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ABSTRACT OF TITLE TO The West 1/2 of Lot 9 in the Auditor's Plat of Green Acres First Annex, being a part of the East 1/2 of the S.W.1/4 of Sec. 10, Twp. 78 N., Rng. 3 East of the 5th P.M., situated in Davenport Township, Scott County, Iowa, plat of which is recorded in Misc. Book 11, at page 198 in the records of the Recorder's office of Scott County, Iowa; together with right-of-way over and across that tract of real estate designated as "Private Right of Way" and "Reserved for Right of Way" upon the Plats of Green Acres First Annex and Green Acres, for egress and ingress to Division Street Road. Prepared By PHELPS & VOLLERTSEN Davenport, Iowa Transcribed by Debbie Clough Gerischer
Click to enlarge photo No. 1. UNITED STATES OF AMERICA, ) ORIGINAL ENTRY. TO ) Dated: Aug. 14, 1848. ) O. E., page 32 GILBERT C. R. MITCHELL. ) Entry of the East 1/2 of S.W.1/4 & South 1/2 of S.E.1/4 of Section 10, Township 78 Range 3 East, in Scott County, Iowa, containing 160 acres. ~~~~~~~~~~~~~~~~~~~~~~~~ No.2. UNITED STATES OF AMERICA, ) CERTIFIED COPY OF PATENT. ) Dated: Aug. 17, 1849 TO ) Filed: Dec. 7, 1917 ) Rec'd: 71 Ld.D., 627. GILBERT C. R. MITCHELL. ) Conveys the East 1/2 of the S.W.1/4m and the South 1/2 of the S.E. 1/4 of Section 10 in Township 78 North, Range 3 East 5th M., in the District of Lands subject to sale at Iowa City, Iowa, containing 160 acres according to the survey thereof returned to the General Land Office by the Surveyor General. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 3. GILBERT C. R. MITCHELL ) WARRANTY DEED. (Signs & Acks. G. C. R.) ) Dated: Nov. 1, 1855 and ROSE A. MITCHELL, ) Ack'd: Nov. 24, 1855 his Wife, ) Filed: Nov. 24, 1855. ) Rec'd: "A" Ld.D., 300 To ) Cons.: $2150.00 ASAHEL H. BENNET and ) ALFRED WILLIS. ) Conveys the East 1/2 of the S.W.1/4 of Section 10 in Township 78 North, Range 3 East of the 5th P.M., containing 80 acres, more or less. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 4. ALFRED WILLIS AND CHARLOTTE ) WARRANTY DEED. A. WILLIS, his wife, ) Dated: Apr. 4, 1856. ) Ack'd: Apr. 26, 1856 To ) Filed: June 7, 1856. ) Rec'd: "P" Ld.D., 395 ) Cons.: $1600.00 ASAHEL H. BENNETT. ) Conveys an undivided 1/2 of the East 1/2 of the S.W.1/4 of Section 10 in Township 78 North, Range 3 East of the 5th P.M., containing 80 acres, more or less; meaning hereby to convey to said Bennett all the right and interest which we or either of us have to an undivided 1/2 of the 80 acres above described, situated in Scott County, Iowa, conveyed to said Bennett and Alfred Willis by dead from Gilbert C. R. Mitchell and Rose A. Mitchell, dated November 1, 1855, recorded in Book "A", page 300, in Scott County records. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 5. ASAHEL H. (Signs & Acks. ) WARRANTY DEED A. H.) BENNETT and ABBY ) Dated: Apr. 23, 1857 A. G. BENNETT, his Wife ) Ack'd: Apr. 23, 1857 ) Filed: Apr, 25, 1857 To ) Rec'd: "R" Ld.D., 115 ) Cons.: $2000.00 SAMUEL J. LYMAN. ) Conveys an undivided 1/2 of the East 1/2 of the S. W. 1/4 of Section 10 in Township 78 North, Range 3 East of the 5th P.M., containing 80 acres, more or less. ~~~~~~~~~~~~~~~~~~~~~~~~ No. 6 SAMUEL J. LYMAN and SARAH ) MORTGAGE L. LYMAN, his Wife, ) Dated: Apr. 11, 1860 ) Ack'd: Apr. 11, 1860 To ) Filed: Apr. 23, 1860 ) Rec'd: "S" Ld.M., 351 ALFRED WILLIS ) Mortgages an undivided 1/2 of real estate described as at preceding Item No. 5, and other real estate, to secure Alfred Willis against all loss he may be subjected to by reason of his signing a promissory note as surety for Samuel J. Lyman, which note is dated October 14, 1859 for the sum of $1000.00, payable on demand. Released on the margin of the record on January 26, 1864, by Alfred Willis. