Notes
Note N1341
Index
Died from severe burns sustained when here clothing caught fire on Thanksgiving 1902.
Notes
Note N1342
Index
Vincent Jessee is said to have raised eleven of his own children and seven children for other people.
Notes
Note N1343
Index
Alma Marsells indicates that Fullen was not listed with family in the 1850 Census, and thus may not be a child in this family.
Notes
Note N1344
Index
Of Walnut Cove, NC.
Notes
Note N1345
Index
According to Karl C. Leebrick, Elizabeth was the sister of General Samuel Sturgis of Civil War fame. This is verified.
"-:WILL:- I, Samuel Leebrick, Sr., of Burlington, Des Moines County, State of Iowa, hereby make, publish and declare this as and for my last Will and Testament, hereby revoking and making void all wills by me at any time heretofore made.
Item 1. I direct that as soon after my decease as can be done, all my just debts and the expenses of my last illness and funeral be paid.
Item 2. I give and bequeath unto my son Samuel Leebrick my gold watch on which my name is inscribed.
Item 3. I direct my executor to erect a tombstone at my grave corresponding with those erected by me at the graves of my wives.
Item 4. I direct that my household goods shall be distributed among my children, with the exception hereinafter named, in the following manner; they shall distribute said goods among themselves each in turn selecting one article until the distribution is complete, the order in which such selection shall be made shall be determined by lot.
Item 5. I have heretofore had surveyed into lots that portion of land included in and being my homestead and have caused the same to be platted, which plat and survey is now in my possession, said lots being numbered from 449 to 485 inclusive. I direct my executor, immediately after my decease, to take the proper steps to have said plat accepted by the proper authorities and recorded, to which and he is hereby authorized to do any and everything necessary thereto as fully and in the same manner as I might do if living, so that the deeds heretofore made by me for a portion of said property and the devises herein made may be effective.
Item 6. I have already given my sons John P. Leebrick and Edward Leebrick, the latter now deceased, the full share or portion of my estate which would be coming to them as heirs. I therefore direct that they or their heirs shall not share in any distribution of my property or estate, except as herein especially provided.
Item 7. To each of my other children I have given money from time to time, for which I hold their notes or receipts. I hereby direct that in the settlement of my estate and the distribution of my property all such sums be regarded as advancements.
Item 8. I hereby give and devise unto my daughter, Sarah Gertrude Couch, of Henderson County, Illinois, Lot No. 664 in the city of Burlington, Des Moines County, State of Iowa, according to the original plat of said city.
Item 9. I hereby give and devise unto my son Samuel Leebrick Lots 192, 193, 230, 231, 274, 426 and 427 in Leebrick's Addition to the city of Burlington, Des Moines County, Iowa. I further direct that the value of Lot 394 in Leebrick's Addition aforesaid be chared to my said son as an advancement, the same having been deeded to him.
Item 10. I hereby give and devise unto my daughter, Clara Preston, the east one half of that portion of my homestead known and designated on the plat referred to in Item 5 hereof as Lot No. 485.
Item 11. To my son William Leebrick I give and devise Lot No. 11 in Leebrick's Sub-Division of Part of sections 6 and 7 in township 69, north of range 2 west, in Des Moines County, State of Iowa; Also Lots 410, 411, 412, 438, 443, 444 and 448, all in Leebrick's Addition to the city of Burlington, county and state aforesaid.
Item 12. To my son George Leebrick I give and devise the west half of that part of my homestead designated as lot 485 on the plat referred to in Item 5 hereof. I also give and devise unto my son George Leebrick Lots 595, 413, 414 and 428, all in Leebrick's Addition to the city of Burlington, Des Moines County, Iowa.
Item 13. To Helen M. Wallace, who for many years has been my trusted and faithful housekeeper and who has faithfully and well cared for my motherless children, I give and devise Lots 408, 409, 437 and 440 in Leebrick's Addition to the city of Burlington. Also Lot 9 in Leebrick's Sub-Division of parts of sections 6 and 7, in township 69, north of range 2 west, also Lot 148 in Smith's Addition to the city of Burlington, all said real estate being situate in Des Moines County, Iowa.
