|Last Will and Testament of Emily James
of Clinton County Iowa
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|I Emily James of DeWitt Township Clinton County State of Iowa being of sound and disposing mind do make publish and declare this to be my last will and testament hereby revoking all wills by me at any time heretofore made.
First – I direct that all my just debts and funeral expenses be first paid and out of my estate as soon as sufficient funds come into the hands of my executor to do so.
Second – All the rest residue and remainder of my estate real and personal or of whatever nature of which I may die seized or possessed or to which I may be entitled. I will devise and bequeath as follows.
1st - To my husband John L. James for and during his natural life only, the following described real estate to wit: The North half (1/2) of the South West quarter (1/4) and the
South half (1/2) of the North West quarter (1/4) in Section twenty three (23) also the North half (1/2) of the South East quarter (1/4) and South East quarter (1/4) of the North East quarter (1/4) in Section Thirty-five (35) all in township eighty one (81) North range Four (4) East of the 5th P. M. After the death of my said husband John L. James said real estate shall go to my children namely Italia Townsend, Mary Cecilia Bedger, Luella Abbott, George W. James and Pauline James to be divided to them equally, share and share alike. I further grant and give to my husband John L. absolutely all my personal effects and household good except as hereinafter disposed of nothing in this bequest is to be understood or construed as bequeathing any account, moneys or credits due or to become due or owned and held by me. And the foregoing bequest shall be in lieu of all his statutory right of dower in and to my estate.
2nd – To my daughter Pauline James I devise and bequesth two lots (the description of which I am unable to now give) situated in the town of Miller Hand Co. Dakota said lots being the only lots owned by me in Miller Dakota. Also the flowing personal property to wit: My gold watch and chain and two silk quilts.
3rd – I direct that all my personal property not heretofore mentioned and all monies and credits of which I die seized shall be by my executor as soon as practicable and as herein directed divided equally share and share alike among my children namely Italia Townsend, Mary Cecilia Bedger, Luella Abbott, George W. James and Pauline James with this provision, and it is my will that the shares mentioned in the last paragraph as given to George W. James and Pauline James shall not be passed over to them by my executor until they arrive at the age of twenty five years. Provided however if Pauline should marry then in that event she shall receive her share after she comes twenty three years of age. And I hereby appoint George W. Wallace and W. A. Cotton trustees of the property to which said George W. and said Pauline may fall heir with full power and authority in said trustees to manage and control the said trust funds to the best interest of said George W. James and Pauline James and pay to them semi-annually the proceeds of said funds. Should any of my said children die the share belonging to such child shall go to its legal heirs. I hereby appoint George W. Wallace and W. A. Cotton executors of this my last will and testament and exempt them either as trustee or executor from giving bonds as by law provided.
In witness whereof I hereunto set my hand this 23rd day of February 1888.
On this 25th day of February 1888 the foregoing instrument was in our presence signed by Emily James and by her declared to be her last will and testament and at her request and in her presence and in the presence of each other we have subscribed our names as witnesses thereto.
C. V. Baxter
W. H. Schlabach } Witnesses
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 A. D. 1888 of said Court the will and instrument in writing hereunto annexed and bearing date in the 25th day of February 1888 was duly proved before and allowed by said court as and for the last will and testament of the real and personal estate of Emily James 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 at my hand and affixed the seal of the court at my office in Clinton in said County this 24th day of April A. D. 1888.
Seal – William Kreim, Clerk