WHITAKER, Daniel B. (WILL)

WHITAKER WHITLEY LARSON WILKINSON

Posted By: Marilyn O'Connor (email)
Date: 5/17/2012 at 18:45:15

LAST WILL AND TESTAMENT

“I, Daniel B. Whitaker, of the City of Osage, State of Iowa, being of sound an disposing mind and memory, do hereby make, declare and publish this instrument as, and for my last will and testament, being the only instrument of such character ever made by me:

First: All my just debts, expenses of administration my estate are to be paid by the executors hereinafter named.

Second. In determining the property of my estate and the value thereof, I intend and direct that any advancements already made, named, or any thereof, shall be included as assets, limited, however, as to my said daughters as provided by the next succeeding paragraph of this instrument.

Third. I give and bequeath the sum of ten thousand dollars to each of my three daughters, to-wit: Gertrude Whitley of Osage, Iowa, Emma J. Larson, now of Cedar Rapids, Iowa ,and Lou M. Wilkinson,
now of Hollywood, California; the said bequests to be paid within six months from the date of my demise without interest. If, at the time of my decease, advancements have been made by me to my said daughters, or any thereof, at any time, and the same have not been returned or repaid, the amount thereof advanced to each shall be deducted from the bequest to her, receiving the said advancement. In case the advancements to any of them shall exceed the bequest to her, the excess shall be released to her, and no claim or demand therefor shall exist, or be made for any part thereof in behalf of my estate; such excess shall be treated as an additional bequest to such daughter or daughters.

Fourth, I give and devise to my wife, Emma J. Whitaker, one-third of all property of which I may die
seized or possessed, wherever situate, except that, as a part of this share, I give and devise to her the whole of the west two-thirds of Lot No. Eleven (11) in Block One Hundred thirty-five (135) of the City of Osage, Iowa, according to the recorded plat of said City, the same to be received and accepted by her as a part of her final settlement and distribution of my estate. This provision in behalf of my wife is not diminished, or in any manner affected by the provisions contained in preceding paragraph Third.

Fifth. The rest, residue and remainder of all property, real, personal and mixed, of which I may die seized, I give and devise to my son, Glen D. Whitaker, now of Osage, Iowa, one-half of which may be

surrendered to him within six months following my decease, but I desire and direct that the remaining one-half be retained in my estate to be controlled and managed by my executors until my son shall arrive at the age of forty years when the same shall be surrendered to hi m, he to have the net income derived therefrom during the intervening years.

Sixth. I nominate my wife, Emma J. Whitaker, and my said son, Glen D. Whitaker, as executors of this my last will, and waive all bonds on their part in excess of the sum of thirty thousand dollars. And I and grant unto the said executors full authority and power to sell and convey any and all real estate of which I shall die seized, at any time, and at such price, or and without application to, or the approval of any court for such purpose
Dated Osage, Iowa, October 3, 1922. Daniel B. Whitaker”
(Duly witnessed by A. E. Brown and G. E. Marsh.)

“ I Emma J. Whitaker, of the City of Osage, Iowa, voluntarily represent and declare, that I am the wife of Daniel B. Whitaker, who executed, and whose name is affixed to, the within and foregoing last will and testament; that I have read and examined said instrument, and fully understand all provisions thereof, and to the same I cheerfully assent; that the provisions thereof in my own personal behalf are approved, and satisfactory to me, and I consent to accept the same, upon the demise of my said husband, in lieu of all dower, or other rights and of my distributive share in the property and the estate of my said husband, which might exist in my behalf under the law if said will had not been executed; and I consent and direct that, upon the probate of said will, this written acceptance on my part shall be filed in the court, where said will shall be probated, and made a part of the record in the administration upon my said husband’s estate, and the same shall be considered and treated as my free consent to the settlement of said estate and division and distribution thereof in accordance with the provisions of said will.
Dated, Osage, Iowa, October 2, 1922. In presence of A. E. Brown G. E. Marsh

Emma J. Whitaker.”