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Last Will and Testament of David Mullinix

Submitted by Debra Schmidt

Keokuk Co. Iowa Probate Records Box 301 -In reviewing the Probate Record in Box 301 in the Keokuk County, Iowa, courthouse, it was noted that there was a dispute in settling the estate of David Mullinnix. David died intestate. He left the following property : North 52 acres of West 1/2 of South East 1/4 Southeast 22, township 76 Range 12. This inventory was filed Dec. 3, 1909. On December 2, 1909, the following application for appointment of administor was filed:

State of Iowa } In the Matter of the Estate of Keokuk County } ss David Mullinnix, Deceased TO THE HONORABLE DISTRICT COURT OF SAID COUNTY

Comes now Green Mullinnix, a resident of said county, and respectfully represents that on or about November 29 day of. A.D., 1909, David Mullinnix of said county, died intestate. leaving at the time of his death, the following heirs, towit:

Elizabeth Brown

Thomas W. Mullinnix

Hattie Roe

Geo. P. Mullinnix

Anna C. Convey

Green Mullinnix

and having at the time of his decease personal property in this state which may be lost, destroyed or diminished in value, if speedy care be not taken of the same. To the end therefore, that said property and debts may be collected and preserved, I request the appointment of Geo. Mullinnix with full power and authority to act as Administrator of the Estate of the David Mullinnix herein according to law. The total value of Personal Property of said decedent is about $225.00 And the value of Real Estate is about $4000.00

Green Mullinnix Subscribed and Sworn to by Green Mullinnix before me this 2nd day of Dec, 1909.

John R. Ganett

Clerk D.C

On January 20, 1910, Elizabeth Mullinnix Brown, daughter of David Mullinnix, filed a partition suit against the estate.

On April 19, 1912, the following Final Report of Adminstrator and Petition for Discharge was entered in the Keokuk County District Court:

State of Iowa } In the District Court of Said County

Keokuk County } April Term. 1912 IN THE MATTER OF THE ESTATE OF David Mullinnix DECEASED

Come now Geo. P. Mullinnix Adminstrator of said estate, and reports as his doings herein, since the day of his appointment as follows, To-wit: That the since the date of appointment he has received funds belonging to said estate in the sum of $4430.80 and has made disbursement as shown by acct. attached in the sum of $2409.73 and has a balance in his hands of $2021.08.

He asks that he be allowed $35.00 in addition to the statutory compensation and that his attorneys be allowed $250.00 dollars for services rendered and that adm. be allowed further service sum of $41.50 dollars paid for abstract of title and attorney fees as above distribution be ordered. Statutory admin. compensation $125.75.

All of which is more particularly set forth in the Cash Account hereto attached. Dated this 19th day of April 1912.

George Mullinnix

Subscribed and sworn to by Geo.P. Mullinnix before me April 12, 1912. J.H. Uyller

Notary Public

According to the following documents and other located in the probate records, the heirs of this state had quite a battle over the settlement. The case was eventually taken to the Iowa Supreme Court to be settled. The following document was filed in the Keokuk County District Court:


In the Matter of the Estate of David Mullinnix, Deceased George P. Mullinnix


Now comes Elizabeth Brown and Anna C. Convey, two of the heirs at law of the said Deceased, David Mullinnix and respectfully state to the court that one of the other heirs, to-wit Green Mullinnix is justly indebted to the estate in the sum of several hundred dollars, that they have asked the administrator and demanded of him that he proceed to collect the said indebtedness from said Green Mullinnix, but that he has refused and still refuses to bring an action or to make any attempt to collect said claim.

That your petitioners have investigated the matter and are firmly convinced that the said heir Green Mullinnix is justly indebted to said estate and that justice and right demand that the same should be collected for the benefit of the estate. They further say that the action will neccessarily have to be brought in the name of the Administrator and they further say that if the Court will order the Administrator yo bring said suit and place the matter in the hands of these parties that they may have full opportunity to bring and prosecute said case, they will be responsible for whatever costs might be made against the estate and save the said estate harmless therefrom and that the Court may make such order at the same time directing the Administrator to act therein under and by the advice of attorney for said parties.

Whereas your petitioners pray that the Court order and direct the said Administrator to bring said suit and permit the petitioners to have control thereof and for such other and further relief as the facts and law will warrant.

C.M. Brown

Attorney for Petitioners