Iowa County WI Archives Wills.....Davey, Mary Ann November 20, 1896 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/wi/wifiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Nancy Poquette npoq@hotmail.com January 1, 2007, 5:55 am Source: Iowa County, Wi Wills Written: November 20, 1896 Recorded: April 12, 1898 I, Mary Ann Davey, of the city of Dodgeville in the County of Iowa and State of Wisconsin, aged 78 years and over, being sick and weak in body but of sound and disposing mind, memory and understanding, do hereby make, publish and declare this to be my last will and testament in manner and form following, that is to say: 1. I will and direct that the expenses of my funeral and all of my just and lawful debts shall be fully paid and discharged by my executor hereinafter named, as soon as conveniently may be after my decease. 2. I give and bequeath unto my daughter, Elizabeth Cocking, the sum of $400. 3. I give and bequeath unto my granddaughter, Mary E. Bennets, the sum of $200. 4. I give and bequeath unto my granddaughter, Lucinda Shives, the sum of $60. 5. I give and bequeath unto my grandson's widow, Elizabeth Angove, widow of Wm. J.C. Angove, the sum of $100, which is in full satisfaction of the same amount borrowed by me from my said grandson in his lifetime without interest. 6. I give and bequeath unto Wm. J. Davey, Lizzie R. Davey, Jennie S. Davey and Mary Davey, the sum of $10 each. 7. As to all the rest, residue and remainder of my estate, both real and personal, I give, devise and bequeath the same unto my said daughter, Elizabeth Cocking, to have and to hold the same unto her heirs and assigns forever. 8. I hereby appoint my grandson, William J. Davey to be the executor of this, my last will and testament. In witness whereof, I have hereunto set my hand and seal this 20th day of November, A.D. 1896. Mary Ann Davey, her mark The above and foregoing instrument consisting of one sheet, was on the 20th of November, 1896, signed and sealed by Mary Ann Davey, the said testator in my presence and she at the same time published and declared said instrument to be her last will and testament and we at her request and in her presence, and in the presence of each other, have hereunto subscribed our names as attesting witnesses. Orville Strong, Nannie Bishop W.J. Davey -plaintiff vs. Elizabeth Cocking, Mary E. Bennetts, Lucinda Shives, Alberta Miller, Elizabeth R. Davey, Clara Maude Farnsworth, Annie Farnsworth, Nellie Davey, Roscoe Davey, Joseph Davey, Mamie Thomas, Ipeca Mueller, Fred Davey, William Davey, Bennie Davey, and Charles Davey-Defend. And now comes the above named plaintiff by his attorney George B. Whitman, and complains of the above named defendants, and for cause of action, charges and respectfully shows to this court: That on or about the 14th day of March, 1883, John D. Davey died intestate, and at the time of his death, was a resident of the city of Dodgeville, Iowa County, Wisconsin. That he was at the time of his death the owner in fee and in possession of the following described real estate, to wit: Lot No. 120 in Maddin's Addition to the Village (now city) of Dodgeville; That said lot was his homestead and was occupied by his widow, Mary Ann Davey upon the time of his death. That said John D. Davey left surviving him his widow, Mary Ann Davey, his daughter, Elizabeth Cocking, and his sons John D. Davey and Joseph Davey. That his widow Mary Ann Davey died on the 8th day of Feb. A.D. 1897. That his son, John Davey died Oct. 26th, 1886, [A recent donation to the Iowa County Historical Society of a Davey family Bible indicates that John Dyer Davey, Junior died October 9,1884.] and left surviving, his children now living as follows: W. J. Davey, Elizabeth R. Davey, Clara Maude Farnsworth all of whom are over twenty-one years of age, and his children Annie Farnsworth, aged 17 years, Nellie Davey, aged 15 years and Roscoe Davey aged 13 years. That his son, Joseph Davey, died on the 13th day of March, 1889 and left surviving him and now living children as follows: Joseph Davey, Mamie Thomas, William Davey all of full age, and his children Fred Davey, aged 20 years, Ipeca Mueller aged 18 years, Bennie Davey aged 14 years, and Charles Davey, aged 9 years. That said John D. Davey's daughter, Mary Ann Benoy, died previous to his death, and left surviving her children, now living Lucinda Shire, Mary E. Bennetts and Alberta Miller, all of full age. That the plaintiff, W. J. Davey and the defendants Elizabeth R. Davey, Clara Maude Farnsworth, Annie Farnsworth, Nellie Davey and Roscoe Davey are each the owner in fee of the undivided one twenty- fourth part of the before described premises and derive their title to said lands by reason of their being the children and sole heirs of John Davey deceased. That the defendants Joseph Davey, Mamie Thomas, William T. Davey, Fred Davey, Ipeca Mueller, Bennie Davey and Charles Davey are each the owner in fee simple of the undivided one twenty-eighth part of said premises and derive their title to said lands by reason of being the children and sole heirs of Joseph Davey deceased. That the defendants Lucinda