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ABSTRACT OF TITLE
Transcribed by Debbie Clough Gerischer
TO
Lot 85 of "Plat of Subdivision of Lot 73 of William F. Clough's
Subdivision,
Scott County, Iowa", being a part of the S.W. frac. 1/4 of Section 18,
Township 77 North, Range 3 East of the 5th P.M. in Rockingham Township, Scott
County, Iowa, as per plat thereof recorded in 50 Misc. 171 in the office of
the Recorder of Scott County, Iowa.
COMPILED BY C. U. NOLAN Attorney and Abstracter
No. 1.
United States of
America
) ORIGINAL ENTRY
to
) Filed March 26, 1839
William
White
) Book O. E. page 30
Enters the S. W. frac. 1/4 Section 18, Township 77, Range 3 E. No. of acres
158.46 in Scott County, Iowa.
No. 2
United States of
America,
) PATENT
John Tyler, President
by
)
R. Tyler, Secretary
-
) Dated December 1, 1841
U. S. General Land
Office
)
Seal
affixed
) Filed August 25, 1883
)
to
) Book 49 Ld. D. page 558
)
William
White
)
Grants the S. W. frac. 1/4 of Section 18, Township 77, North of Range 3 East
in the District of lands subject to sale at Burlington, Iowa Territory,
containing 158.46 acres.
No. 3
William
White
) MORTGAGE
) Cons. $200.00
to
) Dated March 27,1839
) Ack'd March 29, 1839
Henry Wilcox, James Davenport
) Filed March 29, 1839
and Adrian H.
Davenport
) Book "A" Ld.
M. page 1
Conveys by mortgage real estate described at No. 2 of Abstract, to secure
payment of said consideration one year from date.
Marginal release: "We do hereby acknowledge satisfaction of the
mortgage
here recorded May 15, 1940.
In H. Wilcox, Jas. Davenport & A. H. Davenport
A. H. Davenport."
No. 4.
William
White
) MORTGAGE
) Cons. $250.00
to
) Dated May 11, 1840
) Ack'd May 12, 1840
Henry
Wilcox
) Filed May ___, 1840
) Book "A" Ld. M. page
23
Conveys by mortgage real estate described at No. 2 of Abstract, to secure
payment of said consideration one year from date.
Marginal release: "I, Sally Wilcox administratrix of the Estate of
Henry
Wilcox dec'd, do hereby acknowledge that the sum of money due on the
Mortgage here recorded is paid in full and do further acknowledge full
satisfaction hereof."
No. 5.
IN THE DISTRICT COURT OF THE STATE OF IOWA IN AND FOR SCOTT COUNTY
In the Matter of the
Estate
)
)
of
) Probate No. 01121
)
Henry Wilcox,
deceased
)
December 10, 1840. Bond and oath of Sally Wilcox as administratrix of the
estate of Henry Wilcox, deceased, filed.
December 10, 1840. Bond of administratrix approved.
Abstracter's note: I find nothing further in said estate pertaining to
mortgage of William White, nor as to the final report of closing of said
estate.
No. 6.
William White and Jane Juliann
) WARRANTY DEED
White (ack. Jane Julia
Ann
) Cons. $1800.00
White, but signs Jane J. White)
) Dated August 12,
1841
his
wife
) Ack'd August 12,
1841
) Filed August 12,
1841
to
) Book "B"
Ld. D. page 199
)
John
Owens
)
Convey the S. W. frac. 1/4 of Section 18, Township 77 North, Range 3 East of
the 5th P.M. in Scott County, Iowa, and other land.
No. 7.
John
Owens
) MORTGAGE
) Cons.
$800.00
to
) Dated
August
12, 1841
) Ack'd
August 12, 1841
William
White
) Filed
August 12, 1841
) Book
"A"
Ld. M. page 130
Coveys by mortgage real estate described at No. 6 of Abstract, to secure
payment of said consideration according to note.
Marginal release: "I, William White, do hereby acknowledge to have
received
full satisfaction and payment of the mortgage here recorded and do discharge
and release any and all claims I have upon said land by virtue of said
mortgage. Sept 5, 1842. William White."
John Owens and Eunice,
his
) WARRANTY DEED
wife
) Cons. $1800.00
) Dated August 14, 1842
to
) Ack'd August 14,
1841
) Filed January 17, 1842
Bezaleil
Sanford
) Book "B" Ld.
D. page 293
Convey the S. W. frac. 1/4 of Section 18, Township 77 North, Range 3 East of
the 5th P.M. in Scott County, Iowa, and other land.
No. 9.
Bezaliel Sanford and Orra
) WARRANTY DEED
Sanford, his
wife
) Cons. $3200.00
) Dated
September 28, 1853
to
) Ack'd
September 28, 1853
) Filed
September 29, 1853
Joseph C. Staffelback
) Book "K"
Ld. D. page
308
Convey the S.W. frac. 1/4 of Section 18, Township 77 North, Range 3 East of
the 5th P.M. in Scott County, Iowa, and other land.
No. 10
Joseph C. Staffelback
(signs
) DEED OF TRUST
& ack. J. C. Staffelback)
) Cons. $2000.00
) Dated September 28, 1853
to
) Ack's September 28, 1853
) Filed October, 14, 1853
Charles Leslie,
Trustee
) Book "D" Ld.