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 7 SAMUEL J. LYMAN and LIZZIE ) WARRANTY DEED T. LYMAN, HIS Wife, ) Dated: Aug. 4, 1870 ) Ack'd: Aug. 4, 1870 To ) Filed: Aug. 11, 1870 ) Rec'd: 41 Ld.D., 109 ) Cons.: $2000.00 JOHN CARLIN AND MICHAEL CARLIN ) Conveys an undivided 1/2 of the East 1/2 of the S. W. 1/4 of Section 10 in Township 78 North, Range 3 East of the 5th P.M. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 8 JOHN CARLIN AND MICHAEL ) QUIT CLAIM DEED CARLIN (Marital status not given), ) Dated: Aug. 8, 1870 ) Ack'd: Aug. 11, 1870 ) Filed: Aug. 11, 1870 To ) Cons.: $1.00 ) JAMES CARLIN ) Quit claims all interest, claim or demand of grantors in and to the undivided 1/2 of the East 1/2 of the S. W. 1/4 of Section 10 in Township 78 North, Range 3 East of the 5th P.M. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 9 JAMES CARLIN, ) MORTGAGE ) Dated: Aug. 8, 1870 To ) Ack'd: Aug. 11, 1870 ) Filed: Aug. 11, 1870 ) Rec'd: "Z" Ld.M., 476 SAMUEL J. LYMAN ) Mortgages an undivided 1/2 interest in and to the real estae described at preceding Item No. 8, to secure payment of $1333.33 in two installments, the last of which is due in two years from date, being part of the purchase money for said premises. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 10 SAM'L. J. (Signs & Acks. Samuel J.) LYMAN, ) RELEASE & SATISFACTION ) Dated: July 15, 1872 ) Ack'd: July 15, 1872 ) Filed: Nov. 9, 1872 To ) Rec'd: 32 Ld.M., 311 ) Cons.: Payment JAMES CARLIN ) Acknowledges fully paid and releases of record the mortgage dated August 8, 1870, executed by releasee herein and recorded in Book "Z: of Land Mortgages, at page 476, records of Scott County, Iowa. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 11 ASAHEL H. (Signs A. H.) ) MORTGAGE BENNETT and ABBY A. G. ) Dated: May 13, 1857 BENNETT, his Wife, ) Ack'd: May 29, 1857 ) Filed: June 1, 1857 To ) Rec'd: "L" Ld.M., 217 ) Cons.: $1000.00 ERASTUS SNOW ) Mortgages an undivied 1/2 of the East 1/2 of the S. W. 1/4 of Section 10 in Township 78 North, Range 3 East of the 5th P. M., containing 80 acres, more or less. Executed to secure payment of $1000.00 on May 13, 1859, with interest at the rate of 12% per annum, according to the terms of promissory note. (Abstracters' note: There is no record of any assignment, renewal, or notice of renewal of said mortgage.) ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 12 ASAHEL H. (Signs & Acks. A. H.) ) WARRANTY DEED BENNETT and ABBY ) Dated: Mar. 12, 1860 A. G. BENNETT, his Wife ) Ack'd: Mar. 12, 1860 ) Filed: Apr. 5, 1860 To ) Rec'd: "X" Ld.D., 392 ) Cons.: $1200.00 ERASTUS SNOW ) Conveys an undivided 1/2 of the East 1/2 of the S. W. 1/4 of Section 10 in Township 78 North, Range 3 East of the 5th P. M. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No 13 ERASTUS SNOW (Marital status not given), ) WARRANTY DEED ) Dated: Oct. 29, 1868 ) Ack'd" Oct. 29, 1868 To ) Filed: Nov. 3, 1868 ) Rec'd: 37 Ld.D., 639 ) Cons.: $500.00 L. MARIA SNOW ) Conveys an undivided 1/2 interest of and in the East 1/2 of the S. W. 1/4 Section 10 in Township 78 North, Range 3 East of the 5th P.M. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 14 L. MARIA SNOW, ) MORTGAGE ) Dated: Nov. 13, 1868 ) Ack'd: Nov. 14, 1868 To ) Filed: Nov. 17, 1868 ) Rec'd: "Z" Ld.M., 124 ) Cons.: $200.00 SARAH A. WATERMAN Mortgages the undivided 1/2 of the east 1/2 of the S. W. 1/4 of Section 10 in Township 78 North, Range 3 East of the 5th P.M. Executed to secure payment of $200.00 on November 13, 1870. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 15 SARAH A. WATERMAN, ) RELEASE & SATISFACTION ) Dated: May 6, 1875 ) Ack'd: May 6, 1875 To ) Filed: May 6, 1875 ) Rec'd: "Y" T.L.M. 66 L. MARIA SNOW ) Acknowledges fully paid and releases of record the mortgage dated November 13, 1868, made and executed by releases herein to releasor, recorded in Book "Z" of Land Mortgages, at page 124, records of the Recorder's Office of Scott County, Iowa. