Buena Vista County Wills and Probate
Last Will and Testament of Niels Christen Kjarsgaard
I, N. C. Kjarsgaard, of Newell Twp., Buena Vista County, Iowa, being of sound and disposing mind and realizing the certainty of death and the uncertainty of life, do hereby make, publish and declare this to be my last will and testament, hereby revoking all former wills by me made.
1st. I hereby will and direct that all my just debts, including the expense of my last sickness and burial, be first paid.
2nd. I hereby give, devise and will to Louis Kjarsgaard, Trustee, the south half of the southeast quarter of section number twenty seven, township number ninety north, range number thirty five west of the of the fifth P. M., directing that said trustee shall take and hold title to same as trustee and that he shall qualify without giving bond and without being required to make report thereof to Court, holding and transferring the title to said land as trustee without other qualifications. The purpose of said trust being as follows: that the said land shall go to said Louis Kjarsgaard, Trustee, he to use the proceeds thereof, either the income or the property itself should it be sold, for the proper care, protection and support of my daughter, Anna Kjarsgaard, during her lifetime, and to give her proper burial and interment. That the said trustee, following the death and burial of said daughter, Anna Kjarsgaard, shall divide the balance of the income and earnings and the proceeds of the property itself
among my four children, namely, Louis Kjarsgaard, Henry Kjarsgaard, Bertha Kjarsgaard and Tillie Christiansen, share and share alike. It is my further will that the same said trustee shall have right and authority without order of court and the as though he were the owner of said property, to sell and convey the said land at such time or place as he deems necessary for the purpose of carrying out said trust either in support and care of said daughter, or in the division to be had among the four children after her death. And I further will and direct that should my said son Louis die or be unable and fail to continue to act as such trustee, that my son Henry shall then act with the same authority and provision hereinbefore granted to my son Louis, and if neither of them should be able to act of having qualified should died or be otherwise incapacitated for continuing as such trustee, then I direct that my daughter Bertha Kjarsgaard shall act as such trustee with the same rights and privileges and authority as hereinbefore granted to either of the other persons herein named.
3rd. I hereby will and devise and bequeath all the balance and residue of my estate to be divided equally among my four children, Louis Kjarsgaard, Henry Kjarsgaard, Bertha Kjarsgaard and Tillie Christiansen, share and share alike.
4th. I hereby name and appoint Louis Kjarsgaard, or in event he cannot act, Henry Kjarsgaard, or in event neither of them can act, Bertha Kjarsgaard, as executor of this will and testament and direct that they or any of them shall qualify without bond.
Dated at Newell, Iowa, this 26th day of January, 1923.
N. C. Kjarsgaard
Witnesses:
Guy E. Mack
James Kladstrup
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