COLE, Phebe Ann - Last Will and Testament

COLE, JOHNSON, WOODS, BICKFORD, MORAN

Posted By: Marilyn O'Connor (email)
Date: 1/29/2009 at 10:13:43

LAST WILL AND TESTAMENT
OF Phebe Ann Cole.
Admitted to Probate on June 3, 1913.

LAST WILL AND TESTAMENT.

I, Phebe Ann Cole, of the City of Osage, Iowa, being of sound and disposing mind and memory, do hereby make, ordain, publish and declare this instrument as and for my last will and testament, at the same time revoking all former wills made by me.--

First. I desire that all my just debts be paid.

Second. I give and bequeath to Miss Ida Johnston, who now makes her home with me at Osage, Iowa, the sum of one thousand dollars, also all household goods and furniture, musical instruments, books, bric-a-brac and other personal property of every kind, situated and contained in the residence occupied by me as a home at said City of Osage, and also all my wearing apparel and jewelry.

Third. I give and bequeath to Miss Clara E. Bickford, my niece and now residing in the City of Minneapolis, Minnesota, the sum of one thousand dollars, ($1000):

Fourth. I give and bequeath to Mrs. Lena Woods, wife of George Woods, and now of Osage, Iowa the sum of five hundred dollars ($500).

Fifth. I give and devise to Mrs. Namoi Moran, now of said City of Osage, Iowa, for her use and benefit for and during the remainder of her natural life, the following described real estate,situated in the said City of Osage, Iowa, to-wit: Lots Nos. Eleven (11) and Twelve (12) in Block No. Two hundred sixty-seven (267) according to the recorded plat of said City; subject to the life estate so devised to Mrs. Namoi Moran, I give and devise said real estate to my nephew, George Woods, now of said City of Osage, provided, however, that he shall not file or make any claim or demand whatsoever against my estate; in event that he shall file, make or present any claim or demand whatsoever against my estate, then the aforesaid real estate shall be and remain a part of my estate subject only to the life estate of Mrs. Namoi Moran, hereinbefore created and devised.

Sixth. The rest, residue and remainder of all property, real, personal (including monies) and mixed, and wherever situate, and of which I may die seized and possessed, or in which I may have any interest, I give, bequeath and devise to Fred Smith and E. J. Scofield, both now of Osage, Iowa, in trust, however, for the uses and purposes hereinafter set fourth and provided. The said Fred C. Smith and E. J. Schfield, as trustees as aforesaid shall take and have general supervision and control of all said property, and shall collect and receive the interest, income, profits and rents thereof, and devote the same to the purposes and in the manner following to-wit:

1. To the payment of all taxes and assessments lawfully levied upon or against the said properties, or any part thereof.

2. To the payment of all expenses necessary to keep real properties, in any, in proper repair and condition for use and occupancy and reasonably required to make them productive and renumerative.

3. To the payment of premiums or assessments on account of insurance which the said trustees may deem best to place upon any of the said properties; the said trustees to determine , at all times the necessity or advisability, of such insurance.

4. To the payment of all costs, expenses, and charges reasonably made and incurred in the execution of the trust hereby created, settlement to be made at least annually of all such matters;

5. The remainder, or net income, from all sources, shall be paid by the said trustees to Miss Ida Johnson, mentioned in aragraph “Second” of this will during the remainder of her natural life; such payment to be made to her semi-annually, or quarterly, as conditions may warrant, or oftener if said trustees may so elect;

Seventh- The aforesaid trustees shall have full authority and power to invest and re-invest, from time to time and at all times, monies in interest bearing securities, lease real estate, if any, make leases thereof, receive and accept mortgages, or other securities for money loaned, satisfy and release the same of record, and to make and execute any and all instruments of transfer or personal property, necessary or proper in the execution of the said trust. And I expressly grant and confer upon the said trustees full authority and power to sell and convey any or all of the real estate, which may vest in them, in trust by the provisions of this will, whenever in their judgment a sale thereof would be to the advantage of my estate, or the parties interested therein, provided only, that any such sale made during the life of the said Ida Johnson, before mentioned, shall be signed by her, either jointly with the said trustees or by separate conveyance as she may prefer.