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 16 L. MARIA SNOW ) MORTGAGE ) Dated: Aug. 1, 1869 ) Ack'd: Aug. 1, 1869 To ) Filed: Aug. 12, 1869 ) Rec'd: "Z" L.M., 280 A. H. BENNETT, Guardian of T. H. McGee ) Mortgages the undivided 1/2 of the East 1/2 of the S. W. 1/4 of Section 10 in Twp. 78 N., Rng. 3 East of the 5th P.M. Executed to secure payment of the sum of $700, payable on or before four years from date. Released on the margin of the record on August 12, 1874, by A. H. Bennett, Guardian of T. H. McGhee. ~~~~~~~~~~~~~~~~~~~~~~~~ In Probate Cause No. 332 in the Circuit Court of Scott County, Iowa, it appears that on February 12, 1864, it is ordered by said Court that A. H. Bennett be appointed as Guardian of the person and estate of Thomas H. McGhee, insane, and that said A. H. Bennett duly qualified, and that letters of guardianship were issued to him; and that said A. H. Bennett continued to so act as guardian until December 20, 1878. In the papers of said Probate Cause the said ward is frequently referred to as T. H. McGee. ~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 17 L. MARIA SNOW (marital status not mentioned), ) WARRANTY DEED ) Dated: Aug. 10, 1870 ) Ack'd: Aug. 10, 1870 To ) Filed: Aug. 11, 1870 ) Rec'd: 39 L.D., 424 ) Cons: $2000.00 JAMES CARLIN ) Conveys the undivided 1/2 of the East 1/2 of the S. W. 1/4 of Sec. 10 in Twp. 78 N., Rng. 3 East of the 5th P.M. Subject to a mortgage for $700.00, dated August 1, 1869, and payable in four years from date. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 18 JAMES CARLIN, ) MORTGAGE ) Dated: Aug. 9, 1870 ) Ack'd: Aug. 11, 1870 To ) File'd: Aug. 11, 1870 ) Rec'd: 27 L. M., 220 L. MARIA SNOW ) Mortgages the undivided 1/2 of the East 1/2 of the S. W. 1/4 of Sec. 10, Twp. 78 N., Rng. 3 East of the 5th P.M. Subject to a mortgage of $700.00, payable on August 1, 1873. This mortgage given to secure a part of the purchase money for said premises. Executed to secure payment of the sum of $316.34, payable on August 8, 1871, and $316.36, payable on August 8, 1832, and said Carlin shall also pay a mortgage of $700.00 now on said premises, due August 1, 1873. ~~~~~~~~~~~~~~~~~~~~~~~~ No. 19 L. MARIA SNOW, ) RELEASE & SATISFACTION ) Dated: Sep. 17, 1874 ) Ack'd: Sep. 19, 1874 To ) Filed: Nov. 9, 1874 ) Rec'd: 32 L. M., 312 JAMES CARLIN ) Acknowledges fully paid and releases of record the mortgage dated August 9, 1870, made and executed by releasee herein to releasor, recorded in Book 27 of Town Lot Mortgages, at page 220, records of the Recorder's Office of Scott County, Iowa. ~~~~~~~~~~~~~~~~~~~~~~~ No. 20 JAMES CARLIN, a widower, ) QUIT CLAIM DEED ) Dated: Sept. 15, 1874 To ) Ack'd: Sept. 15, 1874 ) Filed: Nov. 9, 1874 ) Rec'd: 40 L.D., 578 JOHN CARLIN, his son. ) Cons.: $1.00, Love & Affec. Conveys the East 1/2 of the S.W. 1/4 of Sec. 10 in Twp. 78 No., Rng. 3 East of the 5th P.M. ~~~~~~~~~~~~~~~~~~~~~~~~~ No. 21 JOHN CARLIN and SARAH ) MORTGAGE CARLIN, his wife, ) Dated: May 4, 1875 ) Ack'd: May 5, 1875 To ) Filed: May 6, 1875 ) Rec'd: 34 L.M., 98 GERMAN SAVINGS BANK ) of Davenport, Iowa, a corporation. ) Mortgages the East 1/2 of the S.W. 1/4 of Sec. 10 in Twp. 78 N., Rng. 3 East of the 5th P.M. Excuted to secure payment of the sum of $360.00, payable in 6 months from date. Released on the margin of the record on November 3, 1875, by The German Savings Bank, by H. Lischer, Pres. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 22 JOHN CARLIN and SARAH ) MORTGAGE CARLIN, his wife, ) Dated: Nov. 4, 1875 ) Ack'd: Nov. 4, 1875 To ) Filed: Nov. 8, 1875 ) Rec'd: L. M., 55 DANIEL KELEHER ) Mortgages the East 1/2 of the S.W. 1/4 of Sec. 10 in Twp. 78 N., Rng. 3 East of the 5th P.M. Executed to secure payment of the sum of $600.00, payable in one year from date. Released on the margin of the record on October 2, 1876, by Daniel Keleher. