In the Matter of the Estate of : In DeKalb County County Court.
Henry Ness, deceased. In Probate. Estate No. 7780
Will filed in the Office of the Clerk of Story County, Iowa on October 28th, 1954.
Admitted to Probate No. 9611, on the 16th day of Nov., 1954 by the District Court of Story County, Iowa.
December 11th, 1954. Authenticated copy of Will from the District Court of Story County, Iowa, filed in the Office of DeKalb County, Illinois.
January 25th, 1955, authenticated Will probated and admitted to record.
LAST WILL AND TESTAMENT
I, Henry Ness, of the City of Ames, Story County, Iowa, being of lawful age, and of sound and disposing mind and memory, do make, publish and declare this to be my Last Will and Testament, hereby revoking all former Wills and Codicils made by me.
Par. 1. I direct my Executrix, hereinafter named, to pay my burial expenses and just debts against my estate as soon after my death as my Executrix may deem advisable.
Par. 2. I give and devise my two-thirds interest in the East Half of the East Half of the North-east Quarter of Section 21, in the Township 38 North, Range 3, East of the 3rd P.M. DeKalb County, Illinois (40 acres), and Northwest quarter of Northwest Quarter of Section 22, in Township 38, Range 3, East of the 3rd P.M., Shabbona Township, Dekalb County, Illinois, to my nieces and nephew, namely, Ida Ness of Somers, Iowa; Elizabeth Ness of Somers, Iowa: Cora Ness of Somers, Iowa; Nellie Sorenson of Somers, Iowa: Theodore N. Ness of 4807 Arlington avenue, Fort Wayne, Indiana, or the survivors of them. Meaning that in event any of them predecease me that such share or shares shall go to the survivors.
Par. 3. I give and devise the proceeds of my two-thirds interest in the West Half of the Northwest Quarter of Section 23, in the Township 38 North, Range 3, East of the 3rd P.M. DeKalb County, Illinois, to the Trustees and their successors in office of the Lutheran Church in Lee, Illinois, in trust however, and provide that the net income after payment of taxes, insurance and maintenance expenses, shall be used by such trustees and successors in office for the internal improvement and landscaping of cemetery of said church. I provide that mo bonds shall be required of such Trustees and successors, and that they shall receive no compensation. I direct that my executor in Illinois sell such property for at least the sum of $200.00 or more per acre if possible and after the payment of expenses and costs incurred to turn over the proceeds to the Trustees of said Church as provided herein. That until such property is sold, the said Trustees shall receive such net income after payment of expenses, I further direct that my said executor in Illinois shall not be required to post additional bonds or procure any appraisement of such property in connection with the making of this sale.
Par. 4. I further direct that my executor in Illinois, shall sell my undivided two-thirds interest in the West 61 acres of the East Half of the southwest Quarter of Section 14, in township 38 North, Range 3, East of the 3rd P.M., in Shabbona Township, DeKalb County, Illinois, excepting rights of way and easements, for at least the sum of $250.00 per acre or more if possible, and I give and bequeath the proceeds therefrom to the Town of Shabbona, Illinois, in trust however, and provide that such net proceeds after payment of expenses of sale, shall be used for library purposes for the Town Library and Public School in equal shares. I further provide that until such property is sold, that the net rentals from such property after payment of taxes, insurances and upkeep, shall be turned over to said town for use as specified herein. I direct that my said Executor in Illinois shall not be required to put up additional bonds by reason of such sale.
Par. 5. Relative to the forgoing Paragraphs 2,3, and 4, pertaining to property in Illinois, I hereby appoint and nominate C.W.Munson of Shabbona, Illinois, as Executor of my Illinois estate, without bond, and I appoint Miss Mary Hamsmith, of Sycamore, Illinois, as Attorney to handle my estate in Illinois.
Par. 6. I give and devise to Mrs. W. R. Mitchell of Muncie, Indiana, now residing at 703 Ashland Avenue in that City, my apartment house known as being located at 708 Douglas Avenue, Ames, Iowa, and legally described as Lot 5, and the south 15 feet of Lot 6, In Block 1, in Original Town of Ames, Iowa. Said Mrs. Mitchell being a relative of my deceased wife.
Par. 7. I give and bequeath unto Iowa State College of Ames, Iowa, the proceeds of my Apartment House at 710 Kellogg Avenue, Ames, Iowa, and described as Lot 6, in Block 2, in Original Town of Ames, Iowa, in trust, however, for the following purpose: that such net proceeds after payment of expenses of sale, be used to loan worthy students in applied art who are in temporary need of money with which to complete their education in applied arts. I direct that my Executrix in Iowa, hereinafter named, sell such property at private or public sale in order to carry out this bequest, and that after payment of all expenses of such sale, that the net proceeds be turned over to said Iowa State Collage. That the said Executrix shall not be required to take out any sale bond.
Par. 8. I direct that my Executrix hereinafter named shall sell my house at 700 Douglas Avenue, Ames, Iowa, which is legally described as Loy 4, in Block 1, in the Original Town of Ames, Iowa, for at least the sum of $9,000.00 or more, and I give and bequeath the net proceeds thereof to my Executrix hereinafter named, in trust however, for the following purposes: that there shall be turned over to Ronnie and Billy Shaffer of Des Moines, Iowa, and Patty Sorenson of Somers, Iowa, the sum of $500.00 each, when each enters his or hers first year in College and $500.00 for each of them for each of the following three years in college work, provided that such college work is satisfactory. If any fail in their college work, no further amount shall be given to that one. Any monies remaining shall be turned over to the Lutheran Orphanage at Ames, Iowa. Relative to carrying out of this sale, I direct that no sale bonds or orders of Court shall be required, and after payment of expenses of sale and costs that the net proceeds be used for purposes herein stated. That previous to the sale, the net income of such property after payment of taxes, insurance and upkeep, shall be used for purposes herein stated.
