|Last Will and Testament of Elijah Buell
of Clinton County Iowa
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|State of Iowa
Clinton County – SS
I Elijah Buell of Lyons in said County, being of sound mind and disposing memory do hereby make this my last will and testament hereby revoking all wills by me heretofore made.
First – I give devise and bequeath to my son Langworthy Buell and to his heirs and assigns forever the following real estate situated in Clinton County in the State of Iowa to wit: The North East quarter (1/4) of Section Thirty five (35) in Township Eighty two (82) North of Range six (6) East of the 5th P.M.
Second- I give devise and bequeath to my son William E. Buell his heirs and assigns forever the following real estate situated in Clinton County in the State of Iowa to wit: The North West quarter (1/4) and the South East quarter (1/4) and the East seven (7) acres of the South West (1/4) quarter of the South West quarter (1/4) of Section Twenty four (24) in Township Eighty two (82) North of Range six (6) East of the 5th P. M. and the North half (1/2) of the North East quarter (1/4) of Sections Twenty-five in Township Eighty to North of Range six (6) East of the 5th P.M.
Third- All the rest and residue of my real Estate wheresoever situated, I give and devise and bequeath to my wife Mary E. Buell and to those of my children who may be living at the time of my death and to their heirs and assigns forever in such shares and they to take in the same proportions as they would take under the laws of the State of Iowa providing for this decent of Real property if I had died intestate; except that the children of any children who may be dead at the time of my death shall not take the parents share and excepting further that the share of the said residue which my daughter Carrie Gaston may take under this devise shall be diminished in the sum of Three Thousand dollars; and such share thereof as my daughter Mary Eaton may take thereunder shall be diminished in the sum of Two Thousand dollars, the reason of this being that I have heretofore conveyed to my said daughter Carrie Gaston Real Estate in Lyons of the value of Three Thousand dollars, and to my said daughter Mary Eaton, I have heretofore conveyed Real Estate in Lyons of the value of Two Thousand dollars said two conveyances to my said two daughters having been made by way of advancements to them.
Fourth – I give and devise to my granddaughter Mollie E. Buell, daughter of my son Strong Buell her heirs and assigns forever the sum of five hundred dollars to be paid her by my Executor within one year from my death.
Fifth- I give and devise all my interest in all the live stock which at my death may be on the Real Estate herein before devised to my son Langworthy Buell to my said son Langworthy Buell and all my interest in all the live stock which at my death may be on the Real Estate herein before devised to my son William E. Buell to my son William E. Buell.
Sixth- All the rest and residue of my personal property of whatever kind and wherever situated I give and bequeath to my wife Mary E. Buell, her heirs and assigns forever. What I have given and devise and bequeathed to my said wife Mary E. Buell in this Will is in lieu of her dower or widow’s share.
Seventh- I nominate and appoint my son William E. Buell executor of this my last will and in case he should not be living at the time of my death, then I nominate and appoint my son Langworthy Buell to be said Executor.
In witness whereof I have hereunto subscribed my name and affixed my seal at Lyons on the Fifteenth day of December A.D. 1886.
Signed: Elijah Buell – Seal
Signed, sealed, published and declared by the said Elijah Buell as and for his last Will and Testament in the presence of us who in his presence, at his request and in the presence of each other have hereunto subscribed our names hereto as witnesses on this fifteenth day of December A.D. 1886.
Robert T. T. Spence
Samuel C. Scott
State of Iowa
Clinton County – SS
I William Kreim clerk of the District court in and for said County, do hereby certify that on this day at the April Term AD 1889 of said Court the Will and instrument in writing hereunto annexed and bearing date on 15th day of December 1886 was duly proved before and allowed by said court as and for the last Will and Testament of the real and personal Estate of Elijah Buell late of said County deceased, and was by said Court ordered to be recorded as such Will and Testament.
In witness whereof I have hereunto set my hand and affixed the seal of the said Court at my office in Clinton in said County this 16th day of April A.D. 1889.
Signed: William Kreim, Clerk