Probate records for Patrick Shannon
Transcribed by Lyman Morrison, Jan. 22,1994
IN THE DISTRICT COURT OF THE STATE OF IOWA;
IN AND FOR THE COUNTY OF CLINTON
In the matter of the Estate of Patrick Shannon, Deceased
PETITION
To said court:
Your petitioners, M. N. Shannon, James McDermott, and Luke
McDermott, as executors and trustees under the will of said
deceased, and your petitioners, Mary McDermott, John
Shannon, and M. N. Shannon, Rose Kinnie, T. L. Shannon, J.
V. Shannon and Francis Smith, represent to said court:
That on or about the 2nd day of December, 1902, said Patrick
Shannon, made, and executed an instrument in writing,
purporting to be his last will and testament, which said
instrument was on the 2nd day of June,1903 opened, read and
filed in the office of the Clerk of said court.
That on the 2nd day of June, 1903, the said court fixed a
time for the hearing and purporting of said instrument,
which order is of record in probate docket 22, on page 323,
in the office of said Clerk.
That on the 5th day of June, 1903, the said court admitted
the said instrument to probate as and for the last will and
testament of said Patrick Shannon, deceased, as appears by
the records in said probate court.
That all of the heirs of said deceased and persons
interested in his said will did not have notice of the
probating of said will, your petitioner, Rose Kinnie, having
received no notice thereof whatsoever.
Your petitioners further state that the said Patrick
Shannon, at the time of executing the said instrument was
not of sound and disposing mind, and was incompetent to make
a legal will, in this that he did not possess a mind
capable of exercising judgement, reason and deliberation,
and capable of weighing the circumstances of his will, to a
reasonable degree, and the effect of it upon his estate and
family, and that he was incapable of comprehending the
proper interests and determining the disposition thereof.
That the said will is unnatural and the dispositions of
property thereunder is unreasonable and that the said
deceased was incapable of exercising judgment, reason and
deliberation and did not understand the consequences of said
instrument and its effect upon his relatives and estate.
That the said deceased was incapable of transacting business
affairs in any way whatsoever, his mind having become
unsound and brought into that condition by reason of
excessive and extreme worry over serious financial losses,
occurring to him in the last 8 or 10 years, prior to his
death.
That the said deceased had been during and throughout his
life a man successful in business affairs until about 10
years prior to his death, when he purchased certain
properties, which he was unable to dispose of at anything
near their cost price, and that by reason of such unwise
investment, he met with a serious loss, in fact to the
extent of many thousand of dollars, thereby causing him
great worry, mental trouble and suffering and which worry
and mental trouble in conjunction with the loss attendant
upon old age, and in conjunction with disease and the
sickness which eventually caused his death, rendered him
unsound mind and incapable of transacting business affairs,
incompetent to make a legal will and entirely wanting in
such testamentary capacity as the law presumes, in person
making such an instrument.
Your petitioners further state that the said deceased left
no personal property, his entire estate consisting of a
tract of land in said county, of about 400 acres in extent
and worth from 50 to 60 dollars per acre, that the said land
is incumbered by a mortgage to the extent of Six Thousand
($6000) dollars, and that to allow the said will to stand,
and the disposition of property thereunder to stand, would
be unreasonable, unjust and unnatural, in as much as the
land, if allowed to remain subject to the trust provided for
in said instrument would in all probability deteriorate, in
value, there would be but little income thereof and the
legatees thereunder would receive but little if any value,
before at least 30 years from this time; It being provided
in said will that the said property shall remain in the
hands of said trustees until a period of 21 years, after the
death of the widow of said deceased, who is a woman of
about______years of age, with an expectancy of 8 or 10 years
of life.
That the said widow refuses to accept the provision made for
her by the said deceased, under his said will, but declares
her intention to take her distributive share as provided for
under the statues of the state of Iowa, which would further
complicate matter, surrounding the said property and said
estate.
That the said executors have never qualified as such and
have never taken charge of the affairs of such estate, under
the orders heretofore issued by said court and that the said
children of said deceased and the said widow were not
advised of the terms of said will until some time after the
admitting of same to probate, and that the said Rose Kenney
had no notice or knowledge of the time set for the probating
of said instrument, and knew nothing of the terms thereof
until long after the same had been admitted to probate as
aforesaid.
Your petitioners further state that the undersigned, Julia
Shannon, is the widow of said deceased, and that the
undersigned Mary McDermott, John E. Shannon, M. N. Shannon,
Rose Kenney, T. L. Shannon, J. F. Shannon and Francis
Shannon are the widow and all of the heirs of said deceased,
except Bridget Farrell, Wm. J. Shannon, and Julia Skelley;
that the said widow and all the undersigned heirs are all
residents of the state of Iowa, the said Wm. J Shannon, a
resident of Chicago, Ill, Bridget Farrell a resident of
Davenport, and Julia Skelly a resident of the State of
Missouri.
