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Jackson County, Iowa Probate, Estate Sales & Wills

Last Will and Testament of William C. Boardman

I, William C. Boardman, of Maquoketa, Jackson County, Iowa, being of sound disposing mind and memory, do hereby make, publish and declare this my last will and testament hereby revoking and annulling all other wills heretofore made and executed by me.

FIRST: I direct that all my just debts be paid, including all such bills for medical attendance and expenses of last sickness as shall be proper charges against my estate.

SECOND: I direct that my executors shall procure and erect at my grave a head stone to be like that erected at the head of the grave of my deceased wife and adopted daughter Mary, and with the same inscription and similar engraving as upon the headstone and monument there erected.

THIRD: I will and direct that if within one year after my decease a corporation shall be organized in the City of Maquoketa in the County of Jackson and State of Iowa, under the laws of the State of Iowa, the Charter or Articles of Incorporation to provide that the corporation shall continue not less than twenty-five years under the name of "The Boardman Library Institute" with a paid up capital stock of not less than Five Hundred Dollars ($500) a board of directors and such other officers as the articles of incorporation may require, duly elected and qualified, that whenever said Library Institute shall be full and legally incorporated, officered and capable or receiving the bequest herein granted and of assuming and performing the trusts herein indicated, if within one year as aforesaid, then my executors shall as soon as they conveniently can transfer and make over to said corporation in trust, the sum of Five Thousand Dollars ($5000) in cash or good promissory notes, first however having caused said corporation to execute to my executors a bond or contract in such sum as my said executors may deem requisite. Said bond to be duly acknowledged and recorded in the office of the Recorder of Jackson County, Iowa, which bond or contract shall provide:

First That said corporation shall be perpetual under the name and style of "The Boardman Library Institute," The Library fund to be the "Boardman Library fund,"

Second That said corporation will under the advice of its Board of Directors as soon as possible after having secured the funds herein bequeathed expend One Thousand Dollars of said funds in the purchase of such books for said Library as the Board of Directors deem suitable, and will loan out the other Four Thousand Dollars and such part of the accruing interest as shall hereinafter be mentioned at the best legal rate of interest attainable for a term of years not exceeding ten years on each loan, the interest to be paid annually, the principal and interest to be secured by unencumbered real estate worth double the amount of the loan, exclusive of buildings situated thereon, preference to be given to school districts desiring loans.

Third: That said corporation will faithfully once in each year(to-wit about January 1st) after receiving said funds, expend three fourths (3/4) of the income or interest money on hand in the purchase of books for said library and will place the other one fourth (1/4) at interest with the principal in order to increase said principal to the original sum of Five Thousand Dollars (5000) and kept the same as a permanent fund after said interest has accumulated so as to increase the fund to said sum of Five Thousand Dollars then said Corporation is authorized to expend annually in the purchase of books or for the use and benefit of said corporation the full amount of the income or interest accruing from said fund but in no event is the principal to be used for any other purpose than loaning out.

FOURTH: And providing also as my last will hereby expressed, that a failure of said corporation to faithfully perform the above three (3) sections and provisions from year to year then said fund interest which shall not have been expended on Books shall descend to and be divided equally by and between the persons and individuals mentioned in this my last will and testament as the beneficiaries.

FOURTH: I give and bequeath to the American Board of Commissioners for Foreign Missions One Thousand Dollars.

FIFTH: I give and bequeath to the Home Missionary Society of the State of Iowa, which society is under the control and management of the Home Missionary Society of New York the sum of One Thousand Dollars.

SIXTH: I give and bequeath to the five children of my deceased sister Amanda Sarah Boardman, who married G. J. Whitney, one hundred dollars each, also to the widow of the son (of my sister) Gordon Whitney who died in the Army One Hundred Dollars, amounting in the aggregate to Six Hundred Dollars. The names of the five children above referred to are as follows Victoria Philomelia, Lucy Emily, Luella Martha, Florence Hellena and Delia Chase Whitney and they now reside in Knox County, Ohio and also to the son of the children now deceased.

