TINDALL, Clara E. - will

TINDALL, VANAUSDALE, WHIPPLE

Posted By: Suzie Henderson (email)
Date: 2/22/2005 at 07:44:50

Will Record

Will of Clara E. Tindall, Deceased.

I, Clara E. Tindall, of the town of Emerson, in the County of Mills and State of Iowa, but temporarily residing in the City of Denver, County of Arapahoe and State of Colorado being of full age and of sound mind, memory and understanding, do make, publish and declare this my last Will and testament.

First: It is my will that my just debts, funeral expenses and all other charges be paid out of my personal property, or out of so much thereof as may be necessary to satisfy the same as my executor hereinafter mentioned may direct.

Second: I give and bequeath unto my husband John W. Tindall all the rest and residue of my said personal property of whatsoever kind or nature owned or possessed by me at the time of my death and remaining after the payment of my said debts and expenses as aforesaid.

Third: I hereby give and devise unto my said Husband. John W. Tindall all my right, title and interest both in law and in equity, as well in possession as in expectancy, of, in and to all that certain land and real estate situate, lying and being in said County of Mills and State of Iowa and described as follows, to wit: The South East quarter (SE1/4 ) of Section Twenty five (25) in Township Seventy two (72) North of Range Forty (40) West. And also the following described land and Real estate, situate, laying and being in the County of Montgomery in the State of Iowa, to wit: Twenty one (21) acres off of the South side of the North West quarter (NW 1/4) of the South West quarter (SW1/4) of Section Four (4) Township Seventy three (73) North of Range Thirty Nine (39) West.

All of said Real estate above mentioned being those certain lands set apart to me as one of the children and heirs of C. A Van Ausdale. deceased, by partition proceedings held in the District Court of said Mills County, Iowa wherein the decree of said Court, so setting apart and partitioning said lands was recorded on November A. D 1883.

Fourth: And I hereby give and devise unto my said husband, John W. Tindall, all the rest and residue of real estate, wheresoever the source may be situated and of whatsoever kind, which I may now own or which I may hereafter acquire or which I may own, possess or be entitled to at the time of my death; and it is my intention to give and devise hereby to my said husband that certain piece or parcel of land and real estate situate, lying and being in said Town of Emerson, County of Mills and State of Iowa and being a certain one and one third lot or parcel of land in said town with a certain four ?? dwelling houses situated thereon (a more specific or definite description thereof being to me unknown at this time.)

Fifth: It is my intention and Will that my said husband, John W. Tindall, shall have hold and possess the said Real estate herein before mentioned and all of it as if his own full absolute property and possession therein, with full and complete authority and power therein to sell, convey, mortgage or otherwise encumber the same or any portions thereof by deeds, Wills or otherwise and to hold and enjoy and use the profits or proceeds arising therefrom as to him may seem best.

Sixth: And it is my further intention, will and desire, that in the event of the death of my said husband leaving our only child, Emma May Tindall surviving him, and without his, my said husband’s, having made or left any will giving or devising said Real estate before mentioned, or any part thereof, then and in such event, I desire that she, our said daughter, Emma May, shall have and receive as her own full and absolute property so much of said Real estate before mentioned as my said husband shall or may own or possess at the time of his death and shall leave undisposed of by Will.

Seventh: I hereby constitute and appoint my said husband John W. Tindall the sole Executor of this my last Will and testament, and I hereby direct that my said Executor shall not be required to give bond for the performance of any trusts herein.

In Witness whereof, I have hereunto set my hand and seal on this 27th day of November A. D 1883 at said City of Denver, County, of Arapahoe and State of Colorado.

/s/ Clara E. Tindall

Signed, sealed, published and declared by the said Clara E. Tindall as and for her last will and testament in the presence of us who at her request in her presence and in the presence of each other have hereunto subscribed our names as attesting witnesses.

The words “and I hereby direct that my said Executor shall not be required to give bond for the performance of any trusts herein” interlined between lines 17&18 of 3rd page of foregoing will were made before the signing by said testatrix.

/s/ A. A Whipple of Denver, Colorado
/s/ C. L Whipple of Denver Colorado.

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 Clara E. Tindall of Mills County, Iowa, was presented, read and filed on the 26th day of Feby. 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 Clara E. Tindall and that letters testamentatary issue to the executor named therein in accordance with which John W. Tindall 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 7th day of May 1884.

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