These were the headlines of a newspaper clipping taken from a Mount Ayr newspaper in probably 1939, concerning the following unusual wishes of one James HOGAN.

James livede at Maloy for 42 years and yet no one knew anything about his ancestry or early history. The death certificae states that he was from Ireland. He died at his farm home near Maloy May 2, 1904 at the age of 80. This calculates him to have been born in 1827 and to have arrived in this community in 1862.

The earliest township map we have is in 1894, and it shows he owned 80 acres (N 1/2 of NE 1/4 of Sec. 11) and 52 acres in the NW 1/4 of NW 1/4 of Sec. 16 and down in to SW 1/4 of Sec. 16. His ashes are bured at the Benton Cemetery and marked with a stone.

Elizabeth LYNCH has a copy of the above mentioned newspaper clipping and also has access to the abstract for this piece of land which gives all the details of the hassle that was involved in finally getting clear title to the land.

The will reads thus:

FIRST, I want my body, after death, to be taken to the nearest crematory and therefore reduced to ashes.

SECOND, I will that my farm situated in Benton Township, Ringgold County, Iowa, consisting of one hundred and thirty-two acres be leased to Samuel H. GARARD at a rental of one hundred dollars ($100.00) per year to be paid annually as herinafter directed for twenty-five years, no farming to be done on the farm. And the said Samuel H. GARARD must keep fences in good repair during this time and paint the house every four years and pay the taxes and keep this farm clear of weeds and all trash and cut no green timber and no part of this labor to be paid out of the one hundred dollars rental but the one hundred dollars in full be paid to my executors hereafter named. At the end of twenty-five years after my decease, I direct my executor to sell the farm at public sale to the highest bidder and the money is to be paid to the different orphan homes in the state of Iowa, share and share alike, and all other money that comes into the hands of my executor to be disposed in like manner and that Samuel H. GARARD is to dig a stock well and wall it with brick and keep it in good repair during the time of his leashold. The Samuel H. GARARD is to plant the lot west of the house in fruit trees of good variety and build a smokehouse, and I hereby appoint J. M. HARTLEY as my executor without bond to settle my business and to see that the provisions of this will are properly executed.

Duly witnessed by W. A. MATTHEWS and A. HARRINGTON.

The abstract continues on the proceedings and I continue in part:

May Term, 1938

In the Matter of the Trusteeship of James HOGAN, deceased.

Comes now H. C. BEARD, the duly appointed, qualified and acting trustee of James HOGAN and shows to the court:

That said James HOGAN died on or about 2nd day of May, 1904, and that this trustee was appointed to succeed J. M. HARTLEY, who qualified under said will, and acted as executor until his death in March of 1918.

It was determined at this time that there were 36 orphan homes in Iowa, all anxious to receive some of the money from the estate.

January 1939, Clyde LESAN, W. B. CUNNING and Frank F. WILSON were appointed to appraise the real estate. Said sale shall be at private sale with trustee giving bond of $200.00.

Feb. 6, 1939 that by virtue of an order of this court, the real estate in the above estate was offered for sale on the 6th day of Feb. and was on that date sold to Jennie O'CONNOR, the highest and best bidder for the sum of $3,603.27 and that $541.59, being 15% of the purchase price has been paid, and a written contract entered into.

Then on December 11, 1939, the Iowa Evangelical Lutheran Orphans Society of Waverly filed a case saying the Court finds that in part the purchaser has object to the title of the provisions of the will of James HOGAN, and that an abstract and title can not be provided to purchase because the provisions of the will were not carried in the exact manner directed by the will.

After much ado the farm was sold at public auction as directed by Mr. HOGAN and was purchased by E. G. CULVER who bid the sum of $3,603.27 and a contract was entered into and 10% of the purchase price paid.

SOURCE: Maloy, Iowa Centennial History: 1887 - 1987 p. 73. 1987.

Courtesy of Mount Ayr Public Library

Transcription by Sharon R. Becker, August of 2011