Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1913-04-10

the cash, money, bonds, notes, mort
cages, accounts, funds, personal assests
and personal property of every kind be-
longing to the Estate of George Bel,
Deceased late of the County of Audu-
bon, State of Iowa, have or claim to
have in the assets, funds and personal
property belonging ito the Estate of
George Bel, Deceased and in the pos
session of the petitioner and plaintiff as
hereinbefOre mentioned and described,
was derived, acquired and inherited
from said George Biel, Deceased as his
heirs and from the unknown heirs of
said George Bel, Deceased, or any of
them, as their respective heirs, devisees,
legatees, spouses, assignees or legal rep
resentatives, and the petitioner and
plaintiff does not know and is unable to
state more definitely than is hereinbe-
fore stated and set forth what interest
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 Bel, Deceased, late of the
County of Audubon, State of Iowa, or
any of them, have or claim to have in
and to the assets, funds and personal
property belonging to the Estate of
George Bel, Deceased and in the pos
session of the petitioner and plaintiff,
James G.. Whitney as Administrator
with the Will annexed of the Estate of
George Biel, Deceased as hereinbefore
mentioned and described, or how such
interest was derived or claimed to be
derived, although the said petitioner
AMI plaintiff has diligently sought to
learn the same more definitely. That
the names and residences of each and
all of 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 Bel, Deceased, late of the
County of Audubon, State of Iowa, are
unknown to saidpetitionera and plaintiff,
although he has sought diligently to
learn the same.
That the only wife that the said
George Biel, Deceased ever had was the
said Anna Margaretha Wilhelmina
Biel, Deceased and that the said Anna
Margaretha Wilhelmina Bel, Deceased,
left as her sole and only heirs the said
defendants, William Freese, August
Freese, Henry Joseph Freese and Fran
els Freese alias Frances Freese. That
the petitioner and plaintiff asks in said
petition that the said paragraph and
provision contained in the same Will of
George Bel, Deceased, reading as fol-
lows. 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 in that case; give, devise and be-
Queath 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" be
construed by the court as to whether
the testator, George Biel, gave, devised
and bequeathed to his said wife, Anna
Margaretha Wilhelmina Bel, in case
she survived him and remained his
widow during her lifetime and did not
remarry after his death, under the said
paragraph and provision of said Will,
the full, entire and absolute title to all
his property both real and personal, or
only gave, devised and bequeathed to
his said wife life estate in and to said
property, and that the court find, deter.
mine and adjudge whether under the
said paragraph and provision of said
Will the said Anna Margaretha Wilhel-
nina Biel, was given, devised and be-
queathed, in case that she survived the
said George Biel and remained his widow
during her lifetime and did not
remarry after his death, the full,
entire, complete and absolute title
to all the property both real and
personal left by the said George Bel
and owned by him at the time of his
death, or was only given, devised and
bequeathed life interest in and to said
property both real and personal, and
that the court find, determine and ad-
Judge whether under the said paragraph
and provision of said Will the said
George Bel intended to dispose of and
did dispose of, devise and bequeath all
of the property and estate, both real
and personal, left by him and owned by
him at the time of his death, absolutely
or only disposed of, devised and bequeath-
ed life estate of his wife, Anna Mar
garetha Wilhelmina Bel therein and
thereto and died intestate as to the re-
mainder of his property, and that the
court further construe the said provisions
in said Will and Codicil and determine
and adjudge what interest, if any, was
| given, devised and bequeathed, under
said Will and COdicil, to the children
| of Anna Margaretha Wilhelmina Bel
and to William Freese, August Freese
and Anna Freese, and that the court
find, determine and adjudge as to whet.
her or not any of the defendants are en-
titled to receive from the petitioner and
plaintiff all or any part of the said as
sets, funds and personal property in his
hands belonging to the Estate of George
Bel, Deceased, and that the court find,
determine and adjudge what parties or
party, persons or person and who is en-
titled TO receive from the petitioner and
plaintiff the said assets, funds and per.
sonal property in his hands belonging
to the Estate of George Biel. Deceased,
and that the court instruct, direct and
order the petitioner and plaintiff to
what parties CT party, persons or person
and TO whom he shall disburse, deliver
and distribute the said assets, funds
and personal property now in his hands
and belonging to the Estate of George
Bel, Deceased, and that in the event
that the court should find that said
Anna Margaretha Wilhelmina Biel was
the sole and only heir left by the said
George Biel, Deceased, and that he had
no other heirs, or in the event that the
court should find that the said Anna
Margaretha Wilhelmina Bel did not
remarry after the death of said George
Bel and that she was given absolutely
under the provisions of said Will of
George Bel, Deceased all his property
both real and personal in case she did
not remarry, then in either of said
events that the court find and adjudge
that the said Anna Margaretha Wilhel-
nina Biel died as the absolute owner
of all the said assets, funds and personal
property belonging to the Estate of
George Biel, Deceased and now in the
possession of the petitioner and plaintiff,
subject to, and after the payment there
from all claims and charges against the
Estate of George Bel, Deceased, and all
costs and expenses of administering on
said Estate Of George Biel, Deceased,
and that the same constitutes part of
the Estate of Anna Margaretha Wilhel.
nina Bel, Deceased, and that the peti
toner and plaintiff be ordered and
directed by the court to pay, deliver
and turnover all said assets, funds and
personal property, after paying there
from all claims and charges against the
Estate of George Biel, Deceased, and
all costs and expenses of administering
on said Estate of George Bel, Deceased,