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 23 JOHN D. CARLIN and SARAH ) MORTGAGE CARLIN, his wife, ) Dated: Oct. 16, 1876 ) Ack'd: Oct. 20, 1876 To ) Filed: Nov. 2, 1876 ) Rec'd: 33 L. M., 219 W. E. HASKINS. ) Mortgages the East 1/2 of the S.W. 1/4 of Sec. 10 in Twp. 78 N., Rng. 3 East of the 5th P.M. Executed to secure payment of the sum of $600.00, payable according to terms of promissory note. Released on the margin of the record on October 24, 1877, by W. E. Haskins. ~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 24 JOHN D. CARLIN and SARAH ) MORTGAGE CARLIN, his wife, ) Dated: Oct. 16, 1877 ) Ack'd: Oct. 16, 1877 To ) Filed: Oct. 16, 1877 ) Rec'd: 34 L. M., 279 GERMAN SAVINGS BANK of ) Davenport, Iowa, a corporation ) Mortgages the East 1/2 of the S.W. 1/4 of Sec. 10 in Twp. 78 N., Rng. 3 East of the 5th P.M., containing 80 acres, more or less. Executed to secure payment of the sum of $600.00, payable in installments, the last of which is due October 16, 1878. Released on the margin of the record on June 16, 1879, by The German Savings Bank, by H. Lischer, Pres. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 25 IN THE DISTRICT COURT OF THE STATE OF IOWA IN AND FOR SCOTT COUNTY. IN THE MATTER OF THE WILL ) In Probate No. 10219, Of ) App. Doc. 17, p. 119 JOHN CARLIN, deceased. ) June 30, 1920. Proof of death filed, showing that said deceased, late of Davenport, Iowa, died a widower on June 23, 1920. June 30, 1920. Will filed, opened and publicly read, and it is ordered that July 28, 1920, at 9 o'clock A. M., be fixed as the time for hearing the matter of the probate of the same, and it is further ordered that notice of said hearing be given by publication once a week for three consecutive weeks, of which the last publication shall be at least 10 days before such time of hearing, in the weekly edition of the Catholic Messenger, a newspaper published in Scott County, Iowa. July 16, 1920. Affidavit of publication of notice of probate filed, showing that said notice was published in each consecutive issue of the above named newspaper, commencing on July 1, 1920, and ending on July 15, 1920. August 2, 1920. It is ordered that the will be admitted to probate and recorded, which is accordingly done in Will Rec. 14, page 484; and it is further ordered that Henry Carlin be appointed as executor without bond, and Executor is directed to give notice of his appointment by posting a notice thereof at three public places in Scott County, Iowa, one of which shall be at the Court House. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ The will bears date of November 23, 1917, witnessed by two persons, signed "John Carlin", and directs as follows:- Item I. Directs that all of testator's just debts, funeral expenses, expenses of last sickness, and expenses of administration, be paid out of testator's estate, and personal property. Item II. "I hereby give, devise and bequeath unto my son, Michael Henry Carlin (sometimes called Harry Carlin, but hereinafter called Michael Henry Carlin), all the rest, residue and remainder of my personal property and estate of every kind and nature and wherever situated, to have and to hold the same unto him and to his heirs and assigns, absolutely and forever, subject, however, to the following qualifications and limitations:- I hereby will and direct that my ordinary household goods and kitchen furniture and the personal property ordinarily used by me and my family in and about my home, and owned by me, shall remain in my said home for the use of those members of my family who shall continue to make the said premises their home, and they shall remain so long as any one or more members of my family shall continue to make my present homestead property his or her home, which homestead property is hereinafter in Item IX of this my Last Will and Testament accurately described, and when the time shall arrive that none of my children shall wish to continue in the occupation of said premises as a home, then the same shall be divided, share and share