Will of T. McDonnell, 1894

MCDONNELL, JOYCE, OCONNOR, WRIGHT

Posted By: Volunteer (email)
Date: 1/19/2024 at 23:35:23

Be it remembered that on this 25th day of February, A. D. 1904, there was filed in this office a certified copy of the Last Will and Testament of T. McDonnell, deceased, with certificate of probate thereof, in words and figures the following, to-wit:

I, T. McDonnell of the city of Emmetsburg in the County of Palo Alto and State of
Iowa, being of sound disposing mind do make, publish, and declare this to be my last will and testament, hereby revoking any will or wills heretofore made.

Item 1: I direct that all my just debts and funeral expenses be first paid out of my Estate.

Item 2: All the rest residue and remainder of my Estate of which I may die seized or possessed or to which I may be entitled, I will devise and bequeath as follows:

First: to my beloved wife Sarah E. McDonnell I will and devise the following described Real Estate situated in the County of Palo Alto and State of Iowa, to-wit: lot numbers, Three (3) Four (4) Five (5) and Six (6) of block Number Thirty-Six (36) of Corbin and Laulers Plat of the town of Emmetsburg, Palo Alto County Iowa and according to the record plat thereof together with all the appurtenances thereunto belonging. Also Lots Numbers twenty (20) twenty one (21) twenty two (22) and twenty three (23) of block thirty seven (37) of Emmetsburg Iowa as plated and laid out by Justin Corbin & John Lauler, and according to the recorded plate thereof together with all the appurtenances thereunto belonging. Also Lots numbers Five (5) Six (6) Seven (7) Eight (8) Nine (9) and Ten (10) of block number Seventy-nine (79) of Corbin and Laulers plat of the town of Emmetsburg and according to their recorded plat thereof with all the appurtenances thereunto belonging.

I also will and devise unto my beloved wife Sarah E. McDonnell Block No. Twenty Six (26) in the Chicago Milwaukee and St. Paul Railway Company addition to Emmetsburg, Palo Alto County, Iowa. Also sub. Lots Numbers Two (2) Three (3) Four (4) Five (5) Six (6) Seven (7) Eight (8) Nine (9) Ten (10) Eleven (11) and Twelve (12) of the North Fast Quarter of Section No. Thirty-six (36) in Township No. Ninety-six (96) North of Range No. Thirty three (33) West of the 5th P. M. together all roads and highways running between said Sub. lots heretofore vacated by the board of Supervisors of Palo Alto County Iowa.

Also the West half of the North West Quarter (2) of Section Thirty (30) Township No. Ninety Six (96) North of Range No. Thirty three (33) West of the 5th P. M. subject to a certain contract of sale of said premises made between the said T. McDonnell and one Chris Wright.

Also the South East Quarter (2) of section No. Thirty six (36) in Township Ninety six (96) North of range No. Thirty three (33) West of the 5th P. M. except as hereinafter provided.

Second. To my mother Bridget McDonnell (if living) I will and bequeath the sum of Five Hundred Dollars (500.00) to be derived out of the proceeds of the sale of the South East Quarter (1) of Section No. Thirty Six (36) North of range No. Thirty three (35) West of the 5th P. M. heretofore willed and devised unto my wife Sarah E. McDonnell If my mother be dead then & in that case the said Sarah E. McDonnell to retain said sum for her use and benefit.

Third. To my sister Mary McDonnell if living, I will and bequeath the sum of Five Hundred Dollars ($500.00) to be derived out of the sale of the South East Quarter of Section No. Thirty six (36) in township No. Ninety six (96) North of range No. Thirty three (33) West of the 5th P. M. Heretofore willed unto my wife Sarah E. McDonnell, if my sister be dead then & in that case the said Sarah E. McDonnell to retain said amount for her use and benefit.

Fourth: To my brother John McDonnell I will and bequeath the following described Real Estate situated in Palo Alto County Iowa, to-wit: The South West Quarter of section No. Thirty six (36) in township No. Ninety six (96) North of range No. Thirty three (33) West of the 5th P. M.

I further will and devise unto my brother John McDonnell in trust for my nephew Edward McDonnell (son of my brother John McDonnell the following described real estate situated in Emmetsburg, Palo Alto County Iowa, to-wit: Lot Number Seven (7) of Block No. Twenty six (26) of the original Plat of Emmetsburg Iowa as platted and laid out by August Corbin and John Lauler and in accordance with their recorded Plat thereof, together with all the appurtenances thereunto belonging said real estate to become the property of my said nephew Edward McDonnell when he attains his majority, but it is my express will and that all the rents derived from said premises for five years next after this my last will and testament is probated, shall go to my wife Sarah E. McDonnell for her sole use and benefit.

Fifth: I further will and devise unto my wife Sarah E. McDonnell in addition to the real estate heretofore willed and devised to her herein the following described real estate: The South West Quarter of the North east Quarter (2) of Section No. Nine (9) in township No. Ninety Four (94) North of range No. Thirty one (31) West of the 5th P. M. Also the undivided on half (1/2) of the Middle one third (1/3) of lot No. Two (2) in block No. Thirty (30) in the incorporated town of Algona, Kossuth County Iowa, in accordance with the recorded plat thereof.

Sixth: I further will and bequeath unto my wife Sarah E. McDonnell all Personal Property of ever kind and nature including all notes, mortgages, contracts, bank accounts, monies, household and kitchen furniture and all other property (personal) that I now have or may hereafter acquire I hereby constitute and appoint my wife Sarah E. McDonnell Executrix of this my last will and testament and hereby exonerate
her from giving bond for the faithful discharge of her duties as such executrix.

I further will and bequeath unto my wife Saran E. McDonnell all rents derived from the following described premises to-wit: Lot No. Seven (7) of Block No. Twenty six (26) of Corbin & Laulers Plat of the town of Emmetsburg, Palo Alto County Iowa, for five years next after this my last will and testament is probated and the said Sarah E. McDonnell is to pay the taxes on said premises and to keep the same in repairs for the years she derive the rent therefrom.

In witness whereof I have hereunto set my hand this 10th day of October A D. 1894.

T. McDonnell.

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Be it remembered that on this 10th day of October 1894 the foregoing instrument was in our presence executed by the said T. McDonnell and by him 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 we have subscribed our names as witnesses hereto.

P. Joyce.
Thos. O'Connor.

Source: Kossuth County Will Record, Vol 1-4, 1861-1919