WHITLEY, John L. (WILL)

WHITLEY

Posted By: Marilyn O'Connor (email)
Date: 5/20/2012 at 16:44:36

LAST WILL AND TESTAMENT

“ In the Name of God, Amen.

I, John L. Whitley, of the City of Osage, county of Mitchell and State of Iowa, being of sound and disposing mind and memory, do make, publish and declare this to be my last will and testament, hereby revoking all Wills by me at any time heretofore made. I direct that all my just debts and funeral expenses be first paid out of my estate.

First. To my beloved wife, Ada M. Whitley, I give, devise and bequeath the following described real estate, it being the homestead, to-wit, Lots One (1), two (2), Three (3), Four (4(, Nine (9), ten (10), Eleven (11) and twelve (12) in Block No. One hundred twenty-four (124) in the city of Osage, Mitchell County, Iowa, according to the recorded plat thereof and the buildings and appurtenances thereon. And I bequeath to her all my bank stock, being fifty (50) shares of stock of $100.00 each in the Farmer’s National Bank of Osage, Iowa, and all the surplus and earnings of said bank stock not heretofore distributed by said bank. That said bank stock shall be lieu of any life insurance that may be made payable to her at the time of my death, said real estate and personal property to be hers absolutely to do and dispose of as she may deem fit. The foregoing devise and bequest shall be in lieu of all her statutory rights in and to my estate.

Second. To my son, Ralph L. Whitley, I give and devise and bequeath to him the sum of One Thousand Dollars, ($1000,00) and the following described personal property to-wit, all of my medical Library, surgical instruments and all fixtures, one buggy, the best of the two single seated ones, my driving team known as Jim and Dan, and my Knight Templar Charm.

Third. To my son, Roy S. Whitley, I give, devise and bequeath the following described real estate to-wit,Lots Nos. five (5) and six (6) in Block No. One Hundred twenty-nine (129) in the City of Osage, Iowa, according to the recorded plat thereof, and I give, devise and bequeath to him the sum of One thousand dollars (1000.00), one bay mare known as Maud, and my Howard Movement gold watch case.

Fourth. To my daughter Clara R. Whitley, I give, devise and bequeath to her the sum of One thousand Dollars $(1000.00) and if there is sufficient remaining after all my debts are paid as hereinafter stated, and the special legacies to my wife and my children are paid, then I give of the remaining sum to my said daughter, Clara R. Whitley, five hundred dollars ($500.00) in additional to the One thousand dollars. I give, devise and bequeath to my said daughter, Clara R. Whitley, my pony called Queen Lill, and my gold ring, the one I always wear.

Fifth. To my son Merle L. Whitley, I give, devise and bequeath the sum of One thousand dollars ($1000.00) but said sum shall not be paid to him until becomes of age, and my diamond shirtstud, and if there if sufficient remaining after all my debts are paid as hereinafter stated, and the special legacies to my wife and my children are paid, then I give of the remaining sum to my said son Merle L. Whitley, five hundred dollars ($500.00) in additional to the one thousand dollars.

Sixth. I direct that all of the balance of the estate of which I may die seized and possessed, both real and personal, except the building on Main Street in Osage, Iowa, known as the Tallman building, shall after taking out of the above and foregoing specific devises and bequests, be used to pay my just debts and I direct that all of the real estate be turned into money and my life insurance which consists of $5000 in the Northwestern Mutual of Milwaukee, Wis., $2000 in the Bankers Life of Des Moines, Iowa, $2000 in the Modern Woodmen, and $1000 in Mystic Workers of the World, and all notes and accounts are to be collected as fast as practicable and used to pay the just debts and bequests, against the estate.
If there should not be sufficient to pay all of my just debts, after first taking out the specific devises and bequests to my said children then there shall be deducted from the devises and bequests to my said children share and share alike, enough to pay all of said debts. If after taking out all my just debts, there should be a surplus remaining, then my wife, Ada M.Whitley, shall have the use and benefit of the same as long as she may deem best, and if at her death there is a balance left, then in that case ,t he said balance shall go to my four children, share and share alike.

SEVENTH. I hereby appoint my beloved wife Ada M.Whitley and my son Ralph L. Whitley, Executors of this m y last Will and Testament, hereby exonerating them from giving bonds for the faithful performance of their duties as such. I hereby authorize my said Executors to sell and dispose of such of my estate as hereinbefore directed and authorize them without an order of the Court to execute conveyance thereof.

In Witness whereof I hereunto set my hand this Twelth day of March A.D., 1898. John L.Whitley