alike, among my said daughters and son, Michael Henry Carlin, excepting only my daughter, Mary Carlin, hereinafter referred to and provided for. I give, devise and bequeath unto my grand-son, Charles Carlin, son of my son, William Carlin, the sum of $10., and I give, devise and bequeath unto my daughter, Mary Carlin, the sum of $5., to have and to hold the same unto them and to their several and respective heirs and assigns forever." Item III. Provides that in the event of certain contingencies said daughter, Mary Carlin, shall be maintained and supported with the proceeds of the personal estate hereinbefore devised to Michael Henry Carlin. Item IV. Devises certain real estate to son, James Albert Carlin, not including the real estate under examination. Item V. Devises certain real estate to daughter, Sarah Carlin, not including the real estate under examination. Item VI. Confirms a conveyance of certain real estate to son, Michael Henry Carlin, not including the real estate under examination. Item VII. Devises certain real estate to sons and daughters, Michael Henry Carlin, Sarah Carlin, Grace Carlin, Agnes Carlin, and Annie Carlin, not including the real estate under examination. Item VIII. "I herby give, devise and bequeath unto my two daughters, Elizageth Carlin and Agnes Carlin, the East 1/2 of the S. W. 1/4 of Section 10 in Twp. 78 N., Rng. 3 East of the 5th P.M. situated in Scott County, Iowa, to have and to hold the same unto them and to their heirs and assigns, absolutely and forever." Also devises certain real estate to daughters Annie Carlin and Grace Carlin. Item IX. "I am now the owner of the following described real estate situated in the City of Davenport, Scott County, Iowa, to-wit: Lot 1 in Block 13 of Sturdevant's 2nd Addition to the City of Davenport, Iowa, which property constitutes my homestead, and I now hereby give, devise and bequeath my said homestead property, share and share alike, unto my son, Michael Henry Carlin, and to my daughters, Sarah Carlin, Grace Carlin, Elizabeth Carlin, Agnes Carlin and Annie Carlin, to have and to hold the same unto them and to their heirs and assigns, absolutely and forever, subject, however, to the following limitations and qualifications:- My expectation is that my above named children or some of them will continue to occupy the said premises as a home for a great many years, and I hereby grant unto each and every one of my said children the right to occupy the said premises as a home so long as he or she shall remain unmarried, and I especially provide that my said son, Michael Henry Carlin, shall have dominion over the said property and shall manage and control the same and shall be the head of the family and that he shall use for the maintenance and support of said homestead and upkeep thereof and the support of himself and my said daughters, the income from certain of my other property as provided in Item XI of this my Last Will and Testament." Also directs further as to the use of said homestead, and directs that said property shall not be partitioned among testator's children so long as any of them shall continue to occupy the same as a home unless by mutual consent and agreement among all of said children. Item X. "By Subdivision (a) of Item VIII of this my Last Will and Testament I gave unto my two daughters, Elizabeth Carlin and Agnes Carlin, the East 1/2 of the S.W. 1/4 of Sec. 10 in Twp. 78 N., Rng. 3 East of the 5th P.M., in Scott County, Iowa, subject to certain limitations and qualifications, and one of these limitations and qualifications is as follows:- I have reason to believe that said land or a part thereof is underlaid with a vein or strata of coal or with other minerals, and I hereby reserve for the use and benefit of my son, Michael Henry Carlin, the right to prospect on said land for coal and other minerals, with right of ingrees and egress for such purpose, together with