Probate Records


Cherokee County Will Records

LAST WILL AND TESTAMENT OF HENRY OTTO
I, Henry Otto, of Diamond Township, Cherokee County, Iowa do make this my last Will and Testament, hereby revoking all former wills by me at any time made. I give devise and bequeath all my property, real and personal, which I own at the time of my death, as follows, that is to say: Part 1. To my beloved wife, Katherina Otto, if she survives me, I give to be her own absolutely, all personal property which may at the time of my death be in use in connection with my home, whether used for purposes of utility, convenience, pleasure or ornament, including all household goods, fixtures and furnishings, and all household supplies. I also give to my said wife, during the period of her natural life, the use and income from all my other personal property and the use and income from any real estate which I may own at the time of my death. But in case my said wife should remarry after my death, I direct my executor to sell all real estate and personal property belonging to my estate and to pay to my said wife one third of the proceeds thereof. The portion here given to my said wife is in lieu of all rights and interests which she would have in my estate in the absence of a will. Part 2. Upon the death of my said wife, or her remarriage, I direct that the sum of Five thousand dollars ($5000.00) be raised and placed in trust for my grandchildren, Edgar Fahr, Opal Fahr, Floyd Fahr, Leona Fahr, Everett Fahr, and Glenn Fahr, which said sum shall be divided equally among them and paid to them upon the youngest having come of age. If either one shall have died, his or her share shall be devided equally among those remaining. Part 3. I further direct that the residue of my estate not hereinbefore disposed of, and upon the death of my said wife or her remarriage, including any and all real estate and after all just and lawful claims against my estate shall have been paid, shall be devided equally among my children: John D. Otto; Henry Otto; Clara Otto Specketer; Bertha Otto Wehking; Lillia Otto Juergens; Lawrence Otto; William Otto; Elmer Otto; Adolph Otto; Edna Otto; Arthur Otto; Ella Otto; Bernhard Otto; Carl Otto; Clifford Otto; but my son Henry H. Otto has received Eight thousand dollars and my son William Otto have received One thousand dollars, which said amounts are to be figured in with the total amount of my estate, and such specific amounts to be considered as part of the share of each one receiving same, no interest shall be charged on such sums received in advance. If I during my life time or my estate shall have to take the land back sold to my son Henry H. Otto, the said Eight thousand dollars above mentioned as being received by him to be cancelled as an obligation to me or my estate. If any one of them shall have died leaving issue his or her share shall go to such issue, but if any shall have died without issue his or her share shall be divided equally among these who survive. And if any one of them should protest this will, his or her share shall be void and go to those remaining. Part 4. I hereby nominate and appoint my brother, Claus Otto, of Buena Vista County, Iowa to be the executor of this my last will and testament In witness whereof, I have to this my last will and testament, consisting of one sheet of paper, subscribed my name this 7th day of May 1923. (signed) Henry Otto We hereby certify that on this 7th day of May 1923, at Aurelia, Iowa, Henry Otto, to us personally known, did, in our presence, sign the foregoing instrument and declare the same to be his last will and testament; and we at his request and in his presence and in the presence of each other, do hereunto subscribe our names as witnesses thereto. (signed) W. H. Bischel E. S. Kiernan In testimony whereof I have hereunto set my hand affixed the seal of said Court at my office in Cherokee in said County, on this 10th day of November, A. D. 1924. (SEAL) F. J. Carpenter, Clerk District Court, Cherokee County, Iowa. By Litta Carpenter, Deputy. The annexed will and this certificate recorded in Will Record, Book No. 5 Pages 128 and 129. Produced, opened, publicly read and Filed Oct. 10, 1924. F. J. Carpenter, Clerk District Court. AFFIDAVIT OF DECEASE STATE OF IOWA, CHEROKEE COUNTY I, Dr. E. G. Bates, do solemnly swear that I was acquainted with Henry Otto during his life time, and that he departed this life at his home in Diamond Township, Cherokee County, Iowa in the State of Iowa, on the 7th day of October A. D. 1924. (signed) E. G. Bates M. D. Subscribed in my presence by the said Dr. E. G. Bates and by him sworn to before me this 8th. day of October A. D. 1924. (Notarial Seal) W. H. Bischel Notary Public in and for Cherokee County, Iowa. Filed this 10th day of Oct. 1924. F. J. Carpenter, Clerk.

