Will of John Topping, 1901

TOPPING, YOST , NORRIS

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Date: 1/21/2024 at 01:47:49

I, John Topping, of the town of Birmingham, in Van Buren county, Iowa, being now well advanced in years but of sound mind and perfect memory, do hereby make, declare and publish this my last will and testament, in manner and form following, that is to say:

First: It is my will and desire that after my decease all my just debts, including expenses of my funeral and last sickness be first paid and that a suitable memorial slab or monument be erected over my last resting place.

Second: I will, devise and bequeath unto my beloved wife, Margaret Topping, the undivided 1/3 of all my real estate, wheresoever situated, and also the undivided one-third of all my personal estate, whatsoever. To have and to hold unto her, the said Margaret Topping, forever, as her full dower, interest and distributive share in, of and to my entire estate, both personal and real.

Third: I will and devise unto my son, Robert J. Topping, the sum of one hundred dollars.

Fourth: I will and bequeath unto my son Homer R. Topping, the sum of one dollar, only, for reasons as well known to him as to myself.

Fifth I devise, will and bequeath all the rest, residue and remainder of my estate, both personal and real, unto my children, Robert J. Topping, John W. Topping, Hugh A. Topping, Samuel F. Topping, Mary E. Topping and Catharine A. Yost, to be equally divided between them, share and share alike, except that from the share of my son, John W. Topping, there shall be deducted the amount remaining unpaid, if any, on a certain promissory note executed to me by him for the sum of eighteen hundred and ninety four dollars and forty cents, and bearing date November 1, 1900.

Sixth: In case any of my aforesaid children dying without issue, prior to my decease, then the interest to go to such deceased child or children, respectively, under the foregoing terms, shall pass to my said children who may survive, to be equally divided between them, share and share alike.

Seventh: I hereby revoke and cancel all former wills by me made and do hereby appoint my son Robert J. Topping, as sole executor of this my last will and testament, and exempt him from giving bond in the premises.

In witness whereof, I have hereunto set my hand on this 11th day of March, 1901.

(signed) John Topping.

Signed and declared by the above named, John Topping, to be his last will and testament, in the presence of us, who at his request, and in his presence, and in the presence of each other, have subscribed our names as witnesses thereto on this 11th day of March, 1901.

Jay C. Norris, of Birmingham, Iowa.
W. Pitt Norris, of Birmingham, Iowa.

[noted: entered into probate April 20th, 1904]

Source: Van Buren Co. Will Record, Vol. E-F, 1899-1922