SEVENTH: I give and bequeath to Mrs. Mary L. Bradford residing in Marshalltown, Iowa the sum of Four Hundred Dollars.

EIGHTH: I give and bequeath to Payson Boardman and also to his oldest daughter Carrie the sum of One Hundred Dollars each. They now reside in Norwich Vermont.

NINTH: It is my will and a desire that the said trustees of the Congregational Church of Maquoketa shall appropriate each year the sum of ten (10) dollars or whatever amount may be necessary in excess of said sum to keep in good condition and repair the Cemetery Lot where the remains of my wife and stepdaughter and myself are and shall be deposited and the Head Stone and Monument erected at the several graves in good condition and repair and also the fence around said cemetery lot is to be kept in repair and painted white annually.

TENTH: Should there be any funds or effects remaining after paying the several bequests already made in this my last will and testament and such expenses as pertain to my decease since made I give and bequeath the sum whatever it may be (not however to exceed the sum of One Thousand (1000) Dollars) to the son of Rev. S. F. Millikan, by the name of Robert A. Millikan, for the purpose of Educating said son in the profession which he may adopt for a livelihood. It is my desire and wish that the said Robert A. Millikan may be educated for the purpose of advancing the interest of the Christian Religion and become a good sincere follower of Jesus Christ.

ELEVENTH: I hereby constitute and appoint H. E. J. Boardman and L. B. Dunham Executors of this my last will and Testament and I hereby constitute and appoint Charles E. Boardman of Marshalltown Iowa to act as an Executor of this my last will and testament in case of the death or a refusal on the part of the said H. E. J. Boardman or L. B. Dunham both of them to assume the trust imposed herein and further direct and it is my will that each of the above named executors shall give bonds in the sum of five thousand dollars (5000) or such sum as the Circuit Court may think necessary.

TWELFTH: WILLIAM C. BOARDMAN

The foregoing and within Instrument in writing and purporting to be the last will and testament of William C. Boardman consisting on Nine (9) pages and Twelve paragraphs or sections was signed by the said William C. Boardman in our presence who at the time of signing the same declared said instrument to be his last will and testament and we at his request and in his presence of each other have hereunto set our names as witnesses this 15th day of October 1880

AUSTIN MUNGER

AUSTIN F. SHAW

Post office address of these witnesses is Maquoketa, Jackson County, Iowa.

(NOTE: Robert A. Millikan, beneficiary in Paragraph Tenth was awarded the Nobel Prize In Physics in 1923)

(Source: On file in the Office of the Clerk of District Court, Jackson County, Iowa, filed October 21, 1884)
Submitted by Kenneth E. Wright


Will of Mary G. Hancock

The 66 page will of Miss Mary G. Hancock, who died two weeks ago, was filed for probate Wednesday in the office of the county clerk. Treasured items of her personal and household belongings were left in 130 specific bequests to friends, the bulk of the estate going to cousins in the United States and in England.

Miss Hancock's antique doll, with sufficient cash to buy a case for it, was left to the Maquoketa Public library. Phyllis Stoll will receive the set of child's dishes, which her great-grandfather found at the time of the Chicago fire and presented to Miss Hancock and Edward Luckiesch will receive Mr. Dudley's bell. Several gifts of dishes and vases, which had been given ti Miss Hancock were listed to be returned to their donors.

Gifts of money included a total of $5,000 to eight cousins in the United States, $1500 to six cousins in England, and $500 to Maurine Ely Anderson of Chicago. The remainder of the estate is to be divided among those beneficiaries. Other bequests include St. Mark's Episcopel church, $100, Annie O. Thomas of Davenport, Anna Van Doran and Nina Wilson of Maquoketa, each $50 and Agnes Hardin of Maquoketa, $25.

The executors, Frank T. Johnson and John Jargo were instructed to sell the Hancock home and all property not specifically given. In disposing of her favorite articles, Miss Hancock followed a desire she had once expressed that those items should go to friends rather than being disposed of at an auction as often happens when the last member of a family dies. Bequests of a book, vase, picture or small piece of furniture were made to various individuals.

