In the name of God, Amen ---
Stephen Mahoney of the Township of Magnolia in the County of Harrison and State of Iowa of sound mind and memory and of full age do hereby make and publish this my last Will and Testament
Item One - I direct the payment of all lawful claims against my estate to be made out of the proceeds of the sale of my personal property ---
Item Two - I give to my beloved wife Martha Mahoney the use of the home farm viz the West Half of the South East Quarter (W 1/2 of S E 1/4) and North East Quarter of said South East Quarter (N E 1/4 of S E 1/4) of section No. Thirty-three (33) and the four (4) acre track of land lying and being situate in the South West side and South West corner of the South West corner of the South West Quarter of the North East Quarter of said section No Thirty-three (33) all in Township No Eighty (80) north of Range No Forty three (43) in Harrison County and State of Iowa, together with the use of all the improvements thereon as long as she may live, the foregoing provisions of this Will for her benefit are to be in lieu of her distributive share of all my real estate.
Item Third (3) - I give and devise to my grand daughter Lillian Spires she being the only living child of my deceased Daughter Rachel Spires the sum of One Hundred Dollars.
Item Four (4) - I give and devise to my grand children, (born of my daughter Harriet Staley, now deceased), Whose names are as follows viz --- Merrit Theodore Staley - William Henry Staley -Harriet Staley - Anna Staley - Chester Staley - Edward Staley and Margaret E. Staley seven in number, to each one individually the sum of One Hundred Dollars ---
Item Five (5) - I give and devise to my beloved daughter Anna Garner, wife of Henry Garner the sum of One Thousand ($1000.00) Dollars ---
Item Six (6) - I give and devise to my sons Theodore Mahoney and James Mahoney, each individually and separated the sum of One Thousand Dollars --
Item Seven (7) - I give and devise to each of my grand children born and begatten of my daughter Hannah E. Fry, now deceased - whose names are as follows viz William Fry, Cass Fry -Martha Jane Fry and Elizabeth Fry, to each of these in this item named, the sum of One Hundred ($100) Dollars ---
Item Eight (8) - I give and devise unto my son Elisha Mahoney, the sum of Four Hundred Dollars in which devise and bequish is the following proviso -- That in case my wife accepts under the provisions of this will then in that case the above proviso shall stand, towit that my said son Elisha Mahoney shall have Four Hundred ($400.00) further conditioned also, that I also give and devise to him my said son Elisha Mahoney the South West Quarter of the South East Quarter (S W 1/4 of S E 1/4) and the e South East Quarter of the South West Quarter (S E 1/4 of S W 1/4) and Five (5) acres out of the South East Corner of the North West Quarter of the South West Quarter all in section No Thirty Four (34) T/s 80 Range No. Forty Three (43) in Harrison County Iowa at the rate of forty dollars per acre-
The said Four Hundred Dollars in this Item stated as being devised to my said son Elisha, is to be and shall be considered as a payment to that amount upon the land in this item described and it is further ordered and declared by me that my said son Elisha Mahoney shall pay to my executor whom I here in name the sum of One Thousand Dollars per year, the first payment to be made one year after the date of my death - One Thousand Dollars two years after the date of my death, and the remaining One Thousand Dollars ($1000) three (3) years after the date of my death, all of the said Three Thousand ($3000.00) to bear interest from the date of my death at the rate of Six per cent---And upon payment of the above sums the title there to vest absolutely to my said son Elisha Mahoney -- And it is further provided that in case my said son Elisha Mahoney shall elect not to accept the provisions of this Item, then and in that case I hereby order that my executor herein named sell this Eighty-five acres of land herein described for cash, or upon time not to exceed the time and payments herein mentioned, not more than three years and of equal annual payments with six percent interest as he may deem best.
Item Nine (9) - I hereby give and devise to my beloved children Hiram Mahoney, Benjamin Mahoney, John T. Mahoney, Margaret A. Benson, Elisha Mahoney and Sarah E. Mahoney the old home farm the same as mentioned and described in Item Two (2) hereof - subject to the life estate therein of my said wife as mentioned in said Item Two (2) hereof -to be at the death of my said wife sold and the proceeds equally divided among them each share and share alike --
Item Ten (10) - I further order direct give and devise unto the persons named in Items Three (3) Four (4) Five (5) Six (6) Seven (7) hereof as by the names therein mentioned the amounts that may be realized from the sale of the Twenty Eight (28) Acre s remaining in the North West Quarter of the ????? South West Quarter of Sec No. Thirty-four (34) and the twenty (20) acres on the south side of the east half of the North West Quarter of section No thirty-three (33) T/s 80 Range 43 in Harrison County Iowa, and the amounts realized from the (85) Eighty-five acres mentioned in Item Eight (8) hereof, hereby ordering and directing that the said twenty (20) acres of Sec 33 and the (28) Twenty-eight (in thirty four (34)) be sold as soon after my death as may be, and the proceeds of the land - the Eighty Five (85) acres divided as per statements and amounts named, prorata in said items three, four, five, six, and seven herein---
Item Eleven (11) - I hereby further order and devise, that in case my said beloved wife Martha Mahoney elects to take her distributive share of my real estate under the law, in lieu of under the provisions of this Will - then and in that event when her said distributive share thereof shall be allotted to her as by law provided, then I order and devise that all my Real Estate herein mentioned except that share set-off to my said wife as her said distributive, be sold by my executor and the proceeds thereof to the extent of Four thousand two hundred ($4200.00) be divided among those mentioned in Items three, four, five, six and seven as by the provisions thereof and as therein stated, and the remainder thereof, that is the difference between the said Four thousand two hundred dollars and the distributive share of my said wife added thereto and the same subtracted from the whole value of my real estate - which difference I hereby order to be equally divided among those of my said children mentioned and named in Item Nine (9) hereof, share and share alike --
I hereby appoint Hon Phineous Cadwell the executor of this my last Will and Testament (and in case of the death of the said Phineous Cadwell before my death then in that event I hereby appoint Mr. John W. Wood the executor of this my last Will l and Testament) hereby revoking all former Wills by me made and desire that full power to settle and compromise all claims against my estate as he may deem best - Hereby requesting that my said executor give such bond as may by the court deemed necessary.
In witness whereof I have herewith set my hand this 10th day of March AD 1885.
The foregoing instrument was at the date thereof subscribed by Stephen Mahoney in our presence and he at the same time declared it to be his last will and testament and by his request we signed our names, both in his presence and in the presence of each other.
Residence of Logan Iowa
C. R. Balter
Residence of Logan Iowa
A. K. Grow
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