Shires, Mary E. Bennetts and Alberta Miller are each the owner in fee simple of the undivided one twelfth part of said premises and derive their title to said lands by reason being the children and sole heirs of Mary Ann Benoy, deceased. That the defendant, Elizabeth Cocking is the owner in fee simple of the undivided one fourth part of said premises. That the above described lands are all the lands in this state in which the parties to this action now or have any estates whether jointly or in common and that as this plaintiff is informed and believes, no other person or persons have any estate or interest therein. The plaintiff therefore prays judgement for the partition of said premises all according to the respective rights of the parties interested therein, and for a sale thereof if it shall appear that a partition thereof can not be made without great prejudice to the owners and that its proceeds of such sale may be brought into court and divided among the parties, according to their satisfaction, rights and interests, and for the costs of this action to be paid out of the proceeds of such sale, or otherwise as the Court shall find, and for such other or further order or relief as the nature of the case may require and as may be agreeable to equity. Geo. R. Whitman, plaintiff's attorney State of Wisconsin Iowa County W. J. Davey, being first duly sworn on oath, deposes and says that he is the plaintiff in the above entitled action, that he has heard read the foregoing complaint, and knows the contents thereof, and that the same is true to his own knowledge except as to matters stated therein upon information and belief, and as to those matters, he believes it to be true. W. J. Davey Subscribed and sworn to before me, this 14th day of Feb. 1898 Geo. B. Whitman Notary Public, Iowa County Received April 2nd, 1898 Whereas on application in the County Court of Iowa County, Wisconsin, to sell the rights, title and interest of Annie Farnsworth, Nellie Davey, Roscoe Davey and Elmer Davey, infant heirs of John Davey, deceased, in and to the real estate hereinafter described, such proceedings were had that the undersigned was on the 8th day of March, 1898, appointed the special guardian of said infants, in relation to the proceedings to be had upon such application and gave and filed a duly approved bond to said infants, as required; and such proceedings were thereinafter had in such County Court upon such application that by order made on the 8th day of March, 1898, by said Court or by Aldro Jenks, County Judge, said special guardian was authorized to execute, acknowledge and deliver to David B. Davis and Thomas B. Davis, a deed of conveyance of all the right, title and interest of said infants in and to said real estate. Now, therefore, I, the said J. D. Jones, in my capacity of special guardian aforesaid, and in consideration of the premises and one hundred sixty one and 75/100s dollars to me in hand, paid by the said David B. Davis and Thomas B. Davis do hereby grant and convey unto the said David B. Davis and Thomas B. Davis all the right, title and interest of the said Annie Farnsworth, Nellie Davey, Roscoe Davey and Elmer Davey, infants, in and to the following described real estate in Iowa County, Wisconsin, to wit: Lot number twenty (20) in Black's Addition to the village (now city) of Dodgeville. Witness the hand and seal of the said J. D. Jones, special guardian as aforesaid, this 8th day of March, 1898. In presence of Geo. R. Whitman, W.J. Davey J. D. Jones, special guardian of Annie Farnsworth Nellie Davey Roscoe Davey Elmer Davey On the pleading and papers served and filed, and on the plaintiff's complaint herein, duly verified (of which a copy is annexed), and on the record in the above entitled action, and on the affidavit of W.J. Davey the plaintiff herein, showing and it appearing to my satisfaction, that the above entitled action has been commenced and is now pending: That if plaintiff's complaint herein is duly verified, and has been filed with the Clerk of the Circuit Court of Iowa County, Wisconsin; that a cause of action exists in favor of the above- named plaintiff and against the above named defendants, the grounds of which are that the plaintiff and the defendants are tenants in common of certain real estate, particularly described in the complaint herein, situate in Iowa County, Wisconsin, and that the said action is brought for a partition thereof, or in case a partition can not be made without great prejudice to the owners, then for a partition sale thereof according to law; that the summons and complaint herein have been duly served upon the defendants Alberta Miller, Elizabeth R. Davey, Joseph Davey, Ipeca Mueller, Fred Davey, William Davey, Bennie Davey and Charles Davey. That the said defendants Elizabeth Cocking, Mary E. Bennetts, Lucinda Shires, Clara Maude Farnsworth, Annie Farnsworth, Nellie Davey, Roscoe Davey, and Mamie Thomas are nonresidents of the state of Wisconsin, and that the said plaintiff is unable, with due diligence, to make service of the summons in said action upon the said defendants, Elizabeth Cocking, Mary