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In the name of God Amen. I, Jeremiah Hart, being of sound mind and memory do make and publish this my last will and testament hereby revoking all former wills by me heretofore made, and I provide as follows: Firstly. After my death I desire that all my just debts shall be paid from the estate of which I die seized. Secondly. At my death I give and bequeath to my dear wife, Julia A. Hart, during her life, should she survive me, a life estate in and to one third of all the property of which I die seized in lieu of dower. Thirdly. At my death after the payment of my just debts I give and bequeath to my son, W.H. Hart, the sum of Fifteen Hundred dollars ($1500) to be paid to him by my executor from my estate within fifteen months from the date this my will be probated. This amount is not so much as my other three children will receive as I make it smaller because of the fact that they have helped earn the excess of my property. The amount I bequeath to said son is more than half of the property I had when I came to Sac City, prior to which time said son had been doing for himself, and I trust he will understand that I am trying to be equitable and just in this final distribution of my estate. Fourthly. At my death after the payment of my just debts and of the bequeath of Fifteen Hundred dollars ($1,500) heretofore herein provided for my son W. H. Hart, and in case my wife survive me after payment of her bequests herein by me heretofore provided, I give and bequeath to my three sons, Charles E. Hart, J. L. Hart, Clarence E. Hart, all the rest residue and remainder of the estate of which I die seized, share and share alike each one-third, and in case I survive my wife then in that event the part I have provided herein heretofore for my wire I give and bequeath to said three sons, share and share alike, and in case she survive me and take under this my will in lieu of dower then in that event at my death I give and bequeath to said three sons last named herein the fee estate in the property to which I have given my wife a life estate. Should any of said three sons die prior to my death then and in that event I give and bequeath to the legal heirs of such son or sons the part heretofore provided for said son had he survived me. Fifthly. I do not provide for an executor in this my will but ask that my heirs and beneficiaries agree upon someone, or if not then that the court appoint an administrator with the will annexed, to settle my estate. (signed) Jeremiah Hart We, S. M. Elwood and Dottie Speyde each of Sac City Iowa, each hereby certify that we were present and saw the testator, Jeremiah Hart, sign the foregoing will of two pages, and that at his request and in his presence and in the presence of each other, we have hereunto signed as witnesses thereto this 31st day of January 1910. S.M. Elwood Dottie Speyde, Witnesses ______________________ Codicil. (Click to see image.) Sac City, Iowa. August 4th, 1910. I, Jeremiah Hart, being of sound mind do hereby make and publish this following codicil to my will as above written. My wife has recently died and the bequest to her provided was that she survive me. As she has gone, the part that would have gone to her had she survived me I give & bequeath on my death to my three sons Clarence Hart, Charles Hart and Jerry Lee Hart each one third, share and share alike. I hereby nominate and appoint my sons Clarence Hart and Charles Hart executors of this my will and codicil as made as above Jan. 31st, 1910 and on this day and waive bond. (signed) J. M. Hart We, S. M. Elwood and Sadie J. Elwood each of Sac City, each hereby certify that we were each present & saw the testator Jeremiah Hart sign the foregoing codicil as written in pen by S. K. Elwood and that at his request and in his presence and in the presence of each other we have hereunto signed as witnesses thereto this 4th day of August 1910. S. M. Elwood Sadie J. Elwood Filed Sept. 13, 1910. A.E. Baker, Clerk District Court. __________________________ AFFIDAVIT OF DECEASE State of Iowa, Sac County: I, W. H. Hart, do solemnly swear that I was acquainted with Jeremiah Hart during his lifetime, and that he departed this life at Sac City, Sac County, in the state of Iowa, on the 10th day of Sept. A. D. 1910. Suscribed in my presence by the said W. H. Hart and by him sworn to before me this 13th day of September, 1910. SEAL Filed Sept, 13, 1910. A. E. Baker, Clerk District Court A. E. Baker, Clerk District Court in and for Sac County, Iowa. ************************************* Source: Sac County, Iowa Probate Files Wills Vol. C-E 1908-1925 |
