WILL OF PETER WINTER SR. - 1903

WINTER, KELLEY

Posted By: Kathy Baker (email)
Date: 11/8/2001 at 12:41:23

WILL OF PETER WINTER SR.

I PETER WINTER of Wapello County, State of Iowa do hereby make and publish this my last will and testement intending thereby to dispose of all the worldly estate of which I shall be possessed at the time of my decease. I hereby revoking all former wills by me at any time made.
1st. I direct that all my just debts including funeral expenses and expenses of administration be paid by my executives here inafter named.
2nd I have already deeded to my daughter MARY WINTER the West half of the South east quarter except two acres thereof previously deeded to the Chicago Ft. Madison & Des Moines Railroad Co., also the West 6 acres off of the North east quarter of the south east quarter all of section 2. 1 township 72 North of Range 13 west of the 5" P.M. in Wapello County, Iowa. I reserving the rents and Profits therefrom during my life. I now will and devise the same to my said daughter MARY WINTER and confirm her title there to.
3. I have already deeded to my daughter ROSA WINTER the sough half of the South west quarter of Section 12, also the North half of the South east quarter of the South east quarter of Section 11, all in Township 71 North of Range 13 West of the 5" P.M. in Wapello County, Iowa. I reserving the rents and profits therefrom during my life. I now will and devise the same to my said daughter ROSA WINTER and confrim her right and title thereto.
4. I will and devise to my son NICHOLAS WINTER the east half of the South west quarter except about 10 acres off of the West part of the South half of said East half of said South west quarter owned by one Bissell and in Section 21 Township 72 North of Range 13 West of the 5" P.M. in Wapello County, Iowa.
5. I will and devise to my daugther KATE KELLEY formerly KATE WINTER all that parte of the East half of the South east quarter of Section 28 I now own and being about 51 acres which lays North of the track of the Chicago Burlington and Quincy Railroad track, also the south west quarter of the North east quarter of said Section 28 except about one half acre out of the North west corneer thereof deeded to the Chicago Ft. Madison and Des Moines Railway Co. all of the above being in Township 72 North of range 15 West of the 5" P.M.
6. I give and bequeath to each of my following named grandchildren and being the children of my son PETER WINTER JR. viz To MARY WINTER, To CECILIA WINTER, To JOSEPH WINTER, To FRANK WINTER, To NICHOLAS WINTER JR. To ROSA WINTER, To
ELIZABETH WINTER, and To REGINA WINTER one hundred Dollars that is one hundred Dollars to each of them, and provided however said one hundred Dollars to each of my above named grandchildren is to be paid them by my executrixes only at the end of one year after the probating of this my will.
7. As l years ago advanced to and for my son PETER WINTER JR, about three thousand Dollars I now will and bequeath to my said son PETER WILLIAM JR. Twenty Dollars ($20.00) and no more the same to be paid him within one year after the probation of this my will by my executrixes.
8. I will and devise all the rest and remainder of my estate real personal and mixed after satisfying the above and foregoing bequest and devises to my following named children: viz to NICHOLAS WINTER, KATE KELLEY formerly KATE WINTER, MARY WINTER, and ROSA WINTER to be divided among them equally share and share alike, provided however said devise or bequest shall not be paid by my executrixes to either of them to whom the same is coming till one year after the probating of this my will.
9. I futher order provide and direct that if either of my said legatees or devisees here is ever being an action against my estate of any kind whatever or if either of them bring an action to set aside this my will or in any mannor expese the probation of this my will then the one or ones so being an action against my estate or so bring an action to set aside this my will or so opposing this my will shall receive nothing under this my will and the bewuest of devise which would have gone to such one or ones shall be divided equally with and to the ones defending my estate and defending and protecting this my will or endeavoring to probate this my will. And my said son PETER WINTER JR.S bring an action against my estate or to set aside this my will or oppose the probating of this my will then and in that event neither of his children or herein above named shall receive anything under this my will but the lagacy or bequest in this my will given them shall go to my other legatees or devisees not assisting in such action and who defends my estate or such action to set aside my will and who assists in probating and establishing this my will.
10. I hereby appoint my daughters MARY WINTER and ROSA WINTER the exectrixes of this my will and I direct that they be appointed without bonds and that they act without bond. In testimony whereof I hereunto set my hand this 20" day of June 1903.

Peter Winter Sr.

Singed by the said testator PETER WINTER SR, as and for 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 attesting witnesses.
June 20 1903 W.W. Cory
J.C. Jordan.
F.W. Grube.

I PETER WINTER SR. of Wapello County of Iowa do hereby make and publish the following codicil of my will made and signed by me June 20 1903 in the presence W.W. Cory, J.C. Jordan and F.W. Guby and to which will this codicil is attached.

I hereby confirm and ratify said will in each and every part thereof except paragraph 5" thereof which paragraph 5" of said will I hereby annul modify and substitue the following therefor viz

Since making my said will I have deeded to my said daughter KATE KELLEY formerly KATE WINTER all that part of the east half of the South east quarter of Section 28 Township 72 North of Range 13 West of the 5" P.M. and being about 51 acres which lays North of the track of the Chicago Burlington and Quincy Railroad track, which deed I ratify, and conferm her title to said land above described as in the said deed expressed. I also will and devise to my said daugher KATE KELLEY formeerly KATE WINTER the East thirty acres off of the South west quarter of the North east quarter of said section 28 Township 72 N. of range 13 West of the 5 P.M. But the West 10 acres of said South west quarter of the North east quarter of Section 28 Township 72 north of Range 13 West of the 5" P.M. I will and divise to my said son NICHOLAS WINTER in addition to what I gave him in my said will to which this is a codicil.

In testimony whereof I have hereunto set my hand this 13 day of March 1907.

Peter Winter Sr.

Signed by said testator PETER WINTER SR. as and for the 1st codicil of his will made and executed June 20 1903 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 attesting witnesses.
W.W. Coy
(Mrs.) Mary Ruckman
(Mrs.) Minnie J. Parks.