Probate: Wapello County Wills Volume 1 (Hiram McCoy) ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net ************************************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm ************************************************************************ Contributed for use in USGenWeb Archives by Vlouise Helmer. Vlouise_@hotmail.com LDS FHC microfilm 0979671, Wapello Co, IA Wills Vol 1; 1856-1900 Transcribed from the original clerk’s record. Page 82 HIRAM McCOY WILL In the name of God Amen - I Hiram McCoy of the County of Wapello and State of Iowa being in feeble health but of sound mind and memory for which I feel thankful to the giver of all good & having a desire to dispose of my temporal affairs whilst living do make this my last will and Testament hereby revoking all former Wills and Testaments by me made and hereby declaring them and all of them null and void Item first - I Will that first my funeral expenses and expenses of my last sicknefs be paid, and that all my just debts and legal Liabilites be paid. Item 2nd - I Will and bequeath unto Ashford McCoy William McCoy, Huldah Blair formerly Huldah McCoy Hiram McCoy and to Elmira Paden the daug- hter and only heir of Minerva Paden formerly Minerva McCoy, that out of my Estate they be paid the sum of thirty-three dollars with six percentum interest per annum added thereto from the date of the marriage of Minerva Paden formerly Minerva McCoy until the same to paid by my executor, that of Said money Elmira Paden aforesaid the one half of an equal share any shall be paid to her, and the balance in equal amounts to the above named legatees Provided that should the Said Elmira Paden die before receiving her Share this the whole of said bequest to be divided between the above named Legatees and none others. Item third - I Will and bequeath all my estate both Real and personal unto my children by me begotten of both my first and second wives, and that my Estate be equally divided amongst them all except as follows that at the marriage of my three oldest daughters to wit Huldah Blair, Minerva Paden, and Susan Martin I advanced to each fifty dollars which said sum must be accounted to them as a part of their Share, and deducted from their Share of the said Estate further that Elmira Paden the heir of Minerva Paden shall draw only one half in amount of the other heirs of my Estate, also further, that my sons John McCoy and Aaron McCoy purchased at my public Vendue property to wit John McCoy one horse, Aaron McCoy one mare, and they both Jointly one waggon, which is not paid for, and which said property the price of which on the list of sales is to be deducted out of their respective shares adding thereto ten percentum per annum interest from the 25 day of December 1860 until the date of my death, also Some accounts due me from both John & Aaron McCoy as my Book account will show which is also to be deducted from their shares respectively without interest being added. With these foregoing exceptions an equal division is to be made among all my children aforesaid. Item Fourth - It is my will that should any one or more of my heirs refuse to receive the share herein before alloted to them but attempt to set aside this my Will to obtain other or greater shares, that the said heir or heirs be debared from the taking any share of my Estate whatever, but that the share or shares they would have received shall be divided between the other heirs peacably receiving the same. Item fifth - I hereby appoint Ashford McCoy and Alfred Lotspiech my executors to execute this my Last Will and Testament and request that Alfred Lotspeich take charge of this my Will In testimony whereof I Hiram McCoy on this fourth day of September 1861 have and do sign and seal this my Last Will and Testament at my residence in Wapello County State of Iowa first having called as Winefses to the same Lafayette Winders J. W. McCune and Alfred Lotspeich the said will being first read over to me and understood and approved by me. Hiram [his X mark] McCoy We the undersigned witnesses being specially called for the purpose did see the above named Testator Hiram McCoy Sign this instrument as his last Will and Testament, he in our presence acknowledging the same to be his last Will and Testament this the fourth day of September 1861 J.W. McClune Lafayette Winders Alfred Lotspeich State of Iowa }ss Wapello County } We J.W. McCune Lafayette Winders and Alfred Lotspeich being duly sworn in open court this 4th day of November 1861 depose and say that we were present at the execution of the Last Will & Testament of Hiram McCoy later of Said County and State Deceased hereunto annexed that we saw the said Testator subscribe Said Will and heard him publish and declare the same to be his Last Will and Testament and that the Said Testator at the time of executing the same was of full age and Sound Memory and not under any restraint and that we signed the same as Witnesses at this request and in his presence and in the presence of each other. J.W. McCune Lafayette Winders Alfred Lotspeich Subscribed and sworn to by J.W. McCune Lafayette Winders and Alfred Lotspeich before me this 4th day of November 1861 Joseph H. Flint County Judge I Joseph H. Flint County Judge of Wapello County Iowa do hereby certify that the foregoing Will of Hiram McCoy Deceased was proven in Open Court in the County Court of Wapello County State of Iowa on the 4th day of November and the same was duly allowed by the said Court on the said day. Joseph H. Flint, County Judge ******************************************************************* USGENWEB NOTICE: Printing this file by non-commercial Individuals and libraries is encouraged, as long as all Notices and submitter information is included. Any other use, including copying files to other sites requires permission from the submitters PRIOR to uploading to any other sites. We encourage links to the state and county table of contents. *******************************************************************