the occupation of so much of the surface of the said land as may be necessary for prospecting for coal or other minerals, and if coal or other minerals should be found in what shall be deemed to be paying quantities, then my said son, Michael Henry Carlin, shall have the right to sink a shaft or make other developments in accordance with the custom of mining coal and other minerals and to occupy a sufficient portion of the surface of such farm for such purpose, together with right of ingress and egress, and this shall be a continuous and perpetual right both for the purpose of prospecting for coal and other minerals, and of ultimately mining and removing coal and other minerals from under the said land for the use and benefit of my said son, Michael Henry Carlin, granting unto him the right, as aforesaid, to occupy a sufficient portion of the surface of said land for said purpose, together with a perpetual right of way to and from the said land, it being understood, of course, that if mining operations should be commenced and continued same must be done in accordance with the usual rules and approved and modern methods of mining, extracting and removing coal and other minerals." Item XI. "By Item VII and by Subdivisions (b), (c), (d), (e) and (f) thereof, and by Item VIII, and by Subdivisions (a), (b) and (c) thereof, of this my last will and testament, I gave unto my daughters, Sarah Carlin, Grace Carlin, Elizabeth Carlin, Agnes Carlin and Annie Carlin, certain tracts of real estate, subject to certain limitations and qualifications, which limitations and qualifications are as follows:- I hereby give and grant unto my son, Michael Henry Carlin, the right to manage and control said several tracts of land as Trustee , meaning that he shall be what is called a Common Law Trustee, or Trustee out of Court, and without any bond, and he, as such Trustee, shall manage and control said several tracts of land and collect the income arising therefrom and out of the income of each of said tracts of land he shall pay the taxes thereon and keep a reasonable amount of fire insurance on the buildings thereon and pay any other expenses necessary in keeping the property in good, ordinary repair, making, from time to time, such alterations and improvements as he may deem for the ultimate benefit of the land and of the donee thereof. Out of the net profits arising from the various tracts of land he shall keep up the expense of my homestead and contribute to my said daughters such sums of money as may be necessary for their support and comfort in sickness and in health and this shall continue regarding each of said several tracts of land so long as my home shall be kept as a home for any of the members of my family, except, if any one or more of my daughters, to whom special tract of land has been devised, shall desire to take the management and control of her own individual property out of the hands of my said Trustee, she shall have the right so to do, but if, after so doing, she should continue as a member of the family and remain in my homestead property she shall contribute her full share toward the maintenance, support and upkeep of my home, including all expenses incident thereto." Item XII. "I have in and by this my Last Will and Testament, disposed of all my personal property, including all that I shall have at the time of my demise, and I also have disposed of all of the real estate that I now own, but if it should happen that I should be the owner of any other real estate at the time of my demise, not herein specifically devised and disposed of, then I will and give the same share and share alike, unto my said son, Michael Henry Carlin, and my five daughters, Sarah Carlin, Grace Carlin, Elizabeth Carlin, Agnes Carlin and Annie Carlin, the intent being that said six persons are and shall be my residuary legatees." Item XIII. Provides that if any of said children shall contest said will, that such child or children shall not receive any portion of testator's estate. Item XIV. Appoints said son, Michael Henry Carlin, as sole Executor, without bond. