JAMES, John R. - Last Will & Testament

JAMES, HOLVELSON, HALL

Posted By: Marilyn O'Connor (email)
Date: 1/28/2009 at 11:23:22

LAST WILL AND TESTAMENT
OF JOHN R. JAMES

Admitted to probate April 28, 1892
Mitchell County, Iowa.

“In the name of God Amen”

I, John R. James, being a resident of Osage Township, Mitchell County, Iowa, of the age of Sixty-nine years and being of sound and disposing mind and memory do make, declare and publish this as my Last Will and Testament in manner following, that is to say:

FIRST- I direct the payment of all my just debts and funeral expenses and the expenses of the Administration of my estate.

SECOND- I hereby nominate and appoint as the Executors of this my last Will and Testament, my son, Frank E. James, and my son-in-law, Hover Hovelson.

THIRD- It is my Will and I hereby give to my beloved wife, Margaret James, the sum of Five Hundred Dollars annually, as long as she shall live. The first payment of Five Hundred Dollars to be made to her within thirty days after my death, and the same sum to be paid to her annually thereafter. The provision herein made to my said wife Margaret is made, and is to be accepted by her, in lieu of all her legal rights of every kind in my estate including the right of dower and the right to exemptions. The gift herein made to my said wife is to be a Lien upon all the real estate owned by me at the time of my death, unless said real estate is released from said Lien by order of Court upon the filing of such bond as the Court may deem proper to secure the payment of said annuity.

FOURTH- It is my Will and I hereby give, devise and bequeath all the property of every kind and description owned by me at the time of my death to my six children, namely: Elizabeth Ann Hall, Sarah Ellen Hovelson, Richard William James, Edward Henry James, Frank Ellsworth James, and Llewellyn James to take, share and share alike, for their own use and benefit forever, subject however to the Provisions of paragraph Three hereof to my wife Margaret James.

FIFTH- If any of my children named in the preceding paragraph should die before my death, leaving issue surviving at the time of my death, then said issue shall take the share that the parent would have taken if living under this Will, and if more than one, shall take share and share alike. But if any of my said children should die before my death leaving no issue surviving at the time of my death, the, the share which would have gone to said child, shall be divided equally among my said children living at the time of my death and the issue of any of said children that may have died prior to my death.

In testimony whereof I have hereunto signed my name at Osage Township, Mitchell County, Iowa, this Nineteenth day of March, A.D. Eighteen Hundred Ninety-two. John R James.”

Duly witnessed by J. F. Clyde and C. F. Hambrecht.

“The undersigned, Margaret James, wife of John R. James, having read the foregoing Will of said John R. James and understanding the same and being fully advised as to the provisions thereof, does hereby consent to the provisions of said Will, and waives all right, title or interest to every part of the estate of said John R. James, except as specially provided for in Paragraph Three of his Will aforesaid; and does hereby authorize the Clerk of the District Court to enter in the proper Records of said Court this Consent to the provisions of the Will of said John R. James. Margaret James.”

“Witness to signature, J.F. Clyde, C.F. Hambrecht.”

“State of Iowa, County of Mitchell, ss.

Be it remembered, that on this Nineteenth day of March, A.D. Eighteen Hundred Ninety-two (1892) before me J. F. Clyde, a Notary Public within and for said County personally appeared Margaret James whose name is subscribed to the foregoing CONSENT and Acceptance of the provisions of the Will of John R. James and she acknowledged the execution thereof to be her own voluntary act and deed for the purposes therein expressed.

Witness my hand and Notarial Seal the day and year last above written.

(SEAL) J. F. Clyde Notary Public”