Par. 9. I give and bequeath unto my nieces and nephew, Mrs. Gertrude Agnor of Staunton, Virginia; Mrs. Mabel Carlson of Des Moines, Iowa; Robert Ness of DesMoines Iowa; and Olive Ness of Cherokee, Iowa, or the survivors of them, the net income from my undivided one-third interest in the Northwest Quarter, except school house site, in Section 24, Township 88, Range 31, West of the 5th P.M., Calhoun County, Iowa, and provide that my Executrix herein be and she is directed to sell such property in event she can sell the same on the basis of $250.00 or more an acre, and that in event of such sale, said Executrix shall after the payment of all expenses of sale and costs, turn the proceeds over to said legatees or survivors of them. That no additional sale bond shall be required of Executrix nor orders of court necessary in order to sell such property to sell my one-third interest based upon a 100% valuation at $250.00 an acre.
Par. 10. I am the sole owner of the Southeast Quarter of Section 10, in Township 98, Range 32 West of the 5th P.M., Emmet County, Iowa, upon which there is now a mortgage, and I direct my Executrix hereinafter named, sell such property in the event she can get $225.00 or more per acre for the same, and after the payment of any mortgage or lien upon such property and after the payment of all sales expenses and costs, that out of such proceeds remaining, I give and bequeath to my friend, Dr. Jacob Rodge, 314 Mills Bldg., El Paso, Texas, the sum of $5,000.00 if her survives me; and out of such proceeds I give and bequeath $2500.00 to Mrs. C.P. Hansen, 118 T. Street, Salt Lake city, Utah, if she survives me; and out of such proceeds I give and bequeath $2500.00 to Teries Steyen of 210 N. 16th St. Fort Dodge, Iowa, if he survives me; and out of such proceeds I give and bequeath to the Sunset Home of Story City, Iowa, the sum of $2,000.00; and out of such proceeds I give to Cora Ness heretofore named, the sum of $3,000.00 if she survives me, and to Viola Shaffer heretofore named, the sum of $3,000.00 if she survives me, and to Robert Ness the sum of $2,000.00 if he survives; and out of such proceeds I give and bequeath the sum of $1500.00 to Mary Greeley Hospital of Ames, Iowa, to be used to furnish and equip a Hospital Room, with a marker on door in memory of Henry Ness family; and I provide that any balance left out of this sale shall go into my residuary estate to be disposed of therein.
Par. 11. I am the owner of my residence at 821 Kellogg Avenue, Ames Iowa, described as Lot 2 ad the South 5 feet of Lot 1, in block 27, Blair Addition to Ames, Iowa, and I hereby give the option to my nieces Ida Ness, Elizabeth Ness, Cora Ness and Nellie Sorenson, or any of them, to purchase such residence for the sum of $18,000.00 during the first two years after this Will is probated, and in the event that they or none of them decide to purchase such property, then my Executrix shall sell the same for the sum of $18,000.00 and if she is unable to get such amount for the property, she shall sell the same to the very best and highest bid she is able to obtain, and the proceeds of the same shall be disposed of as follows: I give and bequeath to Viola Shaffer the sum of $3,000.00, and to Robert Ness the sum of $3000.00, and to Olive Ness $3000.00, and to Cora Ness the sum of $3000.00and to Patty Sorenson, the sum of $3000.00, and any remaining monies in this sale of property shall go into my residuary estate.
Par. 12. In the event any bequest or devise hereinbefore shall fall or lapse, I direct that the amount thereof shall be added to and become a part of my residuary estate and shall be disposed of accordingly.
Par. 13. All estate, inheritance, transfer or succession taxes that shall be imposed upon or assessed against any devise or legacy or that shall be paid by the respective devisee or legatee.
Par. 14. If any person, persons, or organization to whom I have made a legacy or devise shall enter any contest of this will upon any ground or grounds whatsoever, such person or persons or organization shall forfeit and lose the provision made for them and what they would have taken shall fall back to my estate and pass under the residuary clause of this Will.
Par. 15. After payment of all debts, expenses, and costs of administration of this estate, I give, devise and bequeath all the rest, residue and remainder of my property both real and personal which I may own at the time of my death, to the Iowa State College of Ames, Iowa, in trust however, for the following purpose; that such fund received by said College shall be used as a loan fund to loan worthy students in applied arts who are in need of money with which to complete their education in applied arts.
Par. 16. I hereby appoint and nominate Ida Ness of Somers, Iowa, to be Executrix in Iowa, of this my Last Will and Testament, and request that a bond of $5,000.00 be required. In the event that said Ida Ness is unable to act, I appoint Mark J. Walsh, to act as Executor in Iowa, the said Mark J. Walsh being of Ames, Iowa. I also suggest that said Executrix to employ said Mark J. Walsh of Ames, Iowa, in all legal matters pertaining to this Will and my estate. The fees of said Ida Ness as Executrix of this Will shall be the sum of $4,000.00 of which one-half shall be paid during the first year and the balance when the estate is closed. In the event said C.M.Munson of Shabbona, Illinois, is unable to act as Executor in Illinois, then I appoint as such Executor, one Don Flewellyn of Shabbona, Illinois, to act in Illinois.
Dated at Ames, Iowa, this 3rd day of October 1950.
Henry Ness died on October 22nd, 1954.
July 18th, 1958. Final Report Filed and on July 29th 1958 approved and Estate declared Settled.