Probate Records


Cherokee County Will Records

WILL OF ANIS S. BOOTH
Know All Men By These Presents: That I, Anis S. Booth, a resident of Tilden Township, Cherokee County, Iowa, being of sound mind and lawful age, do hereby make, publish and declare this instrument to be my last Will and Testament, hereby revoking any and all Wills by me at any time heretofore made. Item 1: I direct that all my just debts, including funeral expenses shall first be paid out of my estate. Item 2: I direct that all my household goods and furniture shall be divided equally between my six children, hereinafter named as they shall agree among themselves. Item 3: I am the owner of an undivided four-fifths interest in the northwest quarter of Section thirty four (34) Township ninety one (91) North, Range Forty Two (42) West of the 5th P. M., Cherokee County, Iowa, and my daughter Ethel N. Waller, is the owner of an undivided one-fifth interest therein, and I give and bequeath to my said daughter Ethel N. Waller to be hers absolutely eight acres to my said interest in order to make her an even forty acres as her own and request that she take the northwest quarter of the north west quarter of said section thirty four (34) as her one fifth interest, and said eight acres. Item 4: All the rest, residue and remainder of my property I give and devise in equal shares to my six children, namely Eugene E. Booth, Jesse O. Booth, Rufus E. Booth, James E. Booth, Charles M. Booth, and Ethel N. Waller, and I direct that the part of my property herein devised to my said son James E. Booth shall go to him free from any former debt, judgment, lien or claim whatsoever, as I desire he himself shall take this property as his own, and the same shall not be subject to any debts or claims of any kind, existing at the time of my death. Item 5: I further direct that the said Ethel N. Waller shall have the right for five years after the probate of my Will to purchase my remaining interest in the land above described at the price of $150.00 per acre, said price to be paid at any time within said five years, when she shall elect to so purchase sald premises, and that until said election has been made or until said five years has expired, none of my said sons shall have the right to mortgage, sell or encumber the said premises in any manner whatsoever, and shall during said time only have the right to receive the usual annual rental therefor, and during said time the said Ethel N. Waller shall have the right to occupy said premises by paying there for the usual ordinary rent therefor. Item 6: I nominate and appoint A. R. Molyneux of Cherokee, Iowa, as executor of this Will. Signed October 27, A. D. 1913. (signed) Anis S. Booth Witnesses: Elizabeth Petersen of Cherokee County, Iowa. Katheryn Caley of Cherokee County, Iowa. A. R. Molyneux of Cherokee County, Iowa. On this the 27th day of October 1913, the foregoing instrument consisting of two pages was signed in our presence by Anis S. Booth, who then and there declared the same to be her last Will and Testament, and at her request and in her presence, and in the presence of each other we have signed our names thereto as witnesses. Elizabeth Petersen Katheryn Caley A. R. Molyneux Opened, publicly read and filed Mar. 7, 1916. F. J. Carpenter, Clerk District Court. Affidavit of Decease. State of Iowa, Cherokee County I, A. R. Molyneux do solemnly swear that I was acquainted with Anis S. Booth during her lifetime, and that she departed this life at Tilden Township, Cherokee County in the State of Iowa, on or about the 27th day of February A. D., 1916. (signed) A. R. Molyneux Subscribed in my presence by the said A. R. Molyneux and by him sworn to before me this 7th day of March A. D., 1916. (Seal) C. J. Maher, Clerk District Court in and for Cherokee County, Iowa. Filed this 7th day of March 1916. F. J. Carpenter, Clerk. By Litta Carpenter, Deputy.

WILL OF ANIS S. BOOTH

Know All Men By These Presents: That I, Anis S. Booth, a resident of Tilden Township, Cherokee County, Iowa, being of sound mind and lawful age, do hereby make, publish and declare this instrument to be my last Will and Testament, hereby revoking any and all Wills by me at any time heretofore made.

Item 1: I direct that all my just debts, including funeral expenses shall first be paid out of my estate.

Item 2: I direct that all my household goods and furniture shall be divided equally between my six children, hereinafter named as they shall agree among themselves.

Item 3: I am the owner of an undivided four-fifths interest in the northwest quarter of Section thirty four (34) Township ninety one (91) North, Range Forty Two (42) West of the 5th P. M., Cherokee County, Iowa, and my daughter Ethel N. Waller, is the owner of an undivided one-fifth interest therein, and I give and bequeath to my said daughter Ethel N. Waller to be hers absolutely eight acres to my said interest in order to make her an even forty acres as her own and request that she take the northwest quarter of the north west quarter of said section thirty four (34) as her one fifth interest, and said eight acres.

Item 4: All the rest, residue and remainder of my property I give and devise in equal shares to my six children, namely Eugene E. Booth, Jesse O. Booth, Rufus E. Booth, James E. Booth, Charles M. Booth, and Ethel N. Waller, and I direct that the part of my property herein devised to my said son James E. Booth shall go to him free from any former debt, judgment, lien or claim whatsoever, as I desire he himself shall take this property as his own, and the same shall not be subject to any debts or claims of any kind, existing at the time of my death.

Item 5: I further direct that the said Ethel N. Waller shall have the right for five years after the probate of my Will to purchase my remaining interest in the land above described at the price of $150.00 per acre, said price to be paid at any time within said five years, when she shall elect to so purchase sald premises, and that until said election has been made or until said five years has expired, none of my said sons shall have the right to mortgage, sell or encumber the said premises in any manner whatsoever, and shall during said time only have the right to receive the usual annual rental therefor, and during said time the said Ethel N. Waller shall have the right to occupy said premises by paying there for the usual ordinary rent therefor.

Item 6: I nominate and appoint A. R. Molyneux of Cherokee, Iowa, as executor of this Will.
Signed October 27, A. D. 1913.
(signed)
Anis S. Booth

Witnesses:
Elizabeth Petersen of Cherokee County, Iowa.
Katheryn Caley of Cherokee County, Iowa.
A. R. Molyneux of Cherokee County, Iowa.

On this the 27th day of October 1913, the foregoing instrument consisting of two pages was signed in our presence by Anis S. Booth, who then and there declared the same to be her last Will and Testament, and at her request and in her presence, and in the presence of each other we have signed our names thereto as witnesses.
Elizabeth Petersen
Katheryn Caley
A. R. Molyneux

Opened, publicly read and filed Mar. 7, 1916.
F. J. Carpenter, Clerk District Court.

Affidavit of Decease.
State of Iowa, Cherokee County

I, A. R. Molyneux do solemnly swear that I was acquainted with Anis S. Booth during her lifetime, and that she departed this life at Tilden Township, Cherokee County in the State of Iowa, on or about the 27th day of February A. D., 1916.
(signed)
A. R. Molyneux

Subscribed in my presence by the said A. R. Molyneux and by him sworn to before me this 7th day of March A. D., 1916.
(Seal)
C. J. Maher, Clerk District Court in and for Cherokee County, Iowa.

Filed this 7th day of March 1916.
F. J. Carpenter, Clerk. By Litta Carpenter, Deputy.

Source: (Cherokee Co. Probate Files, Will Records, Vol 1-4, 1871-1916)