ANDERSON, William H.

ANDERSON, FISHER, WOODHURST, WOODRUFF, TAWSLER, HEINSHEIMER, TOWSLEE, BUFFINGTON, SHAFFNER

Posted By: Jennifer Miller
Date: 12/9/2004 at 07:46:09

I, William H. Anderson of Glenwood Mills County, Iowa, do make this my Last Will and Testament. I give, devise and bequeath unto my Executors hereinafter named, in trust for my children, all the real estate and personal property of which I shall die seized and posssessed at my death. I order and direct my Executors, as soon after the probate of my will as practicable to have all my said property appraised, wheresoever it may be, excepting my home place, consisting of lots four, five, six, seven, eight and south half of nine in block Seventy three, in the city of Glenwood, Iowa and the contents of the house and farm situated thereon. At this time my real estate is situated in Case County, Nebraska, Mills County, Iowa, and Butler County, Kansas.; I direct that my debts and funeral expenses shall first be paid and a suitable monument erected at my grave.

During the minority of any of my children, I direct and empower my Executors to have a general supervision over them, to care for them, and to look after their support, maintenance and schooling. For this purpose I authorize and direct my executors, out of my estate, to appropriate and use and pay out a sum not to exceed Six hundred dollars a year for each minor child. These sums, or so much thereof as may be needed, shall be paid for said minor’s benefit to equalize like expenditures for my children who shall reach their majority before my death, and such sums shall be in addition to other sums to be paid them as hereinafter set forth.