Eighth. Upon the death of the aforesaid Ida Johnson, and within six months next thereafter, the aforesaid trustees shall convert all property into money, and for such purpose, they shall be at liberty to sell the said property, and transfer the same, at such price or prices, as they shall seem prudent and best, and thereupon they shall proceed to fully discharge the said trust, and shall dispose of,distribute and transfer the entire funds in their hands and custody, as trustees aforesaid, to the several respective persons, corporation, and religious and educational institutions, and in the manner following, to-wit:

1. To Lynn Woods and William Woods, sons of my nephew Charles F. Woods, late of Big Stone County, State of Minnesota, the sum of one thousand dollars ($1000) each;

2. To Mrs Jennie Woods, wife of Roy Woods, in trust for her two children, Helen and Raymond Woods, the sum of one thousand dollars, one half of which is to be paid to each of said children as each shall become of lawful age; if either of said children should die before the distribution of funds by the trustees thereof, as aforesaid, then the survivor of them shall have and receive the said entire sum of one thousand dollars; if neither of said children should be living at the time of said distribution, then the said Jennie Woods shall have and take said sum in her own individualright, and for her own use; if however, none of the said persons shall be living at the time of said distribution, then said bequest shall lapse, and the said sum of one thousand dollars be and remain a part of my estate, and pass with other funds under subsequent provisions hereof;

3. To the City of Osage, County of Mitchell, State of Iowa, one thousand dollars ($1000) for library purposes, the same to be received and expended by said City for the purpose of increasing or improving the free public library, known as the Sage Library, already established and open to the public in said City:

4. To Trustees of the First Congregational Church of Osage,Iowa,the sum of two thousand dollars, five hundred of which shall be devoted to Home Missions, and five hundred to foreign
missions, the particular societies or associations to receive said sum for the direct application thereof to the said purposes shall be determined upon and selected by the acting trustees of the aforesaid church or Church society. The remaining one thousand dollars shall be used to meet the needs of the aforementioned said Congregational Church of Osage, and as the acting trustee thereof may determine.

5. To the Regular Baptist Church at Osage, Iowa, of the Trustees or other proper officers thereof, the sum of five hundred dollars ($500):

6. To the First Methodist Church Episcopal Church of Osage, Iowa, or to the trustees or other proper officers thereof, the sum of five hundred dollars ($500).

7. To the First Universalist Church of Osage, Iowa, or to the trustees or other proper office thereof, the sum of five hundred dollars.

8. If, at the time hereinbefore provided for the disposition and distribution of funds by the trustees of my estate, the Cedar Valley Seminary, now being conducted by a corporation known as “ The Board of Trustees of Cedar Valley Seminary” shall still be in operation, and the same shall then have an endowment fund of at least sixty thousand dollars, then the aforesaid trustees of my estate shall pay and transfer to the board of Trustees of the Cedar Valley Seminary the entire fund remaining in their hands and custody, after making the several dispositions and distributions and transfers hereinbefore expressly provided and the same sum shall be received and retained as a part of the general endowment fund, for the support and maintenance of the aforesaid Seminary if, however, the said Seminary shall not be in operation, at the time stated as aforesaid, or the endowment fund thereof shall not equal the sum of sixty thousand dollars, then the said fund before directed to be paid to the Board of Trustees of Cedar Valley Seminary upon conditions stated, shall not be so paid or transferred, but the trustees of my estate shall pay and transfer the said fund, herein defined, to Iowa College of Grinnell, Iowa, or to the trustees or other officers thereof qualified to receive the said fund, and the same shall be received or retained as a part of the permanent endowment fund of the said College, and for the support and maintenance thereof;

Ninth. In case of the death, refusal or inability of the said Fred C. Smith and E. J. Scofield, or either thereof, to accept the trust hereinbefore provided, then I desire that the District Court in and for Mitchell County, Iowa, or the Judge of said Court, shall select and appoint some other suitable or competent person or persons in his or their stead or place, or as his or their successors,who shall take and have all the interest in said property, to-gether with the same authority and power hereby invested in, and conferred upon, the trustees expressly named herein.

Tenth. I nominate Ida Johnson,Fred C.Smith and E. J. Scofield all of Osage, Iowa, as Executors of this my last will and testament and request that none thereof be required to give bond in excess of the sum of twenty-five hundred dollars.

Eleventh. In making this disposition of my property and estate, intended to be full and complete, I have not forgotten or overlooked the fact that I have relatives not named as legatees, or beneficiaries herein; that such are not named as beneficiaries is not due to oversight or inadvertence.

Dated Osage, Iowa, June 8th, A.D. 1911.

Phebe Ann Cole.

The foregoing instrument consisting of 4 pages, including this sheet, was, at the date thereof,
subscribed by Phebe Ann Cole in our presence, and she, at the same time, declared the said instrument to be her last will and testament; and by her request we sign our names hereto as
witnesses, both in her presence and in the presence of each other.

Carl H. Spannum, Residence, Osage, Iowa

G. E. Marsh, Residence, Osage, Iowa.