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ August 2, 1920. Oath of Executor filed and letters issued. August 2, 1920. proof of posting notices of appointment of Executor filed, showing that said notices were posted at three public places in Scott County, one of which was at the Court House door, on August 2, 1920. August 19, 1920. Inventory filed. August 19, 1920. List of beneficiaries and real property filed, showing that testator left no widow, and showing the beneficiaries and heirs at law to be the following sons and daughters:- J. Albert Carlin, Mary Carlin, Sarah Carlin, Grace Carlin, Elizabeth Carlin, Agnes Carlin, Annie Carlin and Michael Henry Carlin, Also Charles Carlin, grandson of testator. Among other real estate listed appears the East 1/2 of the S.W. 1/4 Sec. 10, Twp. 78 N., Rng. 3. September 17, 1921. Duly verified final report of Executor filed, in which he recites item 2 of said will and states that after diligent search Executor has been unable to locate Charles Carlin, grandson of testator, the legates in said Item 2; and executor asks permission of said Court to pay said legacy of $10.00 to the Clerk of said Court until the whereabouts of said legatee can be located. Executor further states that he has paid to Mary Carlin, daughter of testator, the sum of $5.00, being the amount bequeathed to her in said Item 2, for which Executor submits the receipt of said Mary Carlin. Executor further states that all of the real estate left by the said John Carlin, deceased, by his Last Will and Testament was devised and bequeathed between his children, some of the same being left outright and the rest with provisions that Executor should have the right to manage and control said several tracts of land as Trustee. That in pursuance of said will Executor has managed the different tracts of land left by testator in accordance with the terms of said will, but that shortly prior to the filing of said final report the daughters of said John Carlin named in his will have exercised the option to take the management of their own individual property out of Executor's hands, and that after the approval of said final report the management and control of the several tracts of land left to the different daughters of said deceased shall be turned over to said respective heirs. Executor further states that no claims have been filed against said estate. October 8, 1921. It is ordered that said final report be approved and said Executor discharged. April 2, 1924. Three receipts of L. E. Blandine, Collector of Internal Revenue of the District of Iowa at Dubuque, for the aggregate sum of $287.17 in payment of inheritance tax, filed. In said receipts it is stated that the date of actual payment was 4-14-23. November 13, 1935. Certificate of D. S. Bliss, Deputy Commissioner of Internal Revenue filed (dated November 5, 1935) reciting that the estate tax with respect to said estate has been fully discharged, and duly provided for, and that by reason thereof said Deputy Commissioner releases the lien of the United States by Sec. 315 of the Revenue Act of 1926 on certain real estate, not including the real estate under examination. ~~~~~~~~~~~~~~~~~~~~~~~~~ No. 26 F. C. HARRISON, ) AFFIDAVIT ) Dated: Nov. 22, 1923 To ) Filed: Nov. 22, 1923 ) Rec'd: 111 T. L. D., 189 THE PUBLIC ) Affiant states that he is a resident of the City of Davenport, Iowa, and that he is engaged in the practice of law in said City. That during his lifetime, affiant was acquainted with one John Carlin who died on June 23, 1920, and that affiant knows that said John Carlin at the time of his death was a widower and left no wife surviving him. That affiant acted as attorney for the estate of John Carlin