Item 14. To Sarah Gertrude Crouch of Henderson County, Illinois, I give and devise the following described real estate, to-wit Lots 184 and 185 in Smith's Addition to the city of Burlington, also Lots 214, 336, 416, 417, 418, 419 and 420 in Leebrick's Addition to the city of Burlington, also Lot No. 13 in Leebrick's Sub-Division of parts of sections 6 and 7, township 69, north of range 2 west, all of said real estate being situate in Des Moines County, Iowa, in trust, however for the following uses and purposes, viz., Said Sarah Gertrude Crouch is to take charge of said property and rent the same and out of the proceeds thereof to keep the premises in repair, to pay the taxes, special assessments and charges thereon, and to pay the net income from said property semi-annually to my son James Leebrick. I further authorize the said Sarah Gertrude Crouch, or her successor or successors, when in their judgment it is to the interest of the beneficiary herein named, to sell and convey any and all of said real estate, and execute good and sufficient deeds therefore and to loan the proceeds arising from such sale on good and sufficient security, and the income therefrom shall be paid to my son as above provided for the rents of the real estate. I further direct that if, at any time in the judgment of the trustee herein named or her successor or successors, ti shall be necessary for the support and maintenance of my said son, James Leebrick, to pay to him, or for his use and benefit, not to exceed five per cent of the principal in any one year, then I hereby authorize said trustee or her successor or successors to make such payment to my said son or for his use and benefit.
Upon the death of my said son, the property remaining in the hands of the trustee herein provided for shall become the property of his children or, if he die childless, then I direct that such property shall be equally distributed among his brothers and sisters, or in the event of the death of one or more of them prior to his decease, then the parent's share shall go to their children as by statute provided.
I further direct that in the event of the refusal of said Sarah Gertrude Crouch to qualify as trustee, or in the even of her death after entering upon the trust hereby created, then the district court of Des Moines County, State of Iowa, shall appoint a trustee to carry out the provisions of this Item of my will, and in the event of such appointment, and any vacancy or vacancies whatever shall be filled in the same manner, the person or persons so appointed shall be clothed with all the authority and exercise the same discretion as is given to said Sarah Gertrude Crouch by this Item of my will
I further direct that said trust shall make semi-annual statements to my said son of all receipts and disbursements from the property and funds in her hands by reason of the trust created by this Item of my will.
Item 15. To my daughter Sarah Gertrude Crouch of Henderson County, Illinois, I give and devise the west one half of Lot 741 in the original city of Burlington, also Lot 96 in Smith's Addition to the city of Burlington, and Lot 153 in Leebrick's Addition to the city of Burlington, all said real estate being situate in Des Moines County, State of Iowa, in trust for the following uses and purposes, viz., Said trustee shall take possession of all said real estate, lease the same and collect the rents and profits therefrom and out of the proceeds arising therefrom shall pay all taxes, dues, special assessments and insurance, and keep said premises sin good repair, and pay to my daughter, Mary Moore, upon her sole and separate receipt the net rents, revenues and income from said property; my purpose and object being that my said daughter, Mary Moore, shall receive such net rents, revenues and income free from any control of her husband or liability for his debts. Such payments to my daughter Mary Moore shall be made quarterly.
I further authorize the trustee herein named or her successor whenever in her judgment it is to the interest of the beneficiary herein named, to sell any portion or all of said real estate and to loan the proceeds on good and sufficient security and the revenue and income derived therefrom shall be disposed of as provided for the rents, revenues and income from the real estate above referred to.
Upon the death of said Mary Moore all of the property remaining in the hands of said trustee or her successor shall at once vest in and become the property of the children born to the said Mary Moore.
