Probate Records


Cherokee County Will Records

LAST WILL AND TESTAMENT OF JOHN H. GOULD
Know all Men by these Presents: That I, John H. Gould, of Larrabee, Cherokee County, Iowa, being of sound and disposing mind, do make publish and declare this instrument, to be my last Will and Testament and hereby revoke any and all wills by me at any time heretofore made. First: I hereby direct the Executors of this will to first pay from my estate all of my just debts and funeral expenses as soon after my death as practicable. Second: I give and bequeath unto my wife, Mary Gould, a life estate in all of my property real or personal of which I may die seized, she to have all of the rents, profits and income from said property during the period of her life, and from such rents profits and income she shall pay all taxes and assessments against said property, and shall keep the buildings and property in a good state of repair, and said rental income and profits shall become the absolute property of my said wife. Provided however, that in the event that my said wife should re-marry, then in that case the above bequest is to be of no effect and cancelled, and in lieu thereof my said wife shall receive only her dower right, in my estate. Third: At the happening of the death of my wife, or at the happening of my death should I survive her, I direct the Executors of my will to take from my estate the sum of Seven Thousand Dollars, (7,000.00), and hold same in trust for the support and maintenance of my daughter Jessie Gould during her lifetime, it being understood that she shall be supported and provided with a suitable and comfortable home. Fourth: Subject to the life estate hereinbefore devised unto my said wife, and the trust fund for my said daughter Jessie Gould, I give and bequeath unto my children, Howard W. Gould, Walter Gould, Emma Davis and Edith Ogle, share and share alike the fee title to all of my property of whatsoever kind of which I may die seized. And in the event of the death of any of my said children before the death of my said wife, without leaving issue surviving, then I direct that the share herein devised to such child shall be divided equally among the surviving children share and share alike, and in the event that any of my said children should die before the death of my said wife, leaving issue surviving then said issue shall take among them the same share which the parent would have taken if living, share and share alike. Fifth: I nominate and appoint Howard W. Gould and Richard H. Gray as Executors of this my last will and testament and direct that they be permitted to qualify as such without requiring bonds. In witness whereof, I have hereunto set my hand and signed this instrument in the presence of the witnesses whose names are hereunto subscribed on this 20th day of October, A. D. 1914. (signed) John H. Gould Witnesses: Joseph V. Weimer, Larrabee, Cherokee Co, Iowa L. F. Harris, Larrabee, Cherokee, County, Iowa The foregoing instrument consisting of two typewritten pages including this sheet, was on this 20th day of October, A. D. 1914, duly signed in our resence by John H. Gould, and by him declared to be his last will and testament, and we at his request and in his pre sence and in the presence of each other have hereunto set our hands as witnesses on the date last above written. (signed) Joseph V. Weimer, Larrabee, Iowa. L. F. Harris, Larrabee, Iowa. Filed Nov. 27, 1914. F. J. Carpenter, Clerk District Court. By Litta Carpenter, Deputy. ______________________________ Affidavit of Decease State of Iowa, Cherokee County I, W. L. E. Appleyard do solemnly swear that I was acquainted with J. H. Gould during his lifetime, and that he departed this life at Sioux City, Iowa in the State of Iowa, on the 1st day of Nov. A. D. 1914. (signed) W. L. E. Appleyard. Subscribed in my presence by the said W. L. E. Appleyard and by him sworn to before me this 25th day of November A. D. 1914. (Seal) A. R. Molyneux, Notary Public in and for Cherokee County, Iowa. Filed this 27th day of Nov. 1914. F. J. Carpenter, Clerk.

LAST WILL AND TESTAMENT OF JOHN H. GOULD

Know all Men by these Presents: That I, John H. Gould, of Larrabee, Cherokee County, Iowa, being of sound and disposing mind, do make publish and declare this instrument, to be my last Will and Testament and hereby revoke any and all wills by me at any time heretofore made.

First: I hereby direct the Executors of this will to first pay from my estate all of my just debts and funeral expenses as soon after my death as practicable.

Second: I give and bequeath unto my wife, Mary Gould, a life estate in all of my property real or personal of which I may die seized, she to have all of the rents, profits and income from said property during the period of her life, and from such rents profits and income she shall pay all taxes and assessments against said property, and shall keep the buildings and property in a good state of repair, and said rental income and profits shall become the absolute property of my said wife. Provided however, that in the event that my said wife should re-marry, then in that case the above bequest is to be of no effect and cancelled, and in lieu thereof my said wife shall receive only her dower right, in my estate.

Third: At the happening of the death of my wife, or at the happening of my death should I survive her, I direct the Executors of my will to take from my estate the sum of Seven Thousand Dollars, (7,000.00), and hold same in trust for the support and maintenance of my daughter Jessie Gould during her lifetime, it being understood that she shall be supported and provided with a suitable and comfortable home.

Fourth: Subject to the life estate hereinbefore devised unto my said wife, and the trust fund for my said daughter Jessie Gould, I give and bequeath unto my children, Howard W. Gould, Walter Gould, Emma Davis and Edith Ogle, share and share alike the fee title to all of my property of whatsoever kind of which I may die seized. And in the event of the death of any of my said children before the death of my said wife, without leaving issue surviving, then I direct that the share herein devised to such child shall be divided equally among the surviving children share and share alike, and in the event that any of my said children should die before the death of my said wife, leaving issue surviving then said issue shall take among them the same share which the parent would have taken if living, share and share alike.

Fifth: I nominate and appoint Howard W. Gould and Richard H. Gray as Executors of this my last will and testament and direct that they be permitted to qualify as such without requiring bonds.

In witness whereof, I have hereunto set my hand and signed this instrument in the presence of the witnesses whose names are hereunto subscribed on this 20th day of October, A. D. 1914.
(signed)
John H. Gould

Witnesses:
Joseph V. Weimer, Larrabee, Cherokee Co, Iowa
L. F. Harris, Larrabee, Cherokee, County, Iowa

The foregoing instrument consisting of two typewritten pages including this sheet, was on this 20th day of October, A. D. 1914, duly signed in our resence by John H. Gould, and by him declared to be his last will and testament, and we at his request and in his pre sence and in the presence of each other have hereunto set our hands as witnesses on the date last above written.
(signed)
Joseph V. Weimer, Larrabee, Iowa.
L. F. Harris, Larrabee, Iowa.

Filed Nov. 27, 1914. F. J. Carpenter, Clerk District Court. By Litta Carpenter, Deputy.
______________________________

Affidavit of Decease
State of Iowa, Cherokee County
I, W. L. E. Appleyard do solemnly swear that I was acquainted with J. H. Gould during his lifetime, and that he departed this life at Sioux City, Iowa in the State of Iowa, on the 1st day of Nov. A. D. 1914.
(signed)
W. L. E. Appleyard.

Subscribed in my presence by the said W. L. E. Appleyard and by him sworn to before me this 25th day of November A. D. 1914.
(Seal)
A. R. Molyneux, Notary Public in and for Cherokee County, Iowa.

Filed this 27th day of Nov. 1914.
F. J. Carpenter, Clerk.

Source: (Cherokee County Probate Files, Will Records 1-4, 1871-1916)