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The Tie That Binds

SAMUEL BEELER: [2]
son of Isaac Beeler and Jane Hughes
Born: 31 October 1809 Sullivan Co., TN
Died: 1 June 1871 Lee Co., IA Aged 61 y, 7 m, 1 d
Burial: Beeler Cemetery
Married: No marriage record found
He had no documented issue.

SOURCES:
1840 Twp.69, Range 6 West, Lee Co., IA Territory Federal Census
Enumeration date: none noted Page: 411, line 2
Samuel is living alone.

1850 Ft. Madison, Lee Co., IA Federal Census
Enumeration date: 21 October 1850 Page 378, line 39
Dwelling - Family 1343-1343
Living in the home of his parents, aged 41, listed born TN.

1860 Franklin Twp., Lee Co., IA Federal Census
Enumeration date: 25 June 1860 Page: 427, line 38
Dwelling - Family 366 - 352
Living with his father. Samuel is listed aged 50 born TN.

1870 Franklin Twp., Lee Co., IA Federal Census
Enumeration date: 14 July 1870 Page: 112A, line 6
Dwelling - Family 8 - 8
Samuel is aged 61, listed born in Indiana. Living with the family of David Beeler.

Will of Samuel Beeler: Lee Co., IA Courthouse
"The last Will and Testament of Samuel Beeler of Harrison Township, Lee County, Iowa being in a weak state of body but of sound mind and memory do make and ordain this last will and testament hereby revoking and cancelling any will by me anytime heretofore made.

And first: it is my will and desire that as soon after my death as practicable all my just debts shall be paid and satisfied.

And second: I hereby give and bequeath to my kind and affectionate brother David Beeler all my estate real personal and arrived after payment of my debts as aforesaid. As to the farm and timber appertiment thereto now owned by me and fully described in the deeds, therefore, now on record, in trust that he the said David Beeler shall have use and occupy if he chooses, or lease at his pleasure using his own judgement and discretion, by taking and enjoying in person and not otherwise the rents issues and profits, thereof and during his natural life without the power of alienation either as to title or use and occupation except to lease as above set out, and at his death to be owned in fee simple as tenants in common by anyone living children of his that may survive him by his present wife Mrs. Mary Jane Beeler.

And third: I hereby constitute and appoint my brother David Beeler legate as aforesaid my sole executor with full powers and without giving bond, and hereby authorize him to collect any money or monies that may be due and owing me at my decease.

And fourth: In case of my misfortune overtaking my said brother, so that creditors or other may seek to alienate from him by law or otherwise his rights to said realty under this will, and it should be held that said rights can be taken from him for debts or forfeitures of any kind then it is my will that his wife shall be considered guardian for his own children and that all the rights and privileges of the father be exercised by the mother and the rents issues and profits of the said realty be equally divided by her among her children until her husbands death, when it shall go to the surviving children as aforesaid, and that in case of her death before her husband she may by will appoint a person male or female at her option to take her place as guardian aforesaid, or in case she fails to do so then a guardian to be appointed by the county court or any tribunal in Lee County then exercising the present functions of the county court on the subject of guardian and wards. In testimony whereof I shall hereunto set my hand this 17th day of September 1860."
Samuel Beeler

We the undersigned have hereunto set our names as witness of the execution of the fore going will at the request of the testator and in his presence and in the presence of each other. Witness our hands this 17th of September 1860.
A. J. Mc Kashen
Frances Semple
State of Iowa
Lee County I J. A. Mc Dowell clerk of the circuit court of said county do hereby certify that the foregoing will was this day given to be and established as the last will and testament of Samuel Beeler late of Lee County, IA, deceased, and the same was ordered to be recorded as such.
In witness where of I have hereunto set my hand and seal of said county this 9th day of August 1871

J. A. Mc Dowell
Clerk Circuit Court

{Seal₩ by W. C. Hobbs, Deputy
Note:
Samuel Beeler is found living with his parents on some census records. However, in depositions from the lawsuit over Isaac Beeler's estate, he is mentioned as leaving property to David Beeler's children. And when Isaac and Jane Hughes Beeler deeded land to their sons in 1846, Samuel received property. The will above clearly shows he left his property to David Beeler's children, to be held in trust by David Beeler or Mary Jane Harness Beeler for their children until their children became of age.  The will of Samuel Beeler abstracted above is an exact copy of his will, exactly as written on the document

Updated 7 January 2008      Contact Virginia L. Aldridge