my intention to refund a loan that I now have and to place a mortgage of $8,000 on the land in the East Half of Section 15, and if the said loan on the land at the time of my death, it is my intention that the lands herein bequeathed to my said daughter, Myrtle Stranathan, either in fee simple or as a life estate, shall be subject to and liable for the payment of the said $8,000 mortgage. And if said loan has not been refunded and placed on the said land herein bequeathed to my said daughter, then I direct that my said daughter shall pay to my executors an annual rental on all of said land which will be sufficient to take care of the interest and taxes and to extinguish the said indebtedness of $8,000 within a reasonable time.

Ninth: I still have undisposed of the North 120 acres of the Northwest Quarter of Section 22, Township 73, Range 42, and it is my intention to sell this real estate, and it now is carrying the loan referred to in the last preceding paragraph. And if said loan is not paid off or refunded before my death, then I direct that the said Myrtle Stranathan shall pay my executors the rents referred to in the foregoing paragraph for the purpose of extinguishing the indebtedness on the land described herein.

Tenth: I also direct that in the event I have not sold the North 120 acres of the Northwest Quarter of Section 22, Township 73, Range 42, that my executors sell the same and from the proceeds thereof I direct that my executors shall pay my daughter, Anna Catterlin, the sum of $2,000. It was my intention to have given the said Anna Catterlin more money that that but as she and her husband has lived on some of my land and he has refused to pay me the rent due me and to pay me the notes owed to me I feel that I should only make a bequest of $2,000 in cash to her.

Eleventh: I further direct that my said executors shall hold in trust for the use and benefit of my grand-daughter, Jenet Mason, the sum of $1,000 derived from the sale of the proceeds of this farm, and it is my intention that if I have sold the said land before my death and have the personal property with which to pay it, that the last two bequests of money to Anna Catterlin and Jenet Mason shall be paid to them out of my personal property.

Twelvth: I hereby direct that all the rest, residue and remainder of my property, whether real, personal or mixed shall be divided equally between my sons, Harry Anderson, I. D. Anderson and my daughter Myrtle Stranathan.

Thirteenth: I hereby nominate and appoint as executors of this my last will and testament, my son, Harry Anderson and C. T. Genung, of Glenwood, Iowa, and if either fail, refuse or for any reason cannot qualify as executor of said estate, then the other one shall act as sole executor.

Fourteenth: I have given to this disposition of my property much thought and I am convinced that I have made a fair and impartial disposition of the same to my children and I want to protect the interest of my grand-daughter, Jenet Mason and it is my intention that her father shall never benefit from my estate, and I hereby direct that if the said Jenet Mason should die without lawful issue, then and in that event, I direct that the portion of said property going to Jenet Mason, either real or personal, shall go to her half brothers and sisters, the children of my daughter, Myrtle Stranathan, share and share alike.

Fifteenth: It is my intention that my executors herein named shall in the event that I have not disposed of the North 12- acres of the Northwest Quarter of Section 22, Township 73, Range 42, use their own judgment in the sale of said land. My intention is that the money derived from the rents and profits from the land bequeathed to my daughter, Myrtle Stranathan, shall extinguish and pay off the $8,000 debt on the land described in this paragraph. My intention now is however, to refund that loan and place a mortgage on the land in the East Half of Section 15, given to my daughter, Myrtle Stranathan, and my intention is that both my daughter, Myrtle Stranathan and my son I. D. Anderson shall pay to my executors sufficient funds to pay off the said mortgage referred to in this will.

Sixteenth: I further direct and authorize my executors hereinbefore named and create in them the power and authority to mortgage any of said land, the fee title which eventually goes to my grandchildren, the children of Myrtle Stranathan and I. D. Anderson for the purpose of refunding the mortgages outstanding on their lands as hereinbefore referred to.

Dated this 13th day of July 1916. Signed Hattie Anderson

Witnesses:
G. A. Spelbring
M. Kehoe