The Leon reporter. (Leon, Iowa) 1887-1930, 1917-04-19

LOT large amount of real estate, to
wit: 1926 acres of land in Decatur
county, Iowa; certain residence prop
a large amount of moneys ana cred
it's amounting to about the. sum Of
$lO,OOO.O0 or more, and that sale
parties hereto are DESTROYS of set
Ting said matters amicably, and tC
the best interests OF both.
1t is now therefore agreed, tina!
tie said G. p. Gardner is to have and
all of the property to which the title
now stands in his own name, for his
own use and benefit, and that all OF
the personal debts of the said G.. E
Gardner shall be paid out OF the es-
tate and the proceeds thereof OF K
d. Gardner. That the said A. E
Gardner is to have and retain lot one,
the town of Leon, Town., bequeathed
to her in said will, and all OF the
lands now standing in her own name
for her own individual use and bene,,
tit, and that the remainder OF SAID
estate shall be placed in the hands OF
Fred Teale, as trustee, or IN case or
his inability or incapacity to act as
such trustee, then someone to be ap-
pointed by the court, providing how
ever, at all times that the said C.. p;
Gardner is not able on account of i'll
Health or other inability to look at
ter and care for said estate but that
in case the said c. E. Gardner at any
time is able 10 look after and care
for said estate by reason of his physl-
cal health and strength then that
the same is to be turne' back into
his hands for that purpose.
That it is agreed that out OF the
said estate there shall be set aside
a trustee fund in the sum OF two
thousand dollars to be held by the
said Fred Teale, as trustee, or IN case
of his inability to act, someone to be
cessors, whoever they may be, and
that the income therefrom is to be
turned over to the Leon Cemetery
Association for the purpose OF car
ing for the lot and graves or the
family Of r. ID. Gardner, including
the parties hereto, and any other
members that may be buried there
on, and, to care for the lot and graves
of the mother of A. E. Gardner and
others buried on said lot, and the
remainder of said income to be used
generally for the care and beautl-
Tying Of said cemetery. Said fund
to be made perpetual trust fund for
that purpose. That the sum OF one
thousand dollars shall be set aside
as a trust fund to be held by the
said Fred Teale as trustee, or his
Successors as appointed by the court
herein, the income from which shall
be used for the purpose OF caring
especially for the lot and graves OF
the father and mother OF Carrie
Gardner, and others buried thereon,
in the cemetery at Toledo, Iowa, and
any excess after caring for said lot
and graves to be used Tor the general
care and beautitying OF said Gene
terry. Said fund to be perpetual, ana
the income therefrom to be used Tor
the purpose above set out.
it is estimated that the real es-
tate belonging to said estate is OF
the reasonable value of eighty thous-
and dollars, and that the personal
property belonging thereto is OF the
reasonable value Of about ten thous-
and dollars, making a total in value
of some ninety thousand dollars.
That in case of the inability or in
capacity of the said G. E: Gardner 70
continue active charge OF said estate
and property, that the said Fred
thereof, and shall continue and con-
duct the affairs of the same, but
that in case the said c. e. Gardner at
any time is able to look after the at
fairs of said estate, that the same IS
% De returned to his possession;
custody and control TO be continued
as he and his mother may agree.
that while the same is in the
hands OF said trustee there shalt De
st aside and used for the use ana
benefit of Carrie Gardner, wife OF
the said G. f. Gardner, in case she
survives him, the sum Of sixty-hVe
dollars per month as long as she
shall live, and, that the remainder
of the income from said property
l,n f,1r.v NJ
ner, after paying the expenses or SAID
trusteeship, to be used by her as
she may desire.
That this agreement does not IN
clude any of the personal property or
real estate actually belonging to the
said A. e. Gardner or G. p. Gardner,
and that the final disposition OF said
property shall be made by the parties
(. b. Gardner and y. E. Gardner as
they may hereafter agree, the same
to be done by will or proper lnstru-
ment ash their attorney may deter
mine.
1t being expressly agreed and I'M
derStOOd that in case the SAD I. r..
Gardner shall survive his mother, A.
E. Gardner, that no will snail De
made Dv her, willing or devlslng the
property of said estate or her inter
est therein, excepting that may be
made bv the agreement OF the parties
hereto hereinafter entered into, but
that the same shall revert absolutely
to the said c. E. Gardner to be devils
ed and disposed Of by HIM as to hlm
may seem proper and best at all
times taking into consideration the
arrangement that may be made be-
tween him and his mother with
reference thereto.
+ This agreement is made at this
time on account Of the illness OF G..
E. Gardner, and in case OF his re-
covery and ability to take charge o.
and handle said estate, is ~ be OF no
further force and effect, unless he
same shall be approved Or in any
manner changed by the parties here
to.
Witness our hands this 10th day
OF January, 1915.
A. E. GARDNER,
G. E. GARDNER.
After the death of Charles E.
Gardner differences Of opinion hay
ing arisen between his mother, Al
mena Elizabeth Gardner, and the
guardian of his widow concernlng;
the proper Interpretation and legal