In Relation to Estate of Nagle Kephart (p. 1). Image courtesy of Verla Williams.
In Relation to Estate of Nagle Kephart Dec'd.
In Circuit Court, Dubuque County, Iowa, October Term 1884
Presentation of Will
On the 28th day of June 1884 there was filed in the Clerk's Office of this Court a written instrument purporting to be the last will and testament of Nagle Kephart deceased, together with an affidavit of the death of said Kephart, and on the same day the said instrument was opened and publicly read and Monday the 27th day of October 1884 was set as the time for probating the same. Notice thereof ordered to be given by publication in the Dubuque Democrat one a week for 3 weeks.
Affidavit of Death
State of Iowa
Dubuque County
I, John W. Ridler of lawful age, being first duly sworn, do depose and say that I was acquainted with Nagle Kephart in his lifetime and that he departed this life on or about the 5th day of May A. D. 1884 [?] John W. Ridler
Subscribed and sworn to before me by John W. Ridler this 28th day of June A. D. 1884.
J. J. Dunn Clerk of Circuit Court
Probate of Will
To all whom it may concern: Notice is hearby given that an instrument of writing purporting to be the last will and testament of Nagle Kephart, late of Dubuque County Iowa deceased, has been opened and read; and that Monday the 24th day of October A. D. 1884 has been set for hearing the proof of the same before the Circuit Court of Dubuque County, Iowa.
Dubuque, Iowa, June 28th 1884
J. J. Dunn, Clerk of the Circuit Court
I, J. C. Sitzer, Publisher of the Dubuque Democrat, published in the City of Dubuque and State of Iowa, do solemnly swear that the advertisement, a copy of which is hereunto annexed, was published in said paper 3 weeks, the first insertion being on the 4th day of July 1884 and the last on the 18th day of July 1884 for which publication the charge is $2.25 including this certificate.
John C. Sitzer, Publisher
Subscribed and sworn to by John C. Sitzer before me, J. M. Werner, Dep'ty Cl'k Circuit Court of the State of Iowa in and for Dubuque County this 28th day of October 1884. Witness my hand, J. M. Werner Dep'ty Clerk
In Relation to Estate of Nagle Kephart Dec'd
In Circuit Court, Dubuque Co. Iowa, October Term 1884
Probate of Will
And now to wit on this 27th day of October 1884 this cause came up for hearing in pursuance of published notice and orders of Court on application for probate of a written instrument purporting to be the last will . . .
In Relation to Estate of Nagle Kephart (p. 2). Image courtesy of Verla Williams.
. . . and testament of Nagle Kephart deceased. And it appearing from proof thereof on file that due and legal notice of the [?] of this cause has been given. And the said will being presented to and examined by the Court, and the witnesses thereto John Griffis and Nicholas Anderson being present in open Court sworn and examined, and the Court being satisfied with the sufficiency of the evidence introduced: It is therefore ordered an decreed that said written instrument be and it is hereby declared the last will and testatment of Nagle Kephart ["Deceased" appears twice.] deceased, admitted to probate and ordered to be certified & recorded as such last will and testament.
Will
In the Name of God Amen: I Nagle Kephart of Concord Township Dubuque County and State of Iowa of the age of Eighty years and being of sound mind do make publish and declare, this my last will and testament, in manner following, that is to say:
First: I give and bequeath to my wife Susan Kephart all my real and personal estate to be used and enjoyed by her during the term of her natural life and from and immediately after her decease the property aforesaid shall be sold. I value at three thousand dollars for a basis to make the following divisions:
2. I devise to Catharine McLeahany [sic] the one tenth (1/10) of all the property aforesaid.
3d. I devise to Mary Rebmann the one tenth (1/10) of all the property aforesaid.
4th. I devise to Henry Kephart the one tenth (1/10) of all the property aforesaid.
5th. I devise to Sarah Allen the one tenth (1/10) of all the property aforesaid.
6. I devise to James McIntosh the one tenth (1/10) of all the property aforesaid.
7. I devise to Fannie Meyers the one tenth (1/10) of all the property aforesaid.
8. I devise to Elisabeth Glew one tenth (1/10) and also one equal third (1/3) of one tenth (1/10) out of the aforesaid property.
9. I devise to Milton Kephart one tenth (1/10) and also one equal third (1/3) of one tenth (1/10) out of the aforesaid property.
10. and Lastly, I devise to A. B. Kephart one tenth (1/10) and also one equal third (1/3) of one tenth (1/10) out of the aforesaid property. And I do hereby appoint Alexand Glew to be the executor of this my last will and testament hereby revoking all former wills by me made.
In witness whereof I have hereunto set my hand this Sixth day of February 1878.
Nagle his x mark Kephart
The above instrument consisting of two sheets was at the date thereof, signed and declared by the said Nagle Kephart as and for his last will and testament, in presence of us who at his request and in his presence have subscribed our names as witnesses thereto.
John Griffis residing in Dubuque County
Nicholas Anderson residing in Dubuque County
In Relation to Estate of Nagle Kephart (p. 3). Image courtesy of Verla Williams.
State of Iowa
Dubuque County
I, J. J. Dunn, Clerk of the Circuit Court in and for said County do hereby certify that on this day at the October Term, A. D. 1884 of said Court, the will and instrument in writing, hereto annexed and bearing date on the 6th day of February, A. D. 1878, was duly [illegible] before and allowed by said Court as and for the last will and testament of the real and personal estate of Nagle Kephart, late of said County deceased, and was by said Court ordered to be recorded as such will and testament. In testimony whereof I have hereunto set my hand and affixed the seal of said Court at the City of Dubuque this 27 day of October A. D. 1884.
J. J. Dunn, Clerk of the Circuit Court
In Relation to Estate of Nagle Kephart Dec'd [Margin notation: "...ob Gal ... Pg 278"]
In Circuit Court Dubuque County, Iowa
October Term 1884
Appointment of Administrator
And now to wit on this 15th day of November 1884 this cause up for hearing on petition of William Glew praying that letters Testamentary be granted to him in Estate of Nagle Kephart deceased.
It appears from said petition that deceased died seized of the foloowing real estate, to wit: The East half of the South West quarter and the South West quarter of the South West quarter of Section Fifteen (15) in Township 90 North Range One (1) West of the 5th P. M. in Dubuque County, Iowa, and also personal property of the value of not to exceed $300. That Alexander Glew who is nominated in the will as executor has in writing, declined to act, and the widow of deceased, Susan Kephart, asks that petitioner be appointed as Administrator. And said petition being presented to and examined by the Court, and it appearing that petitioner is a proper person to take charge of said Estate, It is therefore ordered and decreed that said William Glew be and he is hereby appointed Administrator with the will annexed, of the Estate of Nagle Kephart deceased, That he give bond in the sum of Six Hundred Dollars and publish notice of his appointment in the Dubuque Democrat once a week for three weeks.
In Relation to Estate of Nagle Kephart (p. 4). Image courtesy of Verla Williams.
In Relation to Estate of Nagle Kephart (p. 5). Image courtesy of Verla Williams.
