The Last Will & Testament with Codicil annexed of Jacob Stutsman
of Clinton County Iowa
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Record of Wills July 1858
In the name of God Amen.
I Jacob Stutsman, of Brookfield township, Clinton County and State of Iowa being of sound mind and memory and considering the uncertainty of this frail and transitory life do therefore make ordain publish and declare this to be my last Will & Testament.  That is to say, First after my decease, I give and bequeath to my beloved wife, one milch cow, one good bed & bedstead, the small parlor stove, one chest and the sink, the large rocking chair, all the woolen carpets, one looking glass and all the dish wares belonging to the cupboard, stand also I give & bequeath unto my son Joseph one suckling colt, (or for the want of a sucking colt, the value of a sucking colt in money shall be added into his share as herein after mentioned).  After which all my personal property shall be sold at public sale, and all my just debts and funeral expenses to be paid.  And I further devise that all my real estate shall be sold either at a private or public sale as may be considered to the best advantage, and interest of the heirs by execution and the time of sale may be extended eighteen months after my decease or longer at the mutual consent of all the heirs and so long as it remains unsold the farm shall be rented out for money rent and one third of the rent shall be paid to my beloved wife and the balance shall be divided equally among all my children.  So after all my personal & real estate is sold and all my just debts are paid & as aforesaid, then I give, bequeath and dispose the residue of my estate as follows xxxx The interest of one third shall be paid annually to my beloved wife during the term of her natural life and after her death the aforesaid one third shall be equally divided among all my children or their heirs.
And from the remaining two thirds, first I give and bequeath unto my son John six hundred dollars ($600) as it seemeth to me good to favor him on account of his blindness.  Likewise I make, constitute and appoint my Son William as a guardian over my son John who shall hold or let out the afore said six hundred dollars at interest.   And whenever my son John shall be in want in consequence of inability to support himself then his guardian shall take of the interest of the aforesaid $600 and pay it out for his personal support.  And if in case my son John should learn a trade, and desire to carry it on, then the guardian shall take of the aforesaid sum and purchase such implements and materials as will enable him to start his trade.  Should my son John however become disabled to continue such occupation on trade then the said guardian shall take charge of such tools implements and materials as be found at the time of discontinuance and sell them and put the money out at interest as above stated during the term of his natural life.  And after his death the residue shall be divided equally among all my children or their heirs provided however, that my son John shall leave or take any lawful heirs after his death (note: it looks like a line was squeezed in between as an after thought but I can't read it) but should my son John leave any lawful issue then such portion of the aforesaid six hundred dollars with the interest that shall remain an shall make his position equal with the rest of my children shall be divided among his heirs or issue and the residue shall be divided equally among all my children or their heirs.
And next I give and bequeath unto my son Joseph one hundred dollars ($100) and to my daughter Anna (Wife of Elias Gregory) one hundred dollars to make them equal with the rest of my children.
Having thus dispersed of eight hundred dollars ($800) of the last two things.  The residue shall be divided share and share alike to each of my children or their heirs except my son John whose portion is as above named.
Furthermore I make constitute and appoint Samuel Brumbaugh of Brookfield Township Clinton County Iowa to be the executor of this my last will and testament.
In witness whereof I have herewith subscribed my name and affixed by seal, this the 30th day of January in the year of our Lord one thousand eight hundred and fifty eight.
Jacob Stutsman
The above written instrument was subscribed by the said Jacob Stutsman in our presence, and acknowledged by him to each of us.  And he at the same time published and declared the above instrument so subscribed to be his last will and testament.  And we at the testator?s request, and in his presence have signed our names as witnesses hereto, and have written opposite our names our respective places of residence.
Felix Sanger } of Brookfield Township
Isaac Gregory} Clinton county &
Robert Cook } State of Iowa
Codicil to a Will
Whereas I Jacob Stutsman of Brookfield Township, Clinton County and State of Iowa have made my last will and testament in writing bearing date the 30th day of January in the year of our Lord one thousand eight hundred & fifty eight in and by which I have bequest unto my beloved wife the interest of one third of my estate besides other moveable property as specified in said will.
Now therefore, I do by this my writing which I hereby declare to be a codicil to my said last will and testament, and to be taken as a part thereof, order and declare that my will is, that the note which I hold against Simon Monty of Joe Davis County and State of Illinois of two hundred dollars, bearing date the 15th day of May 1856 and secured by deed of trust and duly recorded in the clerks office of the County of Joe Davis and State of Illinois shall not be reckoned in with my estate but that the said note shall be duly collected by my executor and he (the executor) shall pay the same over to my beloved wife in addition to the provisions made in the aforesaid will and testament as the paid two hundred dollars belonged to any beloved wife before our marriage it seemeth good to me to return the same to her again to dispose as she may see proper.
And lastly it is my will and desire that this codicil be annexed to and made a part of my last will and Testament as aforesaid, to all intents and purposes.
Friday, July 21st 1858
In witness whereof I have hereunto subscribed my name and affixed my seal the ninth day of May in the year of our Lord, one Thousand eight hundred and fifty-eight.
Jacob Stutsman
The above written instrument was subscribed by the said Jacob Stutsman in our presence and acknowledged by him to each of us.  And he at the same time published and declared the above instrument so subscribed to be a Codicil to his last will and testament, and we at his request and in his presence, have signed our names as witnesses hereto, and written opposite our names our respective places of residence.
Isaac Gregory            }
Felix Sanger  }  Clinton Co,, Iowa
Jacob Ullery   } 
State of Iowa  |
Clinton County           | ss
I Loring Wheeler, clerk of the County Court in and for said county do hereby certify that the forgoing Will and Codicil attached thereto were duly proven to be the last will and Testament and Codicil of Jacob Stutsman in open court this day.  In witness whereof I hereunto set my hand and affix the seal of the county court at Dewitt this 2nd day of July AD 1858
Loring Wheeler, Clk
Recorded by me this 20th day of July 1858, Daniel McNeil, county Judge.