BANISTER, James

BANISTER, PERDUE, FOULKS, LEWIS

Posted By: Roseanna Zehner
Date: 4/15/2005 at 06:45:56

James Banister

To whom all these presents shall come greeting; Know ye that I James Banister a resident of Silver Creek Township, Mills County and state of Iowa, being of sound mind memory and desecration knowing the certainty of death, and the uncertainty of his frail and transitory life, do make publish and declare this to be my last will and testament. That is to say, first I desire and will that after my death, and the payment of my debts and obligations including the expenses of my last sickness, and a decent and respectable burial for myself. I dispose of, and will my real and personal property wherever situated and located as follows:

To my wife, Jane Banister, I give and will the entire use and control with the proceeds therefrom during the balance of her natural life of the following described real estate to-wit: The northwest quarter of the northwest quarter of section No. Eight in Township No. Seventy two, range No. Forty one in Silver Creek Township, Mills County, Iowa, and upon the death and burial of my said wife, I desire and will that my said real and personal property shall be disposed of to my children as follows:

To my daughter Eliza Perdue, I give will and bequeath to her the sum of two hundred dollars, out of the proceeds that may be realized out of the sale or distribution of any property that I may then own. This sum to be first taken out of the proceeds thereof before a division of the same is made as hereinafter specified after the payment to my daughter Eliza Perdue, the said sum of two hundred dollars. I give will and bequeath the rest and residue of all my real and personal property then remaining undisposed of to the rest of my children then living share and share alike, hereby revoking and canceling all former wills by me made witness my hand this 10th day of January A.D. 1890
Signed James Banister

We, J.W. Foulks and W.S. Lewis do hereby certify that we each were present at the time James Banister signed his name to the foregoing will, and we each at his request and in his presence, and in the presence of each other have signed our names thereto as witnesses for him, and that the said James Banister acknowledged and stated to each of us, that said instrument was his last will and testament, and we each have written opposite our names and our respective places of residence.
Signed:
J.W. Foulks Malvern, IA.
W.S. Lewis Malvern, IA.