Last Will and Testament of Mary Kelly, 1909

In the name of God:
I, Mary Kelly, a widow of the town of Schaller, in the county of Sac and state of Iowa, being of sound mind and good memory but realizing the uncertainty of life do hereby make, and declare this to be my last will and testament.

1st. It is my will that after my death the just debts against my estate be first paid, including a suitable monument to be erected at my grave.

2nd. My son Frank J. Kelly having remained at home and worked upon the farm after attaining his majority, and he not having received any compensation the refor, I give and bequeath to him the sum of One thousand ($1000) to be first paid out of my estate, after the payments provided in paragraph one hereof.

3rd. All of the rest and residue of my property both real personal and mixed and wherever situated I will, devise and bequeath to my beloved children, Catherine Wald, Ann Evans, Rose Drey, Nell Leehan, Mae Mulhall, Louise Murray, William Kelly, Thomas Kelly and Frank Kelly, share and share alike and should any of my said children die before me without issue then the share herein devised and bequeathed to such child, shall go to the survivors share and share alike, and should any of such children die before me, but leaving issue, then the share that would have gone to such child shall go to his or her issue, share and share alike.

4. I hereby nominate and appoint my beloved son William Kelly as executor of this my last will and testament such appointment to be without bond.

Dated at Sioux City, Ia. July 21st 1909.

(signed)
Mary Kelly

The above and foregoing instrument was on this 22nd day of July 1909, signed in our presence by Mary Kelly, who at the time of signing the same declared it to be her last will and testament and at her request we have signed our names thereto as witnesses both in her presence and in the presence of each other.

Filed Aug 21 1909

Geo. Jepson, Sioux City, Iowa.
J. Mulhall, Sioux City, Iowa.
___________________________

AFFIDAVIT OF DECEASE.

A. E. Baker, Clerk District Court.

State of Iowa, Sac County: I, William Kelley do solemnly swear that I was acquainted with Mary Kelly during her lifetime, and that she departed this life, at Sioux City, Iowa but was at the time a resident of Sac County, in the state of Iowa, on the 18th day of August A.D. 1909.

(signed)
William Kelley.

Subscribed in my presence by the said William Kelley and by him sworn to before me this 21st day of August A.D. 1909.

SEAL.

W. Jackson, Notary Public in and for Sac County, Iowa

Filed Aug 21, 1909 A. E. Baker, Clerk District Court.

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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 July 25, 2022.

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