[Maquoketa Community Press, Published January 6, 1944]
Submitted by Kenneth E. Wright

Joseph Hayes

NOTICE OF SALE OF REAL ESTATE.
In order to settle the estate of Joseph Hayes, late of Jackson County, Iowa, deceased, the undersigned has been appointed referee by the District Court of Jackson County, Iowa, to sell the premises known as the Joseph Hayes farm situated about three and one-half miles South of Lamotte on the Davenport and Dubuque road and containing 180 acres more or less, and will receive bids for the same at public auction at the Iowa Savings Bank at Lamotte, Iowa, on the 7th day of November 1919.
Frank H. Keck, Referee.
[Jackson Sentinel, Maquoketa, Iowa, Tuesday, November 4, 1919, submitted by Mary Kay Krogman]


Will of W. Henry Haylock

Book F, Page 182, Office of the Clerk of District Court
Jackson County, Iowa

I, W. Henry Haylock of the City of Maquoketa, County of Jackson, State of Iowa, do hereby make and execute this my last Will and Testament, hereby revoking and making null and void any and all former Wills heretofore made by me.

FIRST: I direct that all my just debts be first duly paid and discharged and all necessary expenditures be made for a suitable funeral; that a marker be inscribed and placed at the head of my grave, which said marker shall bear my name, the date of my birth and the date of my death, all of which shall be fully paid for out of my estate.

SECOND: All of my property, real, personal or mixed of every name and nature and wheresoever the same may be located, of which I shall die seized or possessed, or to which I shall be entitled at the time of my decease, I give to my wife, Laura S. (Rathbun) Haylock, to be her property absolutely.

THIRD: I hereby nominate and appoint Ernest H. Chamberlain to be the executor of this my last Will and Testament to serve as such Executor , without bonds under the direction of a Court of competent jurisdiction.

FOURTH: Should any of the beneficiaries under this will, or any heir at law of my estate object to the probate thereof, or in any wise, either directly or indirectly, contest, or aid in contesting the same or any of the provisions thereof, or the distribution of my estate thereunder, then in that event I hereby annul any bequest herein made to such beneficiary, and it is my will that said beneficiary shall be absolutely barred and cut off from any share in my estate.

W. Henry Haylock
Duly witnessed

Submitted by Ken Wright


Ransom Jenkins

THE PEOPLE OF THE STATE OF NEW YORK, to Jeremiah W. Jenkins, residing at Maquoketa, in the state of Iowa; Horace H. Jenkins, who has no present place of residence, but is not in Virginia with the army of the United States, next of kin of Ransom Jenkins, late of the town of Moreau and county of Saratoga, deceased, send greeting:
You are hereby cited personally to be and appear before our surrogate of the county of Saratoga, at his office in the village of Waterford in said county, on the 10th day of January 1863 at 10 o'clock A.M., to take upon you, or either of you, the administration of the goods, chattels and credits which were of the said Ransom Jenkins, deceased, or to show cause why letters of administration should not be granted of the same to George E. Burnham, of the town of Moreau and county of Saratoga, who has prayed for the same as husband of one of the next of kin of the said deceased.
In testimony whereof, we have caused the seal of office of our said surrogate to be hereunto affixed.
[L. S.] Witness, Cornelius A. Waldron, surrogate of the said county, at Saratoga Springs, the 21th day of November, 1862.
C. A. WALDRON, Surrogate.
[Albany Evening Journal (Albany, NY) Monday, January 12, 1863, submitted by Mary Kay Krogman]