Your petitioners further state that the said widow and all
of the said children of said deceased together with said
trustees or executors join in the prayer of this petition
herein and that all are agreed in all matters in connection
with the settling up of said estate and are prepared to
fully settle up and divide the said lands and the property
of said estate, without difficulty, or litigation in any way
whatsoever, and that the said trustees are willing to turn
over to J. V. Shannon his interests in said estate.
Your petitioners state that they are willing to comply with
the request or suggestion of said deceased, with reference
to a monument and burial lot as is set forth in said
instrument and the said executors and trustees hereby
signify their willingness to resign and lay aside such trust
and join in prayer the of this petition.
Wherefore your petitioners pray that the said instrument
purporting to be the last will and testament of said
deceased be hereby ordered by said court, set aside and be
declared void and of no effect, and that the admitting the
same to probate as hereinbefore set forth be set aside and
that said court decree the said deceased to have died
intestate and for such other further relief as may be
equitable in the premises and in accordance with the sharing
made and ask the said court to set a day for the hearing of
your petitioners herein upon this petition and to prescribe
such notice thereof as desired and that upon such hearing
such relief may be had and such heirs may as hereinbefore
asked.
_________________
Attorney for petitioners
Clinton County,
State of Iowa;
We Julia Shannon and Rose Kenney being duly sworn, depose
and say that we are the parties named in the above and
foregoing petition as the widow and one of the daughters of
Patrick Shannon, deceased, that we have heard said petition
read, know its contents and believe the same to be true.
______________________
______________________
Subscribed and sworn to before me this day of December,
1903.
_______________________
Notary Public.
[Note: all signatures were left blank. LM]
[Here is a description of the real estate, it is in poor
hand writing. LM]
The west 1/2 of the east half the east half of the South
east quarter of section twenty three.
The S1/2 NE1/4 & NW1/4 SE1/4 of sect. 25 & The SE 1/4 of
SE 1/4 of Sect.24. All in Township eighty two (82) North of
______four. East of five P. M.
This was on a court document listing all of the heirs or
legatees in legalese. The above document came form the
Clerk of Court, I don't understand why it would not have
been signed and dated. At this time I do not know the
outcome of this petition. It seems as though it should have
been granted.
Aug 1994, Lyman Morrison
Application for an order to sell Real Estate
In the District Court of the State of Iowa in and for
Clinton County
In the matter of of the estate of Patrick Shannon; In
Probate. Deceased.
Your petitioners respectfully states that they are the
Executors of the estate of Patrick Shannon deceased
appointed by the Court duly qualified and now acting as
such.
That on the 9 day of May 1904, they filed in this court
their report showing a full statement of all the claims
against said Estate and therein rendering a full account of
the disposition made of the personal property belonging to
said Estate.
That as shown by said report which has been approved by this
Court the unpaid claims against said estate amount to the
sum of Eight Thousand Two hundred forty Three 50/00 Dollars.
That there is no moneys in the hands of the Executors that
the total indebtedness of said Estate over and above the
personal assets is the sum of Eight Thousand Two hundred
forty Three 50/00 Dollars.
That the decedent died seized of the following described
real estate, to wit; The West half of the East half and the
East half of of the south east quarter of Section Twenty
Three (23) and the North West quarter of the South East
Quarter and the South West Quarter of the North East quarter
of Section Twenty Five (25) and the South East quarter of
the South East quarter of Section twenty four (24) all in
township eighty two (82) North Range Four (4) East of the 5
P. M. Also the South east quarter of the North East quarter
of Section Twenty five (25) Township eighty Two (82) North
Range Four (4) East of 6 P. M.
That all of the land in Said Section Twenty five has been
set of ___ the widow of said Patrick Shannon as her due
third interest in said Real Estate which leaves belonging to
the estate under the control of the executors the land in
section Twenty Three (23) and Twenty Four (24) above
described which is of probable value of Seventeen Thousand
00/00 Dollars.
That the following are the names and residences of the heirs
of said deceased, Mary McDermott John E. Shannon M N.
Shannon Rose Kenney Frances Smith T. L. Shannon in
Clinton county Ia. Wm J. Shannon Chicago Ill. Jerry V.
Shannon St. Joe Miss. Julia Skelley Hail Mrs. Bridget
Farrell of Davenport. Ia.
All of whom are of age and that he left a will and all of
whom are devisees under the will. That it is necessary for
paying off the claims against said estate to sell said real
estate to wit; The West half and the East half of the South
east quarter of Section Twenty four (24). All in Township
Eighty Two (82) North Range Four (4) East of the 5 P. M.
Wherefore your petitioners asks that an order be made by the
court empowering and ordering them to sell at private or
public sale the following described real estate. The West half
and the East half of the South East quarter of Section
Twenty Three (23) and the South East quarter of the South
East quarter of Section twenty four (24) all in Township
Eighty two (82) North Range Four (4) East of 5 P. M. for
cash.