I further authorize and direct my executors to keep all buildings in good repair, especially the home place, at the expense of my estate and to keep the home place aforesaid, as a home for my children, especially the minors. In case of my daughters of lawful age will remain at home and keep the minor children together, I authorize and direct my executors to treat and consider such eldest daughter remaining at home, as the head of the family, and to pay her twenty five dollars per month and her board for such services. If any of the children wish to remain at home after attaining majority, they can do so, by paying to my executors such sums for board and rent as may be deemed property by my executors. And I hope my children will all of them do all in their power to live happily and peaceable together and assist in making a home for the younger children, and keeping the family together. In case no head of the family remains at home, I authorize and direct my executors to use their best judgment and discretion and either hire a housekeeper as head of the family or otherwise dispose of and provide for the minor children as may seem to their best welfare. In case the home place should cease to be occupied by any of my children, I direct my executors to make such use and disposition of the said home place as they deem proper, pending sale when the children all come of age, as provided hereinafter. After the appraisement has been made, as above directed, I order and direct my executors to pay to each of my following children. Viz: Annie L. Fisher, Ella J. Anderson, James R. Anderson, Ada V. Anderson, John R. Anderson and Helen L. Anderson, as they severally attain majority, a sum of money equal to the one sixteenth of all my property, except said home place, figured and estimated, each time upon the value as ascertained and determined by the aforesaid appraisement, and when all my children reach majority I authorize and direct my executors to make another appraisement of all my property then remaining, of every kind and wherever being, including my said home place, and to then make a division of all my property as follows. First set apart a sum equal to the one sixteenth of the value of my property, according to the first appraisement for my daughter Bessie E. Woodhurst as hereinafter provided. Secondly, set apart a like sum for my son William H. Anderson, as hereinafter provided and then divide the residue and remainder of my property into eight parts and pay to each of my children, except Bessie E. Woodhurst and son William H. Anderson, one of said parts. In making any and all of payments provided for herein, I order and direct my executors to first exhaust the personal property and at the distribution above named, any of my children, except Bessie E. and William H. desire any portion of the real estate in place of its appraised value in money, I order and direct and authorize my executors to deed them real estate. I authorize, order and direct my executors to rent, repair, sell and convey all of my real estate and to do everything that I might do therewith without any court proceedings. After the first appraisement directed to be made I order and direct my executors to set apart the sum of ten thousand dollars, and invest the same and the income thereof pay annually to my son William H. Anderson, until he becomes thirty years of age, at which time if any of my children still survive as minors, they shall pay him a sum of money equal to the one sixteenth in value of my property as ascertained the first appraisement and when all my children come of age, if my said son William H is then thirty years of age he shall be paid the further eighth share of my property as ascertained by the last appraisement provided for, thus making the share of my said son equal to that of the other children, except Bessie E. Woodhurst. of my said son is not thirty years of age, when all my children attain their majority, then his share under the last distribution shall be kept for his use and benefit when he does attain the age of thirty years, when my executors shall pay it to him; and also his said one sixteenth of the first appraisement shall not be paid him till he is thirty years of age. I order and direct my executors to set apart the sum of ten thousand dollars after the first appraisement is made and invest the same and pay the annual income thereof to my daughter Bessie E. Woodhurst while she remains married to her present husband until all my children become of lawful age. If she remains married to her present husband, when all my children attain their majority I order and direct my said executor to increase said fund of ten thousand dollars till it shall equal the shares of each of my other children, as heretofore state and then my executors shall invest such increased fund and pay the annual income therefrom to my said daughter Bessie E. Woodhurst as long as she remains married to her present husband. If she becomes his widow or divorced from him before all my children gain their majority, then in either of such events such annual income shall cease and in place thereof, my executors shall pay a sum equal to the one sixteenth of the value of my property, as ascertained by the first appraisement, when all my children attain their majority then my executors shall pay her one of the eight equal portions of my property, as ascertained by the last appraisement as divided as hereinbefore explained, thus making her receive an equal portion with her brothers and sisters. In case my said daughter Bessie E. Woodhurst remains married to her present husband and dies either before or after all my children have reached their majority and leaves surviving her a child or children, then I order and direct my executors to pay to the legal guardian of such child or children what then remains of my said daughter’s portion as above stated, in the same manner and at the same time as such portion would have been paid to my said daughter if she had not died, provided however that said guardian must be some person not a blood relations of said minors. Otherwise, said portion shall be equally divided among my other children and such grand-children, if any shall receive nothing. In case my said daughter Bessie E. Woodhurst remains married to her present husband and dies leaving no child or children surviving her, then I direct my executors to pay her funeral expenses and expenses of last sickness and to erect a suitable monument at her grave and to divide the remainder of her portion, as heretofore stated, equally between my other children except Bessie E. In case any of my other children beside Bessie should die before final distribution, but after my death, then I direct my executors to substitute such child’s legal heirs in their place and pay them in place of such deceased child, except that nothing shall be paid to my daughter Bessie E. Woodhurst. To carry out the several trusts reposed in my executors I authorize and empower them to invest all my personal property, particularly money, either by keeping it in bank shares where it now is, or by leaving it on improved real estate. In case loans on real estate are made, I direct them to obtain the usual rates of interest and if they obtain any commissions, as usual in real estate loans, to retain such commission as their compensation for making such loans and I direct the proper Court to allow my said executors, beyond the compensation allowed by law, such sums as will compensate them, or any of them, for legal services, and any other services necessary and proper to be done and performed in carrying out fully the purposes of this will. I further expressly direct that the three executors named herein may act throughout without giving any bond, as executors or co-trustees or when they sell any real estate and in case of the death or inability of any one of said executors, then the other two may act with all the powers the tree would have. In case, however, any two of my executors die or are unable to act. I then direct that the proper Court shall appoint Administrators to fill all vacancies and that such Administrators shall give proper bond, as provided by law. I hereby expressly confer upon any and all such Administrators all the powers and direct that they have the same rights that are by me confirmed on the three executors named herein, as fully and as completely as though such Administrators were also named herein. I hereby appoint and name E. B. Woodruff, of Glenwood, Ia, Wm. A. Fisher, who is my son-in-law, and A. C. Sabin of Glenwood, IA. the three executors of this my Last Will and Testament, and revoke any and all other wills which I may have made. In case any of my children should make any effort or attempt or institute any proceedings to prevent the probate of this will or the carrying out of his provisions, or any of them, I order and direct my executors or Administrators to divide the portion of such child or children equally between my other children in the same manner and upon the same condition as provided for their own shares, and in addition to such shares, except that nothing hereunder shall be paid to my daughter Bessie E. The above will, consisting of nine pages of legal cap paper, including the interlineation “except Bessie E,” near the bottom of page 7, and the addition to the first line at the top of page 5, being the words “except that nothing shall be paid to my daughter Bessie E. Woodhurst” are signed by me this ninth day of October 1890 in presence of C. H. Tawsler and D. L. Heinsheimer.

Wm. H. Anderson

The above named William H. Anderson signed the above instrument and writing in our presence. He stated that the same was his Last Will and Testament and at his request we sign our names as subscribing witnesses in his presence and in the presence of each other this ninth day of October, 1890.

D. L. Heinsheimer

C. H. Towslee

Codicil

I, William H. Anderson, of Mills County, Iowa confirming all the provisions of my foregoing Will hereby make this my codicil to said Will as follows. I give, devise and bequeath until the executors named in the foregoing Will, and to their successors, the proceeds from any and all Life Insurance policies upon my life, to be by them inventoried among the other assets of my estate and disposed of as stated in my said Will, about the assets of my entire estate. I, also, in addition to the directions stated in my said Will, authorize and direct my said executors and their successors, to contribute and pay out of my estate, annually, the sum of one hundred and fifty dollars as salary to the pastor of the St. Johns Episcopal Church of Glenwood, Iowa during the continuance of the final settlement of my estate, if, in the judgment of my said executors the condition of my estate justifies such a burden. Dated this 9th day of May, 1891.

W. H. Anderson

Witness:

B. F. Buffington
Carl Shaffner

[Transcriber’s Note: The preceding document refers to 9 pages of the will, but only 4 pages remain here and it is difficult to determine wherein the gap lies.]