Joshua L. Larkins
THE PEOPLE OF THE STATE OF NEW YORK, to Lewis Larkins, of Union Mills, Erie County, Pennsylvania; Charles Larkins, of Stockton, Chautauqua county, N> Y.; George Larkins, of Clarksville, Butler county, Iowa; Jane Henry, wife of Josiah Henry of Union Mills, aforesaid; Polly Ann O'Brian, wife of William O'Brian , of Maquoketa, Jackson county, Iowa; Joseph Larkins of Millersburgh, Mercer county, Illinois; Franklin Larkins, of Sherman, Chautauqua county, aforesaid; Caroline M. Tew, wife of Dewitt C. Tew, of Stockton, aforesaid; heirs and next of kin of Joshua L. Larkins, late of the town of Stockton, in the county of Chautauqua, deceased.
Whereas, Loren Larkins, heir, executor and Legatee named in the last will and testament of the said Joshua L. Larkins, deceased, has applied to Theodore Brown, surrogate of the said county of Chautauqua, for the proof of the said will, which will relates to real and personal estate; you are therefore hereby cited to appear before the said surrogate, at his office in Jamestown, in said county, on the 2d day of May next, at ten o'clock in the forenoon, to attend the probate of the said will.
Given under the hand and official seal of the said surrogate [L. S.] at Jamestown, in said county, this 28d day of February, 1864.
THEODORE BROWN, Surrogate.
[Albany Evening Journal (Albany, NY) Wednesday, April 13, 1846, submitted by Mary Kay Krogman]


Dr. M. M. Moulton

WILL PROBATED

TRUSTEESHIP FOR DOCTOR'S ESTATE

The will of the late Dr. M. M. Moulton, of Bellevue, has been filed for probate in the Jackson County District Court and provides for a trusteeship which is to continue for 20 years. Trustees are Arthur Achen, Ringe Kuper and John Oberleitner.

The three heirs who are to receive monthly payments during the remainder of their life are Mrs. Anna M. Moulton, the doctor's wife, $300 monthly; Mrs. Minnie L. Young, his sister-in-law, $25 monthly and Miss Elgen Nothdurft, his secretary, $75 monthly.

During the 20 year period following the death of the last of these three, income from the estate is to be divided equally between the Bellevue Presbyterian Church and the Bellevue Masonic Lodge, A. F. & A. M. 51. When the trusteeship is dissolved, the residue of the estate will go to these two organizations.

Payments to Miss Nothdurft are to be stopped if she fails to cooperate with the trustees, or if she marries, the will declares. She is also to receive a $4000 bequest if she assists Mrs. Moulton for a year after the Doctor's death, which occurred April 21, 1946. Fifteen other cash bequests, ranging from $100 to $3000 were made to other persons. The testament is dated May 12, 1945.

Jackson Sentinel, Maquoketa, Iowa, June 14, 1946
Kenneth E. Wright


Will of Isaac Overholt

The will of Isaac Overholt of Sabula who died in 1882, has been placed upon the county records. It is quite voluminous and covers several pages. He left an estate valued at $100,000 to his wife and eight children-four daughters and four sons. The property is not to be divided among the heirs until twenty years after his death. Ira Overholt is chief executor with the other three brothers as counselors.

(Jackson Sentinel, May 1, 1884)
Submitted by Ken Wright


Amaziah Phillips (Anna Maria Jones from Jackson County)

THE PEOPLE OF THE STATE OF NEW YORK.
by the grace of God free and independent, to Polly Phillips, of Crown Point in the county of Essex and state of New York, widow, and Robert V. Philips, and Anna Maria wife of Owen Jones, residing at Maquoketa in the county of Jackson and state of Iowa; John B. Philips, Mary wife of John Little, Martha wife of Darwin Broughton, Adaline wife of William Currier, Eliza Ann wife of - - - Baldwin, and James Philips, all residing at Crown Point, aforesaid: Jane Philips wife of Richard Philips, residing at Castleton in the county of Rutland and state of Vermont; and to Robert W. Livingston, of Elizabethtown, N. Y., special guardian of said Eliza Ann Baldwin and of Melissa Philips, of Crown Point, aforesaid, minors, heirs and next of kin of Amaziah Philips, late of Crown Point, aforesaid, deceased, sent greeting:
Whereas, Almeron Philips, of Moriah, in said county of Essex, has lately applied to our surrogate of our county of Essex, for the proof of the will of Amaziah Philips, deceased, late of Crown Point, aforesaid, which said will relates to both real and personal estate; you and each of you are therefore cited and required to appear at the office of the said surrogate in Elizabethtown in said county of Essex, on the 18th day of May next, at 10 o'clock in the forenoon, to attend the probate of said will.

