Probate Records


Cherokee County Will Records

LAST WILL AND TESTAMENT OF JAMES O'DONNELL
Know all men by these presents, that I, James O'Donnell (widower) of the City of Cherokee, County of Cherokee and State of Iowa, do hereby made, declare and publish this instrument of writing, as and for my last will and testament, as follows, to wit: First. I give, devise and bequeath unto my namesake James Donnell McLachlan and the nephew of my deceased wife Alice, the sum of Five Hundred Dollars, and I also give, devise and bequeath unto William Hall McLachlan, the nephew of my deceased wife Alice, the sum of Two Hundred and Fifty Dollars, and each to be exclusive of the inheritance tax, and unto them and their heirs and assigns forever. Second. I give, devise and bequeath unto Christina Peterson, the sum of Six Hundred Dollars; unto Sena C. Nelson, the sum of Two Hundred Dollars, and unto Mrs. Charlotte Stace, the sum of Two Hundred Dollars, each to be exclusive of the inheritance tax, and unto them, their heirs and assigns forever, they being the good and loving friends who so lovingly assisted to care for my precious darling wife in her lifetime and especially in her last sickness. Third. I give, devise and bequeath unto my half brother Daniel W. McNeal, Lots two, three and four, in Block ten, New Cherokee, Iowa, with all my office fixtures, office furniture, law books and safe contained therein and also the sum of One Thousand Dollars in Cash, and unto him, his heirs and assigns forever. Fourth. I give, devise and bequeath unto my half sister Mary L. McNeal all the residue and remainder of my property, both real and personal, and unto her heirs and assigns forever, and she to pay the inheritance tax on legacies bequeathed in the first and second clauses of this will erect a monument to the graves of myself and my beloved wife, to cost not less than Five Hundred Dollars and also to give to James Donnell McLachlan and William Hall McLachlan, each a painting to be selected by their mother or father, that my wife Alice painted in her lifetime. Fifth. I hereby appoint and constitute my sister Mary L. McNeal, as the sole executrix of this my last will and testament and direct that she shall not be required to give or execute any bond of any kind, in order to qualify as such executrix, the same being hereby expressly waived. In testimony whereof, I have hereunto subscribed my name at Cherokee, Iowa, this 4th day of May A. D. 1899. (signed) James O'Donnell The above and foregoing instrument of writing was on the date thereof signed by the said James O'Donnell in our presence and who declared to us that he signed the same as and for his last Will and Testament, and at his request and in his presence and the presence of each other, we have subscribed our names hereto as witnesses hereof. (signed) W. B. Chick J. A. Chapman * * * * * * * * * STATE OF IOWA, Cherokee County I, D. W. McNeal, Clerk of the District Court of the State of Iowa, in and for the said County, do hereby certify that the foregoing will of James O'Donnell, deceased, was on the 22nd day of October 1900, duly proved and admitted to probate and record in said Court in accordance with law. In testimony whereof, I have hereunto set my hand and affixed the seal of said Court at my office in Cherokee in said County, on this 22nd day of October A. D.1900. (seal) D. W. McNeal, Clerk District Court. _____________________________ AFFIDAVIT OF DECEASE STATE OF IOWA, Cherokee County. I, Clara W. McNeal, do solemnly swear that I was acquainted with James O'Donnell during his lifetime, and that he departed this life at Cherokee, Cherokee County, in the State of Iowa on the 26th day of August A. D. 1900. (signed) Clara W. McNeal Subscribed in my presence by the said Clara W. McNeal and by her sworn to before me. D. W. McNeal, Clerk District Court

LAST WILL AND TESTAMENT OF JAMES O'DONNELL

Know all men by these presents, that I, James O'Donnell (widower) of the City of Cherokee, County of Cherokee and State of Iowa, do hereby made, declare and publish this instrument of writing, as and for my last will and testament, as follows, to wit:

First. I give, devise and bequeath unto my namesake James Donnell McLachlan and the nephew of my deceased wife Alice, the sum of Five Hundred Dollars, and I also give, devise and bequeath unto William Hall McLachlan, the nephew of my deceased wife Alice, the sum of Two Hundred and Fifty Dollars, and each to be exclusive of the inheritance tax, and unto them and their heirs and assigns forever.

Second. I give, devise and bequeath unto Christina Peterson, the sum of Six Hundred Dollars; unto Sena C. Nelson, the sum of Two Hundred Dollars, and unto Mrs. Charlotte Stace, the sum of Two Hundred Dollars, each to be exclusive of the inheritance tax, and unto them, their heirs and assigns forever, they being the good and loving friends who so lovingly assisted to care for my precious darling wife in her lifetime and especially in her last sickness.

Third. I give, devise and bequeath unto my half brother Daniel W. McNeal, Lots two, three and four, in Block ten, New Cherokee, Iowa, with all my office fixtures, office furniture, law books and safe contained therein and also the sum of One Thousand Dollars in Cash, and unto him, his heirs and assigns forever.

Fourth. I give, devise and bequeath unto my half sister Mary L. McNeal all the residue and remainder of my property, both real and personal, and unto her heirs and assigns forever, and she to pay the inheritance tax on legacies bequeathed in the first and second clauses of this will erect a monument to the graves of myself and my beloved wife, to cost not less than Five Hundred Dollars and also to give to James Donnell McLachlan and William Hall McLachlan, each a painting to be selected by their mother or father, that my wife Alice painted in her lifetime.

Fifth. I hereby appoint and constitute my sister Mary L. McNeal, as the sole executrix of this my last will and testament and direct that she shall not be required to give or execute any bond of any kind, in order to qualify as such executrix, the same being hereby expressly waived. In testimony whereof, I have hereunto subscribed my name at Cherokee, Iowa, this 4th day of May A. D. 1899.
(signed)
James O'Donnell

The above and foregoing instrument of writing was on the date thereof signed by the said James O'Donnell in our presence and who declared to us that he signed the same as and for his last Will and Testament, and at his request and in his presence and the presence of each other, we have subscribed our names hereto as witnesses hereof.
(signed)
W. B. Chick
J. A. Chapman

* * * * * * * * *

STATE OF IOWA, Cherokee County

I, D. W. McNeal, Clerk of the District Court of the State of Iowa, in and for the said County, do hereby certify that the foregoing will of James O'Donnell, deceased, was on the 22nd day of October 1900, duly proved and admitted to probate and record in said Court in accordance with law.

In testimony whereof, I have hereunto set my hand and affixed the seal of said Court at my office in Cherokee in said County, on this 22nd day of October A. D.1900.
(seal)

D. W. McNeal, Clerk District Court.
_____________________________
AFFIDAVIT OF DECEASE
STATE OF IOWA, Cherokee County.

I, Clara W. McNeal, do solemnly swear that I was acquainted with James O'Donnell during his lifetime, and that he departed this life at Cherokee, Cherokee County, in the State of Iowa on the 26th day of August A. D. 1900.
(signed)
Clara W. McNeal

Subscribed in my presence by the said Clara W. McNeal and by her sworn to before me.

D. W. McNeal, Clerk District Court

Source: (Cherokee Co. Probate Files, Will Records, Vol 1-4, 1871-1916)