Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1913-04-17

Freese, Francis Freese, Pearl Freese,
Fanny Freese, Mrs. Marie Iwers and
Miss Martha Schultz, were named as
beneticiaries therein, and that William
Freese and Heinrich Gottsche we're
named in said Will and Codicils thereto
as the Executors thereof and that said
Will has been admitted to probate in
the Court of Justice at Cuxhaven, Ger
many and said Heinrich Gottsche APP
pointed as executor thereof by said
Court of Justice, but that said Will has
not as yet been admitted to probate by
any court within the State of Iowa;
that the said petitioner and plaintiff is
informed and verify believes that the
said defendants, Anna Freese, Francis
Freese alias Frances Freese, and Frances
Anna Freese is one and the same iden-
teal person and is the daughter of
Henry Freese, Deceased; that the petit
toner and plaintiff, James G.. Whitney
as Administrator with the Will annexed
of the Estate of George Biel Deceased,
now has in his possession as such Ad.
ministrator the following described
assets and funds and personal property
belonging to the Estate of
George Biel Deceased, to wit one de.
benture bond signed and executed by
Il
of Atlantic, Iowa, for the principal sum
of Four Thousand Dollars and upon
which there is owing and unpaid the
sum of four thousand dollars with in
terest on said sum from March LIST,
1913 at the rate of five per cent per an
mum, and one other debenture bond
signed and executed by the Whitney
Loan & Trust Company of Atlantic,
Iowa, for the principal sum of Four
Thousand Dollars and upon which there
is owing and unpaid the sum of four
thousand dollars with interest on said
sum from March LIST, 1918 at the rate of
five per cent per annum, and one other
debenture bond signed and executed by
The Whitney Loan d Trust Company
of Atlantic, Iowa, for the principal sum
of Five Thousand Dollars and upon
which there is now owing and unpaid
the sum of FIVE thousand dollars with
interest on said sum at the rate of five
per cent per annum from March LIST, 1913,
and one note signed and executed by
Louis Scherrinsky, which is secured by
a mortgage on real estate and upon
which there is now due and unpaid the
sum of Fifty Five Dollars with interest
on said sum at the rate of six per cent
per annum from March LIST, 1918, and
one note signed and executed by August
H. Freese for the principal sum of
Twelve Hundred Seventy Eight and
15-100 Dollars and upon which there is
now due and owing the sum of twelve
hundred seventy eight and 100 dollars
with interest on said sum at the rate of
six per cent per annum from August
oath, 1901, and cash to the amount of
Four Thousand Six Hundred Thirty
Eight and 44-100 Dollars deposited in
The Whitney Bank of Atlantic, Iowa,
and that said petitioner and plaintiff has
all said assets, funds and personal pro-
perty belonging to the Estate of George
Biel, Deceased in his possession at the
City of Atlantic, Iowa, and that he de-
sires to make his final Report as the
Administrator with the Will annexed
of the Estate of George Bel, Deceased
and desires to disburse, deliver and dis,
tribute all said assets, funds and per-
sonal property to the party or parties,
or person or persons entitled to receive
the same, but said petitioner and plain
tiff does not know and Is unable to de-
termine to what party or parties, per
son or persons, or to whom he should
disburse, deliver and distribute said
assets, funds and property; that the
said last Will and Testament of George
Bel, Deceased, contains provisions
reading as follows, to wit:
II give devise and bequeath all my
property both real and personal to my
wife Anna Margaretha Wilhelmina
Biel, if she survives me. SO long as she
remains my widow, but if she remarries
then and in that case; / give, devise
and bequeath to my said wife the one
half of all my property both real and
personal, and the other half to the
children of my said wife, share and
share alike"
And that the said George Bel added
Codicil to his said VIII reading as
follows. to wit:
I'm case my wife above named re-
marries after my demise, / hereby de.
wise and bequeath unto Anna Freese
now of Boston, Mass, only daughter of
my wife's son, Henry Freese, deceased,
an equal share of my estate both real
and personal with my wife's two sons
above named, William and August, Q
these three persons William Freese,
August Freese and Anna Freese are to
have one third each of the one half of
my estate. under the conditions above
named, share and share alike" That
questions and disputes have arisen as
to the proper construction of the said
provisions of said Will of George Bel,
Deceased, and the petitioner and plain.
tiff is unable to construe and determine
the meaning and effect of said provisions
of said Will and Codicil and is unable
to determine what interest the said
Anna Margaretha Wilhelmina Bel, at
the time of her death, had in said Es-
tate of George Bel, Deceased, and tie
| L.. e 10 30, Il
termine to what parties or persons or
to whom he ought to legally disburse,
deliver and distribute the funds, assets
and property in his hands belonging to
the estate of George Bel, Deceased
That the said defendants, the Unknown
Claimants of all the cash, money, bonds.
notes, mortgages, accounts, funds, per
sonal assets and personal property of
every kind, belonging to the Estate of
George Biel, Deceased, late of the
County of Audubon, State of Iowa,
are the unknown heirs of said George
Bel, Deceased and all unknown
parties or persons if any, claiming by
through or under said unknown heirs
of George Bel, Deceased, or any of
them, any interest in or to the said cash,
money, bonds, notes, mortgages, &C
counts, funds, personal assets and per-
sonal property of every kind belonging
to the Estate of George Bel, Deceased,
or any part thereof, in any manner
whatsoever. That as the petitioner and
plaintiff is informed and verify believes
each and all of you, the defendants,
claim to have an interest in the assets,
funds and personal property belonging
to the Estate of George Bel, Deceased
and in the possession of said petitioner
and plaintiff as hereinbefore mentioned
and described That theinterest which
the said defendants, the Unknown
Claimants of all the cash, money, bonds, |
notes, mortgages, accounts, funds, per |
sonal assets and personal property of
every kind belonging to the Estate of
George Biel, Deceased, late of the
County of Audubon, State of Iowa, have
or claim to have in the said assets,
funds and personal property belonging
to the Estate of George Biel, Deceased
and in the possession of the petitioner
and plaintiff as hereinbefore mentioned
and described, is the interest. if any,
which they, or any Of them, acquired
and inherited as heirs of said George
Bel, Deceased, and the interest, if any,
which they, or any of them, acquired
from or through the unknown heirs of .
- n no1.~o DBL naoonaaI -. e.o.~ u