while the same was in probate in the District Court of Scott County, Iowa. That in pursuance to the provisions in the will of John Carlin that Michael Henry Carlin should have the right to manage and control the several tracts of land designated in the Will of John Carlin as Trustee as a Common Law Trustee or Trustee out of Court without a bond, that the said Michael Henry Carlin managed the different tracts of land left by John Carlin and paid the taxes, expenses for repairs, and that to the daughters of John Carlin he paid such sums of money as was necessary for their support and maintenance. That just prior to the filing of the final report in the Estate of John Carlin, the daughters of the said John Carlin, deceased, named in his will under said trust provisions, exercised the option given to them under the provisions of said will to take management of their own individual property out of Michael Henry Carlin's hands, and that shortly after the filing of the final report in the John Carlin estate the management and control of the several tracts of land to the different daughters of the said John Carlin, deceased, as provided in said will were turned over to said respective heirs. That on or about September 16, 1922, a return was made for federal estate tax, and that said return and a review of the same made subsequent thereto shows that the personal property of the said John Carlin at the time of his death was valued at $114.72, his miscellaneous property at $100.00, and his real estate at $84,760.00. That on April 12, 1923, a draft for the amount claimed by the Treasury Department of the United States Government was sent in full of the Government's claim for the federal estate tax in the estate of John Carlin to the Internal Revenue Collector at Dubuque, Iowa. That a claim at that time was made for an abatement on the amount claimed by the Government. And that a receipt in full for siad federal estate tax was mailed to affiant as attorney for the estate of John Carlin. No. 27 AGNES CARLIN and ) AFFIDAVIT ELIZABETH CARLIN ) Dated: Aug. 13, 1923. ) Filed: Aug. 27, 1923 To ) Rec'd: 111 T.L.D., 33. ) THE PUBLIC ) Affiants state as follows:- "Before me, Duane J. Leamer, a Notary Public in and for Scott County, State of Iowa, personally appeared Agnes Carlin and Elizabeth Carlin, known to me to be the owners of the land more particularly described as follows:- The East 1/2 of the S.W. 1/4 of Sec. 10, Twp. 78, Rng. 3. And stated under oath that they were managing the above described property free from the trusteeship of Michael Henry Carlin. Also stated that there had never been any coal mine under the above described property, and do not think there ever will be. They also stated that the total assets of the estate were set forth in accompanying Abstract, and that the amount of Federal State Tax was $350.00." (See Deed at No. 39.) ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ No. 28. (For Reference Only) MICHAEL HENRY CARLIN, SARAH ) WARRANTY DEED. CARLIN and AGNES CARLIN, all ) Dated: Aug. 15, 1924 unmarried; and GRACE BISHOP, ) Ack'd: Sept. 2, 1925 formerly Grace Carlin, and ) Ack'd: Sept. 9, 1924 JAMES BISHOP, her husband, ) Filed: Sept. 12, 1924 ) Rec'd: 114 T.L.D., 78. To ) Cons.: $1.00 & O.G. & V. ELIZABETH CARLIN and ANNIE CARLIN ) Conveys Lot 1, Block 13, Sturdevant's 2nd Addition to the City of Davenport, Iowa. This conveyance is being made under the terms and provisions of Item #9 of the Last Will and Testament of John Carlin, deceased, probate #10219, and by this instrument the grantors herein hereby waive all rights in and to the above described real estate, under said will. Internal Revenue Stamps ($4.00) attached and cancelled. (ABSTRACTERS' NOTE: This item is inserted herein for the purpose of showing that the liability of the said grantor, Agnes Carlin, and the grantee, Elizabeth Carlin, for the maintenance, support and upkeep of |
