WILL: TITUS B. M.

TITUS HILTON

Posted By: Marilyn O'Connor (email)
Date: 11/14/2011 at 20:53:32

LAST WILL AND TESTAMENT

I, B. M Titus, of the City of Osage, County of Mitchell and State of Iowa, do hereby make, execute, publish and declare the following instrument as and for my last will and testament:

1. It is my wish and will and I direct that my just debts shall be paid.

2. Prior to my marriage to my wife, Nettie Titus, we signed and executed an antenuptial contract, providing that in the event of my death during the continuance of my marriage relation with her that if she should survive me she should receive an undivided one-third interest in all the real and personal property which I might own at the time of my death, which was to be in full of all claims of every kind and nature which she would have against my estate as widow. Having this in mind, in order to carry out the terms of the same, in case my said wife, Nettie Titus,is my wife and becomes my widow at my death, and in case she survives me, then I give, devise and bequeath to my said wife,Nettie Titus, an undivided one third interest in the property of which I may die possessed remaining after the payment of my just debts. This said one-third is to be hers only in case she survies me and is given in lieu of any other share with she might have otherwise under the law.
3. In case my said wife, Nettie Titus, does not survive me, or in case she is separated from me by legal proceedings, and is no longer my wife, then and in that case to my four children, William B. Titus, Una Hilton, Bert M. Titus and Fred A. Titus, I give, devise and bequeath the protion which would otherwise go to my said wife as set forth in paragraph 2 hereof, the same to be divided among my said children share and share alike.

4. All the rest, residue and remainder of my property, real, personal and mixed, I give, devise and bequeath absolutely and in equal shares to my four children, William B. Titus, Una Hilton, Bert M. Titus and Fred A. Titus.

5. In case any of my said children are dead at the time of my death, then I give, devise and bequeath the share which would have gone to such child in case such child had survived me to the legal heirs of the said child, or children.

6. I hereby nominate and appoint my son, Fred A. Titus, as executor of this my last will and testament, and exonerate him from giving bonds and I further give him full right and authority to sell and convert into money all property of which I may die possessed, real, personal and mixed and whereever situated, without order of court.

To this my last will and testament I have signed my name at Osage, Iowa, on this 24th day of April, 1920. (Signed) B. M. Titus