Last Will and Testament of Erich Schmidt, 1906

IN THE NAME OF GOD AMEN:

I, Erich Schmidt, of the County of Sac, state of Iowa, being of full age and sound mind, do make, publish and declare this my last will and testament, that is to say:

FIRST: I hereby direct that all my lawful debts, the expenses of my last sickness and burial and of the administration of my estate be first paid.

SECOND: I hereby give, devise and bequeath to my beloved wife, Margaret Schmidt, all estate both real and personal, in whatever it may consist, or wherever situated at my decease, to be by her used and disposed of during her natural life, precisely the same as I might do if I were living, including the power, to sell, convey, lease, release, exchange, invest, and re-invest in the same manner that I might do if living.

THIRD: That upon the death of my beloved wife, Margaret Schmidt, all my then remaining estate I hereby give, devise and bequeath to my three children, Lena Zien, Anna Mohr and Erich J. Schmidt, said children to take as follows:

To my son, Erich J. Schmidt, I hereby give devise and bequeath one half (2) of my then remaining estate, both real and personal, in whatever it may consist, or wherever situated at the time of the decease of my beloved wife, Margaret Schmidt, to be his sole and absolute property.

To my daughter Anne Mohr, I hereby give, devise and bequeath one-fourth (4) of my then remaining estate, both real and personal, in whatever it may consist, or wherever situate at the time of the decease of my beloved wife, Margaret Schmidt, to be her sole and absolute property.

To my daughter, Lene Zien, I hereby give, devise and bequeath one-fourth (4) of my then remaining estate, both real and personal, in what ever it may consist, or wherever it may be situated at the time of the decease of my beloved wife, Margaret Schmidt, to be her sole and absolute property.

FOURTH: I hereby nominate my beloved wife, Margaret Schmidt, to be executrix of my last will and testament end request that my said executrix shall not be required to furnish bond or security for the faithful performance of her duty.

In witness whereof I have hereunto subscribed my name at Wall Lake, Iowa, this 10th day of December A.D. 1906.
(signed)
Erich Schmidt

The foregoing instrument, consisting of one sheet of paper, was on the 10th day of December A.D. 1906, subscribed by the testator, Erich Schmidt, as and for his last will and testament, in the presence of each of the undersigned, he, at his request, in his presence, and in the presence of each other, have signed our names hereto as subscribing witnesses.
K. F. Brown
Ross Sifford

Filed March 9th, 1910

A.E. Baker, Clerk District Court.
Jessie Laing, Deputy.
________________________

AFFIDAVIT OF DECEASE

State of Iowa, Sac County:

I, C. M. Herrig do solemnly swear that I was acquainted with Erich Schmidt during his lifetime, and that he has departed this life at Wall Lake, Sac County, in the State of Iowa, on the 24th day of February A.D. 1910.

SEAL.

Filed March 9, 1910. A.E. Baker, Clerk District Court.

Subscribed in my presence by the said C.M. Herrig and by him sworn to before me this
day of March A.D. 1910.

Jessie Laing, Deputy Clerk District Court, in and for Sac County, Iowa.

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Source: Sac County, Iowa Probate Files
Wills Vol. C-E 1908-1925

Submitted by a volunteer transcriber and uploaded by Lynn Diemer-Mathews on August 9, 2022.

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