M. N. Shannon
James McDermott
State of Iowa
Clinton County We M. N. Shannon James McDermott
being duly sworn on oath depose and say that we are
executors herein named that we have heard this petition read
we know its contents are true as I believe.
Signed M. N. Shannon
James McDermott
Subscribed in my presence and sworn by M. N. Shannon James
McDermott
This 9th day of May 1904
R. B. Wolfe
Notary Public
Affidavit
Know to all men by there presents that we James McDermott M.
N. Shannon & Luke McDermott as principal and Mary McDermott
Frances Smith Wm Burke Jos J McDermott John Mangan
William McDermott Sureties all of the County of Clinton and
State of Iowa are held and firmly bound unto Clinton County
State of Iowa and all personally interested herein in the
final sum of Thirty Three thousand Two hundred 00/100
dollars for the payment of which will and truly to be made
we do jointly and severally find ourselves and our lawful
representatives by there presents.
The condition of this obligation is such that whereas the
said James McDermott M. N. Shannon & Luke McDermott as
Executors of the estate of Patrick Shannon deceased was on
the __ day of ___ 1904 authorized and empowered by the
District Court of Clinton County Iowa to sell the following
described estate The West half (1/2) of the East half (1/2)
the East (1/2) of the South East Quarter (1/4) of Section
Twenty Three and the South East quarter of the South East
quarter of Section twenty four (24) all In township Eighty
Two (82) North Range Four (4) East of the 5th P. M.
Now therefore if James McDermott M. N. Shannon & Luke
McDermott the above bonded will account for the proceeds of
said real estate and apply the same as required by law then
this obligation to void otherwise to be and remain in full
force and effect
Signed James McDermott M. N. Shannon Luke McDermott Mary
McDermott Frances Smith Wm Burke Jos J McDermott John
Mangan William McDermott Sureties
Subscribed in my presence by said above named parties and by
them sworn to before me this 5 day of March 1905
R. B. Wolfe
Petition for Sale, March 7, 1905
State of Iowa Clinton County, In The District Court
Clinton County
In the Matter of The Estate of Patrick Shannon Deceased,
Report of sale of real estate.
Comes now James McDermott Executor of the estate of Patrick
Shannon deceased and states that at the June term 1904 of
this Court they were authorized and empowered by said court
to sell the following described real estate belonging to
daid Estate to wit; The West half (!/2) of the East half
(1/2) The East half (1/2) of the South East quarter (1/4) of
Section Twenty Three (23) and the South East quarter (1/4)
of Section Twenty Four (24) T. P. 82 W. Range 4 East 5 P. M.
That on the 7 day of Mar. 1905 they filed in said court a
bond in the sum of Thirty Three Thousand Two hundred 00/100
dollars with sureties approved by the clerk of said court
and that on the 6 day of July 1904 said real Estate was duly
appraised at the Sum of Fifteen Thousand Six hundred &
Forty 00/100 dollars which appraisement has been filed in
this Court
That at public sale on the 4 day of Jan 1905 they sold the
South East quarter (1/4) of The South East quarter (1/4) of
Section Twenty Four (24) Township Eighty Two (82) North
Range Four (4) East of the 5 P. M. to M. N. Shannon for the
sum of Thirty one hundred dollars cash it being the highest
price for which they could sell the same.
That at private sale on the 20 day of Feb. 1905 They sold
The West half (1/2) of the East half (1/2) and the East half
(1/2) of the South East quarter (1/4) of Section Twenty
Three (23) in Township Eighty Two (82) North Range Four
(4)South of the 5th P. M. to M. N. Shannon for the sum of
Thirteen Thousand Five hundred dollars cash, it being the
highest price for which they could sell the same that they
had advertised a public sale of the entire property and so
offered the entire property for sale at public sale on the
4th day of January 1905, but they got no bid on said day of
public sale for the land in Section Twenty Three (23) herein
described and afterwards sold the same at private sale as
herein reported
That they have received the money for said real estate and
has executed a deed to the said M. N. Shannon which he
herewith presents to this Court for approval That we think
it to be advantageous sale.
Therefore they pray that this report be approved and the
said deed after approval be ordered delivered to M. N.
Shannon the purchaser.
James McDermott M. N. Shannon Luke McDermott
Executors
State of Iowa Clinton County We James McDermott M. N.
Shannon & Luke McDermott bing duly sworn on oath before and
say that we are the executors herein named that we have
heard this report read know its contents and the statements
therein contained are true as we believe. M. N. Shannon
James McDermott
Subscribed in my presence and sworn to before me by the
named James McDermott M. N. Shannon & Luke McDermott this 4
day of March 1905.
R. B. Wolfe
Notary Public
I have tried to type this exactly as it has appeared in the
hand written text.
Lyman Morrison
(
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