VANAUSDALE, Emily B. - will

FANSHEN, MOORE, TINDALL, VANAUSDALE

Posted By: Suzie Henderson (email)
Date: 2/22/2005 at 07:40:56

Will of Emily B. VanAusdale, Deceased.

This is the last will and testament of me, Emily B. VanAusdale, Widow of Chas. A. VanAusdale late of Mills County, Iowa, made this 27th day of February 1884.

First: To my Son William E. I devise and bequeath the homestead embracing Lots 468, the South half of Lot 467 in the Town [of] Emerson. Also the South half of the following described tract, to wit: Commencing at the North West corner of the E1/2 of the NE 1/4 of Section 26 Twp. 72 N of Range 40 West and running from thence South 32 rods and 6 links. Thence East 14o N. thirty rods and two links; thence North 25 rods and 12 1/2 links thence west 29 rods and six links to the place of beginning.

And also the North half of the South East quarter of said section 26 except a tract two rods wide off the North end of the East ten acres thereof. And also Nineteen acres off the North side of the N W 1/4 of the S.W 1/4 of section Four. (4) Twp. 73 N. of R. 39 W. in Montgomery County, Iowa.

Second: To my son Arthur A. I devise and bequeath the following real estate to wit: Fifty three & 1/3 acres off of the East side of the S. W 1/4 of Section Five (5) and Fifty three & 1/3 acres off of the West side of the South East qr. of said section Five (5) Twp. 73 R 39 in Montgomery Co.

Third: To my Daughter Ada B. I give devise and bequeath One hundred six & 2/3 acres off the East side of the South East quarter of said section Five (5) aforesaid, And I direct and request of the Guardian of my said Daughter that liberal use of the increases of Ada’s estate be used for her education.

Fourth: I do further devise and bequeath to my Son William E. in Trust and to be used and dispersed of him as follows: The West One hundred six and 2/3 acres of the SW 1/4 of Sec. 5 aforesaid in Montgomery County, Iowa. If, during the minority of my infant Grand Daughter Emma May Tindall, the Father of said child should become unable or unwilling to properly provide for her support and education, then said Trustee shall contribute the rents and profits of the said land for such support and education. And if said Emma May should survive and become the mother of a living child then the said land shall be conveyed to her by said Trustee to be hers absolutely. The possession and use of said land to be accorded to said Emma May during her life time from the time she becomes 21 years of age or from the time of her marriage.

But in case of Emma May’s decease before becoming the absolute owner of said land as above provided, then I devise and direct that the same shall belong absolutely and in equal portions to said Trustee and his Brother Arthur A. and Ada B. or their issue.

Fifth: All the rest, residue and remainder of my property of which I may die seized, possessed or in any manner entitled, I give, devise and bequeath unto my sons, William E. and Arthur A. and my Daughter Ada B. and their issue in equal proportions.

Sixth: I name as Executor of this my will my said Eldest son William E. and request that he be not required to give Bond as such.

Added: Having bequeathed to my son William E. the Homestead property, I desire and do burden such gift or devise with the obligation on said William’s part to permit his Brother Arthur A. and his sister Ada B. to have common use thereof with him as a home while they severally remain unmarried.

/s/ Emily B. VanAusdale

Subscribed in our presence by the said Emily B. VanAusdale as and for her last will and testament and we at her request and in her presence do hereunto subscribe our names as attesting witnesses thereunto at Emerson, Mills County, Iowa, Feby 27, 1884.

/s/ L. B. Moore Residence, Denver Colorado
/s/ Philip Fanshen Residence, Emerson, Iowa

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

I, J. E. Robinson, Clerk of the District Court, hereby certify that an instrument purporting to be the last Will and Testament of Emily B. VanAusdale of Mills County, Iowa, was presented, read and filed on the First day of August 1884; that notice was published for its probate in the Emerson Chronicle, 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 Emily B. VanAusdale and that letters testamentatary issue to the executor named therein in accordance with which Wm. E. VanAusdale Executor named in said will, were appointed to carry out its provisions into effect.

IN WITNESS WHEREOF, I have attached the seal of this Court and subscribed my name this 9th day of December 1884.

/s/ J. E. Robinson, Clerk of District Court.