WILL: Avery Brush

BRUSH SPAANUM

Posted By: Marilyn O'Connor (email)
Date: 5/6/2009 at 15:47:06

Admitted to Probate in Mitchell County, Iowa on
Nov. 28, 1923.

"I, Avery Brush, of Mitchell County, Iowa, being of sound and disposing mind do make this my last will and testament.
"I direct that my just debts be paid first from my estate.
Second. I hereby direct that from the property of which I die possessed there be set apart the sum of forty thousand dollars in trust for my two grandchildren, Avery Savre Brush, and Dell Margaret Brush, the children of my dead son,
Avery Brush, Jr., the income from this trust fund to be paid to them or their mother, as the trustee may see fit, until each reaches the age of twenty-five years, at which time the sum of one half the trust fund and the accumulations, if any, is to be paid to each of them, or if either should die before reaching that age the full amount to go to the survivor, if both die before reaching the age of twenty-five years the the whole amount to be divided, share and share alike, among my four other children or their heirs. I nominate and appoint K. J. Johnson, Carl H. Spaanum and Birchard Brush to be the trustees of the above, and ask that they be not required to give bond in any amount, and it is my intention that if either or any of these trustees should die before this trust is concluded that the others or other shall direct the same unaided. I further instruct the executors of this my last will and testament, hereinafter named, that when the settlement of my estate is complete, it should appear that the sum above named is not in proportion to that received by the other four children that the said executor shall place in the credit of the above trust such a sum in securities as will equalize the same, it being my intention that the two children above named shall receive from my estate their proportionate share after they reach the age of twenty-five as above set forth.

The rest, and residue of my property, both real and personal, wherever situate, I give and bequeath to my four children, Julia Brush Johnson, Joseph Moreland Brush, Birchard Brush and Laura Brush Spaanum, share and share alike.
That I nominate and appoint my son, Birchard Brush, to be the executor of this my last will and testament, and direct that he be not required to give bond in any amount, and should he die before the settlement of the said estate I ask that Carl H. Spaanum be executor in his stead with the same request in regard to bond.
Signed this 10th day of July, 1923, at Osage, Iowa. Avery Brush
(Duly witnessed by Margaret Bodensteiner and W. A. Balsley.)