In the event of the refusal of said Sarah Gertrude Crouch to qualify or her death or resignation, I authorize the district court of Des Moines County, State of Iowa, to appoint a successor, and should other vacancies occur they shall be filled in the same manner, and the person or persons so appointed are hereby clothed with all the authority and are authorized to exercise the same discretion as is conferred by this Item upon said Sarah Gertrude Crouch, and said trustee or her successor shall make semi-annual reports to said Mary Moore of all receipts and disbursements under and by virtue hereof and the condition of the trust estate.
Item 16. To my grandson, Lewis Leebrick, the son of my son Edward, I give and devise Lots 473, 474, 475 and 476 in that part of my estate as surveyed and platted as provided by Item 5 hereof.
Item 17. To my grandson, Arthur Leebrick, the son of John P. Leebrick, I give and devise lots 455, 456, 457, 458, 459 and 460 in that part of my estate as surveyed and platted and referred to in Item 5 hereof, to have and to hold the same for the use and benefit of his brothers and sisters of the half blood, with power to sell and convey the same by good and sufficient deeds and hold the proceeds thereof for the use and benefit of his said half brothers and sisters, and in his discretion to expend the same of a portion thereof during their minority for their education and maintenance, or to hold the same until they severally attain their majority.
Item 18. I have executed and placed in the hands of the person named as executor in this well deeds for the real estate devised by Items 13, 14 and 15 hereof, and I direct my said executor immediately upon my decease to deliver said deeds to the grantees therein named, with a view and for the purpose of having the title to said real estate vest in said grantees.
Item 19. I hereby authorize and empower my executor to execute and deliver to such persons as may be entitled thereto deeds for all real estate for the sale of which I have executed contracts or bonds, as soon as such contracts or bonds shall have been fully performed.
Item 20. Any heir or devisee who shall contest the validity of this will, shall thereby forfeit all right to any provision made for his benefit hereby, and if any devise or bequest is made to any heir or devisee who shall contest this well, such contest shall operate as a revocation and forfeiture of all benefits conferred upon him hereby.
Item 21. I direct that all the remainder of my real estate shall be appraised by three competent persons, who shall be appointed by the district court of Des Moines County, Iowa, such appraisement to be made on the application of my executor; and I hereby authorize my executor to sell said real estate or any part thereof at private sale for the appraisment and said real estate may be sold on such terms as, in the judgment of my executor, may be for the interest of my estate, and I hereby authorize my executor to execute, without the intervention of any court, deeds conveying the real estate so sold.
If all of my real estate shall not have been sold within three years from the date of my death, then I direct my executor to offer and sell the same at public sale to the highest bidder, such notice as the district court of Des Moines County may direct of such sale shall be given for at least one month before the same. If, in the judgment of my executor, it is to the interest of the devisees named in this will that the real estate not sold with in three years from the date of my death shall not be sold at public sale, then upon the written request of a majority of such devisees upon application by my executor to the district court of Des Moines County, Iowa, said court shall appoint three disinterested parties to make partition of my real estate not sold among the devisees herein names.
Item 22. All the rest, residue and remainder of my estate of whatever kind or character the same may consist, including the proceeds arising from the sale of real estate as provided by Item 21 hereof, I hereby give, bequeath and devise in equal shares to my seven children named as devisees herein, but the portion due my son James and my daughter Mary Moore shall be paid to the trustees and hereinbefore provided and shall be used, both principal and interest, in the same manner as the other property devised to them herein.
Item 23. If before my death I shall sell or otherwise dispose of any or all the property devised by the provisions of this will, I direct my executor to substitute other property of substantially the same value in lieu of that so sold and conveyed.
Item 24. I hereby nominate and appoint John C. Power and Samuel Leebrick of Burlington, Des Moines County, Iowa as executors of this my Will and of my estate, and expressly exempt them from giving bond or other security as such.
In witness whereof I hereunto subscribe my name this 27th day of August 1897."--Iowa Wills and Probate Records>Des Moines>Probate Packets 1901-1930 Box N129-N131