Probate Records


Cherokee County Will Records

LAST WILL AND TESTAMENT OF NELSON W. SMITH
Know all men by these presents: That I, Nelson W. Smith, a resident of Larrabee, in Cherokee County, Iowa, being of lawful age, sound mind and memory do make, publish and declare this instrument to be my last will and testament, hereby revoking every and all wills by me at any time heretofore made. Item 1. I direct that at the happening of my death, all my just debts shall be first paid out of my estate. Item 2. To my son in law, E. L. Ballou, I give, and bequeath the sum of Fifty Dollars, the same to be paid out of my estate after the payment of the debts. Item 3. All the rest, residue and reminder of my property of whatever kind, and where ever situated I give and bequeath in the following manner: one fourth to my daughter Susan M. Raymond, one fourth to my son Ben F. Smith, one fourth to my daughter Mary F. Farnham, one fourth to be divided share and share alike between the children of my deceased daughter Minerva L. Ballou; said children being Ben E. Ballou, Ellis L. Ballou, Herbert E. Ballou, Maud M. Ballou and Minnetta V. Ballou, my said property to go to my said children and grandchildren as I have by this instrument directed and unto their heirs forever. Item 4. I nominate and appoint Henry C. Eddy as the executor of this my last will and direct that he be permitted to qualify as such without giving bonds. (signed) Nelson W. Smith Dated at Larrabee, Iowa, December 24, 1903. Witnesses: R. H. Gray, Larrabee Town. F. A. Gray, Larrabee Town On this the twenty fourth day of December 1903, the foregoing instrument was signed in our presence by Nelson W. Smith, and by him then and there declared to be his last will and testament, and we at his request and in his presence and in the presence of each other have signed our names as witnesses to the said will. (signed) R. H. Gray F. A. Gray Opened, publicly read and filed Sept. 14, 1904. Ben E. Ballou, Clerk District Court State of Iowa, Cherokee County ________________________ Affidavit of Decease State of Iowa, Cherokee County I, E. L. Ballou, Jr., do solemnly swear that I was acquainted with Nelson W. Smith during his lifetime and that he departed this life at Larrabee in the State of Iowa on the 10th day of Sept. A. D. 1904.

LAST WILL AND TESTAMENT OF NELSON W. SMITH

Know all men by these presents: That I, Nelson W. Smith, a resident of Larrabee, in Cherokee County, Iowa, being of lawful age, sound mind and memory do make, publish and declare this instrument to be my last will and testament, hereby revoking every and all wills by me at any time heretofore made.

Item 1. I direct that at the happening of my death, all my just debts shall be first paid out of my estate.

Item 2. To my son in law, E. L. Ballou, I give, and bequeath the sum of Fifty Dollars, the same to be paid out of my estate after the payment of the debts.

Item 3. All the rest, residue and reminder of my property of whatever kind, and where ever situated I give and bequeath in the following manner: one fourth to my daughter Susan M. Raymond, one fourth to my son Ben F. Smith, one fourth to my daughter Mary F. Farnham, one fourth to be divided share and share alike between the children of my deceased daughter Minerva L. Ballou; said children being Ben E. Ballou, Ellis L. Ballou, Herbert E. Ballou, Maud M. Ballou and Minnetta V. Ballou, my said property to go to my said children and grandchildren as I have by this instrument directed and unto their heirs forever.

Item 4. I nominate and appoint Henry C. Eddy as the executor of this my last will and direct that he be permitted to qualify as such without giving bonds.
(signed)
Nelson W. Smith

Dated at Larrabee, Iowa, December 24, 1903.

Witnesses:
R. H. Gray, Larrabee Town.
F. A. Gray, Larrabee Town
On this the twenty fourth day of December 1903, the foregoing instrument was signed in our presence by Nelson W. Smith, and by him then and there declared to be his last will and testament, and we at his request and in his presence and in the presence of each other have signed our names as witnesses to the said will.
(signed)
R. H. Gray
F. A. Gray

Opened, publicly read and filed Sept. 14, 1904.
Ben E. Ballou, Clerk District Court
State of Iowa, Cherokee County
________________________

Affidavit of Decease
State of Iowa, Cherokee County

I, E. L. Ballou, Jr., do solemnly swear that I was acquainted with Nelson W. Smith during his lifetime and that he departed this life at Larrabee in the State of Iowa on the 10th day of Sept. A. D. 1904.

Source: (Cherokee County Probate Files, Will Records 1-4, 1871-1916)