Probate Records


Cherokee County Will Records

Last Will of Albert Phipps
Know all men by these presents that I, Albert Phipps of the City of Cherokee, County of Cherokee and State of Iowa, do hereby make, declare and publish this instrument of writing as and for my last will and testament, hereby revoking all former wills by me heretofore made. First. I give, devise und bequeath unto my daughter Bethana A. Wakefield, the sum of One Hundred Dollars, payable to her in one year after my death, without interest, and unto her and her heirs and assigns forever. Second. I give, devise and bequeath unto my beloved wife Martha Phipps, during her lifetime and in lieu of all of her dower and homestead rights in my estate, the use, control, possession, rents and profits of all my property, both real and personal, and I direct that all my just debts and the legacy bequeathed to my daughter Bethana A. Wakefield, to be paid from said personal property, and my said wife is hereby authorized and empowered to use the principal or any part thereof of said personal property at any time, whenever the same shall be necessary in her judgment for her support, care and medical attendance, in addition to the income that she may receive from the real estate and personal property herein bequeathed to her during her lifetime, but she is not to use the principal of said personal property for any other purpose whatsoever, execept an mentioned aforesaid. I direct that my said wife Martha Phipps shall pay all taxes that may be assessed against all of said property and she shall make all needed repairs, that she may deem necessary to be made to said property and at her own expanse. Third. Upon the death of my said wife Martha Phipps, I devise and bequeath unto my daughter Mattie E. Prescott, the south half of the southwest quarter of section twenty six (26) in township ninety two (92) north of range thirty nine (39) West of the 5th 2. M. in Cherokee County, Town, and unto her and her heirs and assigns forever. Fourth. All the remainder and residue of my property, both real and personal at the death of said wife Martha Phipps, I give, devise and bequeath in equal shares, unto my sons Luther Phipps, John A. Phipps, Henry Phipps, Frank Phipps and Arthur I. Phipps and unto my daughter Addie H. Burroughs and unto them and each of them, their heirs and assigns forever. I have not given anything in my will to my son Nathan A. Phipps, as I have already advanced and given to him all the property, that I intended to give to him as his full share in my estate. Fifth. I hereby appoint and constitute my son John A. Phipps, as the sole Executor of this my last will and testament. IN TESTIMONY WHEREOF, I have hereunto subscribed my name at Cherokee Town, this 10th day of October A.D. 1898. (signed) Albert Phipps We, the undersigned witnesses, do hereby certify, that the above, within and foregoing instrument of writing consisting of one sheet of paper, was on the date thereof, signed by the said Albert Phipps in our presence, and who declared to us, that he signed the same as and for his last will and testament and at his request, in his presence and in the presence of each other have subscribed our names here to as witnesses hereof. (signed) James Payton Walter J. Coakes Opened, publicly read and filed on this 22d day of April A. D. 1901. E. J. Hornibrook, Clerk. ______________________ Affidavit of Decease State of Iowa, Cherokee County I, J. A. Phipps, do solemnly swear that I was acquainted with Albert Phipps during his lifetime, and that he departed this life at Cherokee, Iowa, in the State of Iowa, on the 10th day of April A. D. 1901. (signed) J.A. Phipps. Subscribed in my presence by the said J. A. Phipps and by him sworn to before me this 22d day of April A. D. 1901. E. J. Hornibrook, Clerk District Court in And for Cherokee County, Iowa. Filed this 22d day of April 1901. E. J. Hornibrook, Clerk.

Last Will of Albert Phipps

Know all men by these presents that I, Albert Phipps of the City of Cherokee, County of Cherokee and State of Iowa, do hereby make, declare and publish this instrument of writing as and for my last will and testament, hereby revoking all former wills by me heretofore made.

First. I give, devise und bequeath unto my daughter Bethana A. Wakefield, the sum of One Hundred Dollars, payable to her in one year after my death, without interest, and unto her and her heirs and assigns forever.

Second. I give, devise and bequeath unto my beloved wife Martha Phipps, during her lifetime and in lieu of all of her dower and homestead rights in my estate, the use, control, possession, rents and profits of all my property, both real and personal, and I direct that all my just debts and the legacy bequeathed to my daughter Bethana A. Wakefield, to be paid from said personal property, and my said wife is hereby authorized and empowered to use the principal or any part thereof of said personal property at any time, whenever the same shall be necessary in her judgment for her support, care and medical attendance, in addition to the income that she may receive from the real estate and personal property herein bequeathed to her during her lifetime, but she is not to use the principal of said personal property for any other purpose whatsoever, execept an mentioned aforesaid. I direct that my said wife Martha Phipps shall pay all taxes that may be assessed against all of said property and she shall make all needed repairs, that she may deem necessary to be made to said property and at her own expanse.

Third. Upon the death of my said wife Martha Phipps, I devise and bequeath unto my daughter Mattie E. Prescott, the south half of the southwest quarter of section twenty six (26) in township ninety two (92) north of range thirty nine (39) West of the 5th 2. M. in Cherokee County, Town, and unto her and her heirs and assigns forever.

Fourth. All the remainder and residue of my property, both real and personal at the death of said wife Martha Phipps, I give, devise and bequeath in equal shares, unto my sons Luther Phipps, John A. Phipps, Henry Phipps, Frank Phipps and Arthur I. Phipps and unto my daughter Addie H. Burroughs and unto them and each of them, their heirs and assigns forever. I have not given anything in my will to my son Nathan A. Phipps, as I have already advanced and given to him all the property, that I intended to give to him as his full share in my estate.

Fifth. I hereby appoint and constitute my son John A. Phipps, as the sole Executor of this my last will and testament.

IN TESTIMONY WHEREOF, I have hereunto subscribed my name at Cherokee Town, this 10th day of October A.D. 1898.
(signed)
Albert Phipps

We, the undersigned witnesses, do hereby certify, that the above, within and foregoing instrument of writing consisting of one sheet of paper, was on the date thereof, signed by the said Albert Phipps in our presence, and who declared to us, that he signed the same as and for his last will and testament and at his request, in his presence and in the presence of each other have subscribed our names here to as witnesses hereof.
(signed)
James Payton
Walter J. Coakes

Opened, publicly read and filed on this 22d day of April A. D. 1901.

E. J. Hornibrook, Clerk.
______________________

Affidavit of Decease
State of Iowa, Cherokee County

I, J. A. Phipps, do solemnly swear that I was acquainted with Albert Phipps during his lifetime, and that he departed this life at Cherokee, Iowa, in the State of Iowa, on the 10th day of April A. D. 1901.
(signed)
J.A. Phipps.

Subscribed in my presence by the said J. A. Phipps and by him sworn to before me this 22d day of April A. D. 1901.

E. J. Hornibrook, Clerk District Court in And for Cherokee County, Iowa.

Filed this 22d day of April 1901.

E. J. Hornibrook, Clerk.

Source: (Cherokee Co. Probate Files, Will Records, Vol 1-4, 1871-1916)