LAST WILL AND TESTAMENT OF HENRY OTTO

I, Henry Otto, of Diamond Township, Cherokee County, Iowa do make this my last Will and Testament, hereby revoking all former wills by me at any time made. I give devise and bequeath all my property, real and personal, which I own at the time of my death, as follows, that is to say:

Part 1. To my beloved wife, Katherina Otto, if she survives me, I give to be her own absolutely, all personal property which may at the time of my death be in use in connection with my home, whether used for purposes of utility, convenience, pleasure or ornament, including all household goods, fixtures and furnishings, and all household supplies. I also give to my said wife, during the period of her natural life, the use and income from all my other personal property and the use and income from any real estate which I may own at the time of my death. But in case my said wife should remarry after my death, I direct my executor to sell all real estate and personal property belonging to my estate and to pay to my said wife one third of the proceeds thereof. The portion here given to my said wife is in lieu of all rights and interests which she would have in my estate in the absence of a will.

Part 2. Upon the death of my said wife, or her remarriage, I direct that the sum of Five thousand dollars ($5000.00) be raised and placed in trust for my grandchildren, Edgar Fahr, Opal Fahr, Floyd Fahr, Leona Fahr, Everett Fahr, and Glenn Fahr, which said sum shall be divided equally among them and paid to them upon the youngest having come of age. If either one shall have died, his or her share shall be devided equally among those remaining.

Part 3. I further direct that the residue of my estate not hereinbefore disposed of, and upon the death of my said wife or her remarriage, including any and all real estate and after all just and lawful claims against my estate shall have been paid, shall be devided equally among my children: John D. Otto; Henry Otto; Clara Otto Specketer; Bertha Otto Wehking; Lillia Otto Juergens; Lawrence Otto; William Otto; Elmer Otto; Adolph Otto; Edna Otto; Arthur Otto; Ella Otto; Bernhard Otto; Carl Otto; Clifford Otto; but my son Henry H. Otto has received Eight thousand dollars and my son William Otto have received One thousand dollars, which said amounts are to be figured in with the total amount of my estate, and such specific amounts to be considered as part of the share of each one receiving same, no interest shall be charged on such sums received in advance. If I during my life time or my estate shall have to take the land back sold to my son Henry H. Otto, the said Eight thousand dollars above mentioned as being received by him to be cancelled as an obligation to me or my estate. If any one of them shall have died leaving issue his or her share shall go to such issue, but if any shall have died without issue his or her share shall be divided equally among these who survive. And if any one of them should protest this will, his or her share shall be void and go to those remaining.

Part 4. I hereby nominate and appoint my brother, Claus Otto, of Buena Vista County, Iowa to be the executor of this my last will and testament In witness whereof, I have to this my last will and testament, consisting of one sheet of paper, subscribed my name this 7th day of May 1923.
(signed)
Henry Otto

We hereby certify that on this 7th day of May 1923, at Aurelia, Iowa, Henry Otto, to us personally known, did, in our presence, sign the foregoing instrument and declare the same to be his last will and testament; and we at his request and in his presence and in the presence of each other, do hereunto subscribe our names as witnesses thereto.
(signed)
W. H. Bischel
E. S. Kiernan

In testimony whereof I have hereunto set my hand affixed the seal of said Court at my office in Cherokee in said County, on this 10th day of November, A. D. 1924.
(SEAL)
F. J. Carpenter, Clerk District Court, Cherokee County, Iowa. By Litta Carpenter, Deputy.

The annexed will and this certificate recorded in Will Record, Book No. 5 Pages 128 and 129. Produced, opened, publicly read and Filed Oct. 10, 1924. F. J. Carpenter, Clerk District Court.

AFFIDAVIT OF DECEASE
STATE OF IOWA, CHEROKEE COUNTY

I, Dr. E. G. Bates, do solemnly swear that I was acquainted with Henry Otto during his life time, and that he departed this life at his home in Diamond Township, Cherokee County, Iowa in the State of Iowa, on the 7th day of October A. D. 1924.
(signed)
E. G. Bates M. D.

Subscribed in my presence by the said Dr. E. G. Bates and by him sworn to before me this 8th. day of October A. D. 1924.
(Notarial Seal)
W. H. Bischel
Notary Public in and for Cherokee County, Iowa.

Filed this 10th day of Oct. 1924.
F. J. Carpenter, Clerk.

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