Last Will and Testament of Fredrich Stephan, 1907

I, Fredrich Stephan of Boyer Valley Township, Sac County, Iowa, being of sound and disposing mind but realizing that I have not very long to live, do hereby make, publish and declare this to be my last will and testament, hereby revoking any and all wills by me heretofore made.

First. I desire that all my just debts be paid out of personal property or money left by me as speedily as possible after my death.

Second. Immediately after my death I desire my executor hereinafter named and hereby instruct him to take my body to St. Louis, Missouri, and have the same incinerated at the Crematory of the Missouri Crematory Association and I instruct him to pay all expenses incident to said trip out of the money or property belonging to my estate, including all expenses incurred by him in carrying out this request.

Third. I give, devise and bequeath to my wife Mary Stephan, formerly Mary Brehm, the undivided one half (being all my interest) of the North half of the south west quarter and the North west quarter of section Thirty four (34), also all of the south east quarter of section Twenty eight (28) all in township Eighty Eight (88) North, of Range Thirty seven (37) West of the 5th P.M. Sac County, Iowa subject however to the payment of the sum of five hundred dollar's which she shall pay to my executor within one year after my death, and this bequest to my wife is in lieu of all dower rights or interest in or to my estate, or rights or interest that she would be entitled to under the laws of the state of Iowa as my widow.

Fourth. I give, devise and bequeath to my two sons Fritz Stephan and John Stephan the South West quarter of Section Sixteen (16) in Township Eighty seven (87) North, of Range Thirty Eight (38) West of the 5th P.M. Sac County, Iowa, each to have an undivided one half of the same, subject however to the payment of fifteen hundred dollars ($1500.00) each to my executor within one year after my death and this bequest is conditioned on the payment of said sums.

Fifth. I give devise and bequeath to my two sons Henry Stephan and Philip Stephan the West Half of the South East quarter and the East half of the South West quarter of section seventeen (17) in Township Eighty Eight (88) North, of Range Thirty seven (37) West of the 5th P.M. Sac County, Iowa, each to have an undivided one half subject however to the payment by each of said sons within one year after my death of the sum of Fifteen Hundred dollars ($1500.00) to my executor, and this bequest is conditioned on the payment of said sums.

Sixth. I give, devise and bequeath to my son Gustave Stephan the North half of the North East quarter of Section Twenty three (23) in Township Eighty eight (88) North, of range Thirty seven (37) West of the 5th P.M. Sac County, Iowa, subject however to the payment to my executor within one year after my death of the sum of fifteen hundred dollars ($1500) and this bequest is conditioned on the payment of said sum.

Seventh. I give, devise and bequeath to my three daughters viz. Kate Schram, Lizzie Prestin and Louise Stephan each the sum of Twenty five hundred dollar ($2500.00) to be paid to them within one year after my death. Louise is sometimes called Lucy.

Eighth. I give, devise and bequeath to my son George Stephan the sum of Five hundred dollars ($500.00) to be paid to him by my executor within one year after my death.

Ninth. I give, devise and bequeath all the rest, residue and remainder of my estate, left after carrying out the provisions of this will in the preceding paragraphs thereof and the paying of all claims and charges against my estate, to my sons Fritz Stephan, John Stephan, Henry Stephan, Philip Stephan and Gustave Stephan each the one fourth and instruct my executor to pay or deliver the same to them when all the balance of my bequests and provisions herein have been carried out. I do not own the stock and machinery used and kept at the homestead; they are owned by my three sons Henry Stephan, Philip Stephan and Gustave Stephan and I do not intend to include them in this bequest, said sons shall have no claim for any shares or for labor done nor shall my daughters, the bequests herein made being payment in full therefor. This bequest in this paragraph does not include the furniture and household goods used and owned by myself and wife but I hereby give all the same to my wife to be her's absolutely.

I hereby appoint W. H. Hart of Sac City, Executor of this my last will and testament without bonds.

Signed at Sac City, Iowa, August 17, 1907
Fredrich Stephan

J. H. Stalford
Phil Schaller
We hereby certify that we signed the above and foregoing instrument of writing at Sac City, Iowa, August 17, 1907 at the request and in the presence of Fredrich Stephan, that he signed the same in our presence and declared the same to be his last will testament, that we signed the same in the presence of each other.
(signed)
J. H. Stalford
Phil Schaller
________________________________

AFFIDAVIT OF DECEASE.

I, W. H. Townsend do solemnly swear that I was acquainted with Fredrich Stephan during his lifetime, and that he departed this life at near Early, Sac County, in the State of Iowa, on the 31st day of May A.D. 1909.
(signed)
W. H. Townsend.

Subscribed in my presence by the said W. H. Townsend and by him sworn to before me this 31st day of May A.D. 1909.

SEAL.
Filed Jun 7, 1909
A.E. Baker, Clerk District Court.
W. H. Hart, Notary Public in and for Sac County, Iowa.

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Source: Sac County, Iowa Probate Files
Wills Vol. C-E 1908-1925

Submitted by a volunteer transcriber and uploaded by Lynn Diemer-Mathews on July 17, 2022.

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