Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1913-03-27

Estate of George Bel. Deceased were
duly issued by said court to said James
G.. Whitney, that the said Anna Mar
garetha Wilhelmina Biel the said widow
and heir at law of said George Biel,
Deceased and who was beneficiary in
the said Will of said George Bel, De.
ceased, died in the Empire of Germany
on or about the 1st day of September,
1912 and that she never remarked after
the death of said George Bel and al
WAYS at all times remained the widow
of said George Bel, Deceased after his
death; that as the said petitioner and
plaintiff is informed and verify believes
the said Anna Margaretha Wilhelmina
| Bel left last Will and Testament with
Codicils thereto in which the said de-
| PENDANTS, William Freese alias Will
Freese, August Freese, Henry Joseph
! Freese, Francis Freese, Pearl Freese,
Fanny Freese, Mrs. Marie Iwers and
| Miss Martha Schultz, were named as
| beneficiaries therein, and that William
Freese and Heinrich Gottsche were
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 ap-
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-
tical 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 Bel, 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
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 in
terest on said sum from March 1st,
1913 at the rate of five per cent per an
mum, and one other debenture bond
signed and executed by the Whitney
Loan q 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, 1913 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 1st, 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, 1913, and
one note signed and executed by August
H. Freese for the principal sum of
Twelve Hundred Seventy Eight and
1910 Dollars and upon which there is
now due and owing the sum of twelve
| hundred seventy eight and D 100 dollars
with interest on said sum at the rate of
| six per cent per annum from August
9th, 1901, and cash to the amount of
! Four Thousand Six Hundred Thirty
Eight and Al 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 Biel, 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
Biel, 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; l 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 Will reading as
follows, to wit:
I'm case my wife above named re-
marries after my demise, l 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 Biel,
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 the
| o,xI int ,z 90 IL