In the name of God, Amen.
I, John TULLY, widower, of the city of Lansing in the
county of Allamakee and state of Iowa, being of sound
mind and disposing memory and calling to mind the
frailty and uncertainty of human life, and being
desirous of settling my worldly affairs and directing
how the estate with which it has pleased God to bless
me shall be disposed of after my decease while I have
strength and capacity so to do, do make, publish and
declare this to be my last will and testament hereby
revoking and making null and void all other last
wills and testaments by me heretofore made and first,
I commend my mortal being to Him who gave it , and my
body to the earth, to be buried with moderate expense
and (?), by my executor hereinafter named. And as to
my worldly estate, and all the property, real,
personal, or mixed of which I shall die seized and
possessed, or to which I shall be entitled both at
law or in equity, I devise, bequeath, and dispose
thereof in the manner following towit:
My will is, that all my debts and funeral expenses
shall be first paid by my executor hereinafter named,
out of my estate, as soon after my decease as shall
by him be found advisable.
Item: I direct my executor to expend three hundred
dollars ($300.00) within three years time after my
decease in having masses read for the spiritual
welfare, and happy repose of the souls of my dear and
beloved wife, my parents, my sister and myself.
Item: All the rest, residue and remainder of my
estate real, personal and mixed, and wherever
located, situated or found of which I shall die
seized or possessed, or to which I shall be entitled,
both at law and in equity, I give, devise and
bequeath to my beloved daughter and only child,
Elizabeth (Bessie) TULLY, and her heirs and assigns
absolutely and forever.
Item: If my said daughter Elizabeth (Bessie) TULLY
shall die without issue before she attains the age of
twenty one years (21 years) then and in that case, it
is my will that one third (1/3) of all my estate
real, personal and mixed shall be given to my niece,
Catharine FARNAN of Lansing, Iowa, her heirs and
assigns forever for her kindness to me, and remaining
two thirds (2/3) of my estate, real personal and
mixed, to go in equal parts, share, and share alike
to my nieces Mrs. Maggie TEELING of Chicago,
Illinois, Mrs. Maggie MCNULTY of Dubuque, Iowa, Mary
FARNAN of East Dubuque, Illinois; and my nephews
Martin F. FARNAN and John FARNAN both of East
Dubuque, Illinois and their heirs and assigns
forever, in order that my will may be fully
understood and by way of explanation, I mean by the
word “issue” above mentioned in this item,
children born of my said daughter, and if she does
not have any living child surviving her and should
die before she reaches the age of twenty one years, I
want my sister, Bridget FARNAN’s children whose
names are above mentioned and their heirs, to be the
sole and only persons to inherit my estate or any
portion thereof. But if my daughter Elizabeth
(Bessie) TULLY lives until she reaches the age of
twenty one years
then and in that case, I give devise, bequeath and
bestow to her and her heirs and assigns absolutely
and forever all of my estate real, personal, and
mixed, and wherever located, situated, or found.
Item: All the rest, residue and remainder of my
estate real, personal, and mixed and wherever
located, situated, or found of which I shall die
seized or possessed or to which I shall be entitled
either at law or in equity, I will devise and
bequeath absolutely and forever to my beloved and
only child and daughter Elizabeth (Bessie) TULLY, her
heirs and assigns forever.
Item: I hereby constitute and appoint Martin F.
FARNAN of East Dubuque, Illinois, guardian of my said
minor daughter Elizabeth (Bessie) TULLY until she
becomes of age and I direct him to draw on my
executor for such sum and sums of money as will be
necessary for the education, maintenance, and support
of my said daughter until she become of age. And I
thereby exonerate him from giving any bonds for the
faithful performance of his duty as such guardian.
Item: I hereby constitute and appoint James TULLY of
Lansing, Allamakee County, Iowa, executor of this my
last will and testament hereby exonerating him from
giving bonds for the faithful discharge of his duties
as such: and I hereby authorize and empower him to
sell and convey any and all of my real, personal, and
mixed property of which I shall die seized or
possessed, or which I shall be entitled to for the
payment of the above named legacies, or for the
maintenance, education and support of my said
daughter, or for any other purpose, or at any time
when in his judgment he decries it proper, and I
further him after paying the above named sum or sums
to invest the proceeds, if any there be, for the use
and benefit of my said daughter,
Elizabeth TULLY.
Lastly: I hereby direct that the courts of Allamakee
County, Iowa or of any other county or state, have as
further jurisdiction over my estate, real, personal,
and mixed than for the purpose of filing an inventory
of my said estate and list of heirs.
In testimony, whereof, I, the said John TULLY, have
this to my last will and testament, contained on
these sheets of typewritten paper, and to every sheet
thereof subscribed my name and to this the last sheet
thereof I have hereunto subscribed my name this 28th
day of December in the year of our Lord One Thousand
Eight Hundred and Ninety five.
(signed) John TULLY
On this 28th day of December A.D. 1895 the foregoing
instrument was in our presence signed and executed by
John TULLY, who is of sound mind and disposing
memory, and was by him at the aforesaid date declared
to us to be his last will and testament and at his
request and in his presence and in the presence of
each other, each of us signed our names as attesting
witnesses thereto.
J.P. CONWAY, residing at Lansing, Iowa
James TULLY, residing at Lansing, Iowa
Codicil
I, John TULLY, of the city of Lansing, county of
Allamakee and state of Iowa, being of sound mind and
disposing memory do make, publish, and declare this
codicil to my last will and testament which was dated
on the 28th day of December, A.D. 1895.
First: I give and bequeath to my niece Catherine
FARNAN, now of Lansing, Iowa, in addition to her
former legacy an additional one thousand ($1000.00)
dollars as a token and reward for her kindness to me
during the last past years. And I hereby authorize my
executor to pay the same within two years after my
death, same to draw no interest.
Second: I give and bequeath to my niece Mary FARNAN,
of East Dubuque, Illinois in addition to her prior
legacy an additional three hundred ($300.00) dollars
to be paid to her by my executor within two years
after my death without interest. In all other
respects, I confirm my will,
In witness whereof, I have hereunto set my hand this
10th day of March A.D. 1898.
(signed) John TULLY
In presence of
J.P. CONWAY
J.C. BROPHY
On this 10th day of March, A.D. 1898 the foregoing
codicil was in our presence signed and executed by
John TULLY who is of sound mind and disposing memory
and was by him at the aforesaid date (?) to us to be
this codicil to his last will and testament and at
his request and in his presence and in the presence
of each other, each of us signed our names as
witnesses thereto.
J. P. CONWAY, residing at Lansing, Iowa
J. C. BROPHY, residing at Lansing, Iowa
~contributed by Cindy Kolanko