In testimony whereof, we have caused the seal of office of our said surrogate to be hereunto affixed. Witness [L. S.] Robert S. Hale, Esq., surrogate, at Elizabethtown, the 24th day of March, 1857.
ROB. S. HALE, Surrogate.

[Albany Evening Journal (Albany, NY) Thursday, April 23, 1857, submitted by Mary Kay Krogman]

S. M. Shattuck
Notice of Hearing
State of South Dakota, county of Brown, ss. In county court.

Notice of Time appointed for probate of non-resident estate on foreign court proceedings.

The state of South Dakota sends greeting. To the creditors and all persons interested in the estate of S. M. Shattuck, late of Maquoketa, county of Jackson, state of Iowa, deceased.

Pursuant to an order of said court, made on the 4th day of August, A. D. 1915, notice is hereby given that Monday, the 23rd day of August, A. D. 1915, at ten o'clock a. m. of said day, at the court room of said court, at Aberdeen, in the county of Brown, have been appointed as the time and place for hearing the petition of Otto W. Krumviede, praying for the probate and admission to the records of said court, as a probate of said estate, certain papers purporting to be duly certified and authenticated copies of the proceedings of a foreign court, in the matter of the probate and final distribution of the said estate, when and where any creditor of said deceased may appear and show cause why the prayer of the said petition should not be granted.

Witness, the Hon. E. T. Taubman, judge of the county court, and the seal of said court this 4th day of August, A. D. 1915, at his office in the court house in the city of Aberdeen, county of Brown, state of South Dakota.
-N. E. Nelson,
Clerk of the County Court. [Source: Aberdeen Weekly News (Aberdeen, SD) Thursday, August 5, 1915, transcribed by Mary Kay Krogman.]


Ephraim Towner

THE PEOPLE OF THE STATE OF NEW YORK, by the grace of God free and independent: To Ephraim Towner, Daniel Towner, Alzina Whitbeck, Rhoda Farwell, wife of Friend Farwell, Sarah Ann Town, Clark Kellogg, Ephraim Kellogg, Seth Town, Loren Town, Sarah Jane Dolph, residing in the town of Crown Point, in the county of Essex and State of New York; Ira P. Towner, residing in the town of Maquoketa, Jackson county, in the State of Iowa; John Towner, residing in the town of Olathe, Johnson county, in the State of Kansas; Benjamin Towner, residing in the town of Schroon, in the said county of Essex and State of New York; Marion R. Thrasher, residing in the town of Whiting in the county of Addison and State of Vermont; Ransom Kellogg, residing in the town of Shoreham, in the said county of Addison and State of Vermont; Warren Town and Serah Town, residing in the town of Fairbury, Livingston county, in the State of Illinois; Henry Town, residing in the town of Masonville, Wood county, in the State of Wisconsin; Alenzo Town, residing in the town of Ticonderoga, in the county of Essex and State of New York; and Henry Kellogg, whose place of residence is unknown and cannot upon diligent inquiry be ascertained, the heirs and next of kin of Ephraim Town, deceased, send greeting:

Whereas, Loren Towner, of Shoreham, in the State of Vermont, has lately applied to our Surrogate of the county of Essex, for the proof of the will of Ephraim Towner, late of Crown Point, deceased, which said will relates to both real and personal estate. You and each of you are therefore cited and required to appear before our said Surrogate at his office in Elizabethtown in said county on the 18th day of November, 1872, at ten o'clock in the forenoon, and attend the probate of said will.

In testimony whereof, we have caused the seal of office of our Surrogate to be hereunto affixed:
Witness Byron Pond, esq. Surrogate of Elizabethtown, in [L.S.] said county of Essex, the 1st day of October, in the year one thousand eight hundred and seventy-two.

[Daily Albany Argus (Albany, NY) Wednesday, October 30, 1872, submitted by Mary Kay Krogman]

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