Last Will of HIRAM McCOY 1861

MCCOY, LOTSPIECH, WINDERS, MCCUNE, BLAIR, PADEN

Posted By: Mary E. Lanigan (email)
Date: 9/18/2003 at 15:10:52

Probate: Wapello County Wills Volume 1 (Hiram McCOY) pg. 82
1865-1900

In the name of God Amen, I Hiram McCoy of the county of Wapello and State being of feeble health, but of sound mind and memory for which I feel thankful to the giver of all good and having a desire to dispose of my temporal affairs while living; do make this my last will and testement; hereby revolking all former Wills and Testements by me made, and hereby declaring them all null and void.

Item 1 - I will that first my funeral expenses and expenses of my last sickness be paid, and that all my just debts and legal liabilities be paid.

Item 2 - I will and bequeath unto Ashford Mccoy, Willam McCoy, Huldah Blair; formerly Huldah McCoy, Hiram McCoy, and to Minerva McCoy, that of my estate; that they be paid the sum of thirty-three dollars with six percentum interest per annum added therefore; from the date of the marriage of Minerva Paden; formerly Minerva McCoy, until the same to be paid by my executor; that of said money Elmira McCoy for said the one half of an equal share shall be paid to her, and the balance in equal amounts to the above legatees; provided that should the said Elmira Paden die before receiving her share, this the whole of said bequest to be devided between the above named legatees and none others.

Third item - I will and bequeath all my estate both real and personal unto my children; begotten by me of both my first and second wives, and that my estate be equally divided amongst them all except as follows; at the marriage of my three oldest daughters to Huldah Blair, Minerva Paden, and Susan Martin; I advanced to each fifty dollars which said sum must be accounted to them as a part of their share, and deducted from their share of the said estate; further that Elmira Paden,the heir of Minerva Paden; she draw only half in amount of the other heirs of my estate, and also further; that my sons John McCoy and Aaron McCoy purchased at my public venue property to with John McCoy; one horse, Aaron McCoy; one mare and they both jointly ; one wagon, which is not paid off, and which said property the price of which on the list sales; is to be deducted out of their respective shares adding there to ten percentum per annum-interest from the 25th day of December 1860 until the date of my death, also; some accounts due me from both John and Aaron McCoy as my book account will show; which is also deducted from their shares; respectively without interest being added. With these foregoing exceptions an equal division is to be made among all my children for said.

Fourth item - It is my will that should any one or more of my heirs refuse to receive the share herein before alloted to them , but attempt to set aside this will to obtain other or greater shares; that the said heirs be debared from the taking of any share of my estate whatever, but that the share or shares they would have received shall be divided between the other heirs thus; receiving the same.

Fifth item - I hereby appoint Ashford McCoy and Alfred Lotspiech my exectors to execute this ,my last will and testement, and request that Alfred Lotspeich take charge of this my last will.

In testemony wherefore; I Hiram McCoy on this fifth day of September 1861 have, and do sign ,and seal this my last will and testement at my residence in Wapello County state of Iowa; first having called witnesses to the same; Lafayette Winders, J.W. McCune, and Alfred Lotspeich; the said will being first read over to me and understood and approved by me.
Hiram McCoy (his X mark)