Court Records: Wapello County Probate/Will of James Nosler ************************************************************************ 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 097967: Wapello Wills Volume 1, 1856-1900 Wapello County, Iowa. Pages 436,437 Last Will and Testament of James Nosler I James Nosler of Eddyville Wapello County Iowa being of sound mind and disposing memory in view of the uncertainty of life, do hereby make publish and declare this my last will and testament in the manner following to wit Item - I desire and direct that all my debts and liabilities be first paid and discharged. 2nd - It is my desire and direction that my wife Sarah Nosler shall keep enjoy and control the residence property in Eddyville so long as she may desire to use and occupy the same as a homestead. Also that in addition to the per- sonal property owned by her in her own right and now in her residence she have the following articles, and the same are hereby bequeathed to her to wit: one bed and bedding: all the stores in said residence: six chairs: one table: Watson's Sermons, two volumes. All dishes crockery ware And cupboard ware. 3 - It is my desire and direction that my drug store in Eddyville shall be, by my executor herein after named, sold in such time and manner as in his judgment the most can be realized from it. That until he deems it advisable to sell the same he may have the business carried on in the usual manner, and for that purpose shall use the rooms now used for that purpose. 4 - I desire and direct that my private and medical library be divided among my children herein after named in shares of equal value, provided they shall all mutually agree to such disposition of the same, in case they cannot so agree but do mutually consent that one or more of said children may receive a particular part or portion of them they may make that arrangement and the books not thus disposed of to be sold and the proceeds to go to those who do not receive their portion of the books in case no mutual agreement should be made in above mentioned then all of said books shall be sold and the proceeds divided the same as my other effects not otherwise bequeathed: that is to say equally among my children 5 - All my personal property not herein otherwise dis- posed of I give and bequeath to my children Thomas M and Henry C Nosler. Martha A Warriner, Armelda G. Davidson Mary Smith: Ellen Hamilton and Irene Surbaugh share and share alike. 6 - I further direct that when my wife shall cease to used my residence property in Eddyville as a homestead that the same shall revert to my children above named in equal portions. That in the absence of any other mutual arrangement by and between them that the same be by my executor sold to the best advantage and the proceeds divided and in case of such sale my said executor is hereby authorized to make a good and sufficient warrantee [next page] James Nosler Continued page 437 deed conveying the same, and that said deed shall be as valid in law and in equity as though made by myself 7 - By "residence property" I have reference and intend to mean the lot No 5 in block No 17 in Eddyville on which said property stands. 8 - I give and bequeath to my son Henry C. my cane 9 - I give and bequeath my family bible to my daughter Martha A. Warimer 10 - All my real estate not herein before bequeathed I desire and direct to be disposed in the same manner as is directed in item six above. /s/ Jas. Nosler Signed this 9th day of August AD 1881 by James Nosler In our presence and by us signed at his request And in his presence and in presence of each other R.W. Boyd John Legett Proof of Will State of Iowa}ss Wapello County} I W.C. Thompson of the Circuit Court in and for said County do hereby certify that on this day at the October term in AD 1881 of said court the Will and Instrument in writing hereunto annexed, and bearing date on the 9th day August 1881 was duly approved for before and allowed by said court as and for the Last Will and Testament of the real and personal estate of James Nosler late of said county, deceased, and Was by said court ordered to be recorded as such Will and Testament {seal} In Witness whereof, I have hereunto set my hand and affixed the seal of said court at my office in Ottumwa in said County this 25th day of Oct AD 1881 W.C. Thompson Clerk ******************************************************************* USGENWEB NOTICE: Printing this file by non-commercial Individuals and libraries is encouraged, as long as all Notices and submitter information is included. 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