Probate Records


Cherokee County Will Records

Last Will of E. D. Willey
I, E. D. Willey, of Marcus, Iowa, being of sound mind and memory, do hereby make, publish and declare this my last WILL and TESTAMENT, hereby revoking all other wills by me at any time heretofore made. Item 1. Subject only to all just debts and charges, I devise and bequeath to my beloved wife, Mary Willey, a life estate in all my property of which I may die possessed or entitled; the same to be for her use and benefit during her natural life. Item 2. After the death of my wife Mary, or, should I survive her, then after my death, I will and direct that all my property and estate then remaining shall be distributed as follows: To my son E. J. Willey, Two Thousand Dollars; To my daughter Margaret J. Raw, Five Hundred Dollars; To my daughter Ada L. Frisby, Eight Hundred Dollars; To my daughter Clara L. Harper, Five Hundred Dollars; To each of the three children of my deceased daughter Mary Frances Adams, One Hundred Dollars, being to said three children the sum of Three Hundred Dollars. Item 3. The several sums specified in item two are by me willed to the parties as there in named subject to this proviso, that if my estate shall not be sufficient to pay said sums as specified in full, then the same shall be paid ratably to said parties, in the proportions as above stated. And if my said estate shall exceed the above sums specified in item two hereof then all the excess of my estate shall be divided equally between my two sons William E. Willey and H. W. Willey, each of whom have had advances out of my estate. Item 4. I hereby appoint my son William E. Willey and F. S. Barnes of Marcus, Iowa, executors of this will. Witness my hand at Marcus, Iowa, this 28th day of February 1899. (signed) E. D. Willey In the presence of C. W. Roe Benj. Radcliffe On this 28th day of February A.D. 1899, the foregoing instrument was in our presence signed and executed by E. D. Willey, and by him declared to us to be his last will and testament and at his request and in his presence and in the presence of each other we have subscribed our names as witnesses thereto. C. W. Roe of Marcus, Iowa. Benj. Radcliffe of Marcus, Iowa. OPENED READ AND FILED Dec. 20, 1900 D.W.McNeal, Clerk District Court. Certificate Probate of Will STATE OF IOWA, Cherokee County. I, E. J. Hornibrook, Clerk of the District Court of the State of Iowa, in and for Cherokee County, do hereby certify that the foregoing Last Will and Testament of E. D. Willey, deceased, was on the 15th day of January 1901, 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 15th day of January A. D. 1901. (seal) E. J. Hornibrook, Clerk District Court. Affidavit of Decease. I, W. E. Willey, do solemnly swear that I was acquainted with E. D. Willey during his lifetime and that he departed this life at Marcus, Cherokee County, in the state of Iowa, on the 14th day of December A. D. 1900. (signed) W. E. Willey Subscribed in my presence by the said W. E. Willey and by him sworn to before me this 20th day of December A. D. 1900. B. Radcliffe, Notary Public in and for Cherokee County, Iowa. Filed Dec. 20, 1900 D. W. McNeal, Clerk.

Last Will of E. D. Willey

I, E. D. Willey, of Marcus, Iowa, being of sound mind and memory, do hereby make, publish and declare this my last WILL and TESTAMENT, hereby revoking all other wills by me at any time heretofore made.

Item 1. Subject only to all just debts and charges, I devise and bequeath to my beloved wife, Mary Willey, a life estate in all my property of which I may die possessed or entitled; the same to be for her use and benefit during her natural life.

Item 2. After the death of my wife Mary, or, should I survive her, then after my death, I will and direct that all my property and estate then remaining shall be distributed as follows:

To my son E. J. Willey, Two Thousand Dollars;
To my daughter Margaret J. Raw, Five Hundred Dollars;
To my daughter Ada L. Frisby, Eight Hundred Dollars;
To my daughter Clara L. Harper, Five Hundred Dollars;
To each of the three children of my deceased daughter Mary Frances Adams, One Hundred Dollars, being to said three children the sum of Three Hundred Dollars.

Item 3. The several sums specified in item two are by me willed to the parties as there in named subject to this proviso, that if my estate shall not be sufficient to pay said sums as specified in full, then the same shall be paid ratably to said parties, in the proportions as above stated. And if my said estate shall exceed the above sums specified in item two hereof then all the excess of my estate shall be divided equally between my two sons William E. Willey and H. W. Willey, each of whom have had advances out of my estate.

Item 4. I hereby appoint my son William E. Willey and F. S. Barnes of Marcus, Iowa, executors of this will.

Witness my hand at Marcus, Iowa, this 28th day of February 1899.
(signed)
E. D. Willey

In the presence of
C. W. Roe
Benj. Radcliffe

On this 28th day of February A.D. 1899, the foregoing instrument was in our presence signed and executed by E. D. Willey, and by him declared to us to be his last will and testament and at his request and in his presence and in the presence of each other we have subscribed our names as witnesses thereto.
C. W. Roe of Marcus, Iowa.
Benj. Radcliffe of Marcus, Iowa.

OPENED READ AND FILED Dec. 20, 1900

D.W.McNeal, Clerk District Court.

Certificate Probate of Will
STATE OF IOWA, Cherokee County.

I, E. J. Hornibrook, Clerk of the District Court of the State of Iowa, in and for Cherokee County, do hereby certify that the foregoing Last Will and Testament of E. D. Willey, deceased, was on the 15th day of January 1901, 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 15th day of January A. D. 1901.
(seal)

E. J. Hornibrook, Clerk District Court.

Affidavit of Decease.

I, W. E. Willey, do solemnly swear that I was acquainted with E. D. Willey during his lifetime and that he departed this life at Marcus, Cherokee County, in the state of Iowa, on the 14th day of December A. D. 1900.
(signed)
W. E. Willey

Subscribed in my presence by the said W. E. Willey and by him sworn to before me this 20th day of December A. D. 1900.

B. Radcliffe, Notary Public in and for Cherokee County, Iowa.

Filed Dec. 20, 1900

D. W. McNeal, Clerk.

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