Last Will and Testament for Patrick Shannon
Transcribed by Lyman Morrison , Jan. 22,1994
I Patrick Shannon of DeWitt, Iowa, being of sound and
disposing mind and memory do make declare and publish this
my last will and testament hereby revoking any and all
former wills by me made.
1st
I give devise and bequeath to M. W. Shannon, James McDermott
and Looke McDermott or to the survivors or survivor thereof
all my property in trust to rent the real estate and
collect the rents and income thereof and to pay my wife
Julia Shannon for the term of her natural life the one half
of said income and out of the remaining one half to pay the
taxes, Insurance and reasonable repairs and the costs and
expenses of the same including any charges that the Trustees
may make or be allowed for their services.
2nd
I direct my Trustees herein named to pay any and all my
debts not secured by mortgage in which I am in any way
obliged to pay. And to pay the remainder on the mortgage
indebtedness against the land first paying the Interest
thereon in each year.
3rd
I hereby authorize and empower my executors or trustees or
the survivors or survivor or any others appointed by the
court to borrow money and to execute mortgages on any of the
real estate I own at my death, to secure the payment
thereof. The money thus borrowed to be used only to pay the
debt existing against said land at the date of my death.
4th
I direct my Trustees or executors or the survivors or
survivor to hold said land for the term of Twenty One years
after the death of my wife and to rent the same and collect
the rents and to divide said rent after all the debts are
paid as herein provided including the Taxes, Insurance and
necessary repairs, equally among all of my children, namely:
Mary McDermott, John E. Shannon, M. N. Shannon, Rose Kinney,
T. L. Shannon, J. V. Shannon, Bridget Farrell, Wm. J.
Shannon, Julia Skelley and Frances Smith.
Except there is to be first to be taken out of the share
going to my son John E. Shannon the sum of $500.00 which
shall become a part of my estate, and out of the share that
is going to Wm. J. Shannon whose note I am on as security
for him the amount I or my estate will have to pay on said
note and out of the share that is going to T. L. Shannon the
sum of $700.00 which he is owing to me which with the amount
I or my Estate has to pay for Wm. J. Shannon shall go into
and become a part of my estate I do this to make them even
with the other children. Except as to my son J. V. Shannon
he is not to receive any part of my estate of the income
directly but the share that is going to him I devise to M.
N. Shannon as Trustee for the said J. V. Shannon and for his
family should he have any, said Trustee to use the income
for the benefit of said J. V. Shannon or for his family in
such a way and manner as in his judgement will best advance
his or their interests. If the said J. V. Shannon should
live to exceed the 21 years herein mentioned the said
Trustee is still to hold said property for his benefit
unless in the judgement of said Trustee the said J. V.
Shannon can with safety manage and care for his own property
whereupon the Trustee may release said property to said J.
V. Shannon.
5th
On the event of the death of any one of my family before the
expiration of the 21 years herein mentioned the income
going to the so dying shall go to the child or children of
his or her body, if she or he has any, if not his or her
share shall revert to my estate and be divided the same as
if no such child had lived at the date of my death.
6th
At the expiration of said 21 years all of my property real
person and mixed is to be divided among my childrens share
and share alike and on the event of any one or more of my
children dying before the expiration of said 21 years or
before my death leaving a child or children of their body
surviving their child or children shall inherit their
parents share of my property and I direct my Trustees or
executors to settle with all parties interested on the 1st
of March of each and every year.
7th
I direct my Executors or Trustees to procure a lot in a
Catholic cemetery for myself and any of my family who desire
to be buried in it, and pay for the same. If I have I have
not done so before my death. The size of twenty by twenty
five feet and put a stone wall around the same three feet
high above the ground and at least three feet deep below the
ground as soon can be done after my death and when the
death is all paid against my estate to erect a monument on
the center of the west wall around said lot which will cost
about $400.00, besides the foundation and to pay for the
same out of the income of the real estate before dividing
with the heirs as herein set forth.
8th
I nominate and appoint as Trustees and executors of this my
will M. N. Shannon, James McDermott and Looke McDermott
exempt them from giving any bonds or security whatever as
such Trustees and executors. I also appoint M. N. Shannon
Trustee to handle and care for my son J. V. Shannon's share
herein directed and exempt from giving any bonds or security
as such Trustee.
I call as witnesses to this my last will and testament my
friends B. B. Wolfe, T. L. Connole and R. L. Bourne of
DeWitt, Iowa and ask them to act as such witnesses dated at
DeWitt , Iowa this 2nd day of December, 1902.
Signed -----Patrick Shannon
We the undersigned witnesses have subscribed our names to
this instrument in the presence of Patrick Shannon and in
the presence of one and other and he has signed it in our
presence and declared it to be his last will and Testament.
Signed--B. B. Wolfe, T. L. Connole, R. L. Bourne.
(
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