E. Bennetts, Lucinda Shires, Clara Maude Farnsworth, Annie Farnsworth, Nellie Davey, Roscoe Davey and Mamie Thomas, or either of them, and that the said defendants, Elizabeth Cocking, Mary E. Bennetts, Lucinda Shires, Clara Maude Farnsworth, Annie Farnsworth, Nellie Davey, Roscoe Davey and Mamie Thomas can not, nor can any or either of them be found within the state of Wisconsin, although diligent effort to find them and serve upon them said summons has been made by Geo. B. Whitman attorney for the plaintiff herein, as duly appears by his return endorsed upon said original summons, on file in the above entitled action; That the residence and post office address of the defendant Elizabeth Cocking is Kearsage, Keweenaw County, Michigan; That the residence and post office address of the defendant Mary E. Bennetts is Eagle River, Keweenaw County, Michigan; That the residence and post office address of the defendant, Lucinda Shires is Red Jacket, Houghton County, Michigan; That the residence and post office address of the defendant, Mamie Thomas is Red Jacket, Houghton County, Michigan; That the residence and post office address of the defendant, Clara Maude Farnsworth is El Dorado County, California; That the residence and post office address of the defendant, Annie Farnsworth is El Dorado County, California; That the residence and post office address of the defendant, Roscoe Davey is El Dorado County, California; That the residence and post office address of the defendant, Nellie Davey is Sacramento, California; That all of the said defendants have property within the State of Wisconsin; to wit: an interest in tenant in common with the plaintiff in the land and premises described in the complaint herein, a copy of which said complaint is hereto attached, and that the cause of action set out in said plaintiff's complaint arose within the state of Wisconsin, and that the above entitled court has jurisdiction of the subject of said action; and on motion of Geo. B. Whitman, attorney for said plaintiff, it is hereby ordered that service of the summons in said action (hereto annexed) upon the said defendants, Elizabeth Cocking, Mary E. Bennetts, Lucinda Shires, Clara Maude Farnsworth, Annie Farnsworth, Nellie Davey, Roscoe Davey and Mamie Thomas, be made by publication of said summons in the Dodgeville Chronicle, a weekly newspaper published in the City of Dodgeville, County of Iowa and state of Wisconsin, which newspaper is hereby designated as most likely to give notice to the said defendants once a week for six weeks, and that the first publication of said summons be made within three months from the date of this order; And that on or before the day of the first publication of said summons, the said plaintiff shall deposit in the post office at Dodgeville, County of Iowa, and state of Wisconsin, a copy of said summons, together with a copy of the complaint in said action, securely enclosed in an envelope, with the postage thereon, duly prepaid, addressed to the said defendant Elizabeth Cocking, at Kearsage, Keweenaw County, Michigan; Also a copy of said summons together with a copy of the said complaint in said action, securely enclosed in an envelope, with the postage thereon duly prepaid and addressed to the defendant Mary E. Bennetts, at Eagle River, Keweenaw County, Michigan; Also a copy of said summons together with a copy of the said complaint in said action, securely enclosed in an envelope, with the postage thereon duly prepaid and addressed to the defendant Lucinda Shires, at Red Jacket, Houghton County, Michigan; Also a copy of said summons together with a copy of the said complaint in said action, securely enclosed in an envelope, with the postage thereon duly prepaid and addressed to the defendant Mamie Thomas, at Red Jacket, Houghton County, Michigan; Also a copy of said summons together with a copy of the said complaint in said action, securely enclosed in an envelope, with the postage thereon duly prepaid and addressed to the defendant Clara Maude Farnsworth, at main post office in the County of El Dorado and state of California; Also a copy of said summons together with a copy of the said complaint in said action, securely enclosed in an envelope, with the postage thereon duly prepaid and addressed to the defendant Annie Farnsworth, at main post office in the County of El Dorado and state of California; Also a copy of said summons together with a copy of the said complaint in said action, securely enclosed in an envelope, with the postage thereon duly prepaid and addressed to the defendant to Roscoe Davey, at main post office in the county of El Dorado and state of California; Also a copy of said summons together with a copy of the said complaint in said action, securely enclosed in an envelope, with the postage thereon duly prepaid and addressed to the defendant Nellie Davey, at Sacramento post office, in the county of Sacramento and state of California. Dated April 12th, 1898. Aldro Jenks, County Judge File at: http://files.usgwarchives.net/wi/iowa/wills/davey29gwl.txt This file has been created by a form at http://www.genrecords.org/wifiles/ File size: 15.9 Kb