WILL: Frank M. Nixon

NIXON LONERGAN DARR SHERVIN MCILHENEY

Posted By: Marilyn O'Connor (email)
Date: 5/19/2009 at 13:40:53

WILL: Admitted to Probate on Feb. 10, 1919.
Frank M. Nixon died Nov. 29, 1919.

"I, Frank M. Nixon of Osage, Mitchell County, Iowa, being of sound and disposing mind and desirous of putting my affairs in order, do make this my last will and testament;
1st. I desire that all my just debts and expenses shall be paid from the personal property remaining at time of my death.
2nd. I give, devise and bequeath to my son Frank Nixon, whose present abode is unknown to me and from whom I have not heard for 25 years, the sum of fifty dollars to be paid to him or his heirs if there be any, if such appear within the time before the final settlement of my estate, if not, the same to be divided with the rest and residue among the other children.
3rd. I desire that from my personal property remaining at my death there shall be set aside a Trust Fund of ten thousand dollars for the benefit of my daughter, Alice Nixon, she to have the income from said fund for her use during her lifetime, at her death the principal sum together with accumulations, if any, to be divided among the seven children named in paragraph four, or to their issue if any, if not, the share which should have been given to that child to be divided among those of the seven surviving or their issue, and I charge the executors of this will that apart from this Fund they shall purchase for my daughter Alice Nixon, a small home using their best judgment and that this shall be paid from the personal property remaining at my death apart from the Trust Fund; that title shall be in the Trustees of this Fund or their successors and that upon the death of Alice Nixon the same shall be sold and the proceeds divided among the surviving children in the same manner as the principal sum of the Trust Fund before mentioned. Trustees to be Edgar Nixon and Birchard Brush, no bonds.
4th. I hereby give devise and bequeath to the seven children named below, Mamie Nixon Lonergan, Nellie Nixon Darr, Jennie Nixon Shervin, Sadie Nixon McIlheney, Walter Nixon, Edgar Nixon and Arthur Nixon, all the rest, residue and remainder of my property, both real and personal, wherever situated of which I may die possessed, to be divided among them share and share alike as follows: the house in town to be sold when in the judgment of the executors of this will a reasonable price can be secured (the household furniture and equipment to be taken by Alice Nixon as she desires), all personal property in the shape of notes or bonds of money on deposit in banks to be collected as soon as due and with the interest and the proceeds of the sale of the house in town to be divided at once among the seven just mentioned share and share alike,in case any one of these
seven died without issue, that share to be divided among the survivors share and share alike, the real estate to be sold at such time as the executors may select when a reasonable price may be secured and the proceeds divided as above directed, pending such sale the farm to be managed by my son Edgar, who shall receive as compensation for such labor his living and five hundred dollars per year clear to him, the balance of the profit from the farm to be held for the benefit of the other six children or their issue and divided share and share alike among them at such intervals as may seem best to the executors.
5th. I desire that if any of the above mentioned seven should refuse the terms of this will that the executors shall hold that share or shares until thirty days before the final settlement of the estate and that they shall then notify them that if not accepted such share or shares shall be divided among those who do so accept, and if they still refuse it shall be so divided among those accepting or their issue if any, if no issue, then that share or shares among the surviving children or their issue.
6th. I nominate and appoint as executors of this my will my son Edgar Nixon and Birchard Brush, both of Osage, Iowa, and I ask that they not be required to give bonds.
I hereby sign and declare this to be my last will and testament at Osage, Iowa, October 24th.
1918, consisting of one sheet of paper.

Signed Frank M. Nixon
(Duly witnessed by G. E Marsh and Otto G. Brandau.)