M. page 71
Conveys by deed of trust property described at No. 9 of abstract, and other
lands, to secure payment of four notes totaling $2000.00 in favor of B.
Sanford, according to terms of said notes.
Marginal release: "For value rec'd I hereby acknowledge satisfaction
in full
for this mortgage & release & discharge the property therein named of
Record,
August 1, 1855.
B. Sanford."
No. 11
Joseph C. Staffelbach (ack.
) DEED OF
TRUST
same but signs J. C. Staffel-
) Cons.
$1768.00
bach) and Priscilla Staffel-
) Dated
May 11, 1859
bach (ack. same but signs
) Ack'd May
11, 1859
Priscilla F. Staffelbach),
) Filed May
11, 1859
his
wife
) Book
"Q" Ld. M. page
535
)
to
)
)
William Boolan,
Trustee )
Convey by deed of trust the property described at No. 9 of Abstract and other
lands, to secure payment of six notes totalling $1768.00, all in favor of
Joseph Gartside, to secure payment of said consideration on June 1, 1862.
Marginal release: "The debe herein mentioned having been paid in
full, I
hereby discharge this Deed of Trust of record. June 23rd, 1862
Joseph Gartside."
No. 12.
Joseph C. Staffelbach and
) MORTGAGE
Priscilla Staffelback, his wife
) Cons. $1044.00
) Dated November 8,
1872
to
) Ack'd November 16, 1872
) Filed November 20,
1872
William
McManus
) Book 30 Ld. M.
page 187
Conveys by mortgage property described at No. 9 of Abstract and other lands,
to secure payment of said consideration three years from date.
No. 13
Camilla S. McManus, widow of )
SATISFACTION
Wm. McManus, and late Exe-
) Cons. Full Payment
cutrix under his
Will
) Dated November 3, 1879
) Ack'd November 3, 1879
to
) Filed November 11, 1879
) Book 36 Ld. M. page 489
Joseph C. Staffelbach
)
Acknowledges satisfaction of mortgage recorded in 30 Ld. M. page 187 in the
office of the Recorder of Scott County, Iowa.
No. 14
IN THE DISTRICT COURT OF THE STATE OF IOWA IN AND FOR SCOTT COUNTY
In the Matter of the Last Will )
and
Testament
)
)
of
) Probate No. 1152
)
William McManus, deceased )
March 1, 1875. Copy of Will filed. Same provides in part as follows:
After payment of debts and cash bequests to each of four children the residue
should go to his wife, Camilla S. McManys, and "I hereby constitute and
appoint my said wife Camilla S. McManus, Executrix of this my last Will and
Testament."
Wm. McManus
Dated May 17, 1873.
Two Witnesses.
Attached is authenticated copy of Letters Testamentary issued to Camilla S.
McManus, Executrix of the Last Will and Testament of William McManus,
deceased, by the Probate Court of St. Louis County, Missouri.
March 2, 1875. Order admitting Will to Probate, filed. Same states
that
there is presented to the Clerk a copy of the Last Will and Testament of Wm.
McManus, deceased, together with a copy of the original record of the probate
thereof and a copy of the original Letters Testamentary granted to Camilla S.
McManus on the Estate of Wm. McManus, deceased, which said copies are duly
authenticated by Wm. E. Wagner, Clerk and J. G. Woerner, Judge of the Probate
Court in and for the County of St. Louis and State of Missouri in which said
Court and said Will was originally probated, and Letters Testamentary granted
thereon to said Camilla S. McManus, and it appearing to the Clerk that said
attestations were in due form of law and that the law relating to the
admission of foreign Wills to probate has been fully complied with, it is
therefore ordered that said Will be admitted to probate, and the same
together with the original record of the probate thereof and copy of Letters
Testamentary issued thereon be recorded.
March 25, 1875. Exectrux' bond filed and approved.
June 27, 1877. Executrix' final report filed. Same states that this
administration was ancillary to main administration in Missouri; that more
than two years has elapsed since this estate has been opened; that no claims
have been filed herein; that Executrix fully accounted to the Executrix in
the Missouri Court; that no reason remains why this administration should not
be closed.
June 27, 1877. Final report approved and estate closed.
No. 15
Joseph C. Staffelback (ack. same
) MORTGAGE
but signs J. C. Staffelback)
and
) Cons. $800.00
Priscilla Staffelback (signs
same,
) Dated November 10, 1879
but ack. Pricilla Staffelback)
) Ack'd November 13, 1879
his
wife
) Filed November
13, 1879
) Book 31 Ld.M. page 582
to
)
)
Mrs. Clark Kerker
)
Convey by mortgage property described at No. 9 of Abstract, and other land,
to secure payment of said consideration on November 10, 1880.
Marginal release: "The amount secured by this Mortgage having been
paid I
hereby release and discharge the same of record in full. The 20th day of
Novb. 1880.
Clara Kerker"
No. 16
Joseph C. Staffelbach (ack.
) RIGHT OF WAY DEED
Joseph C. Staffelback
and
) Cons. $800.00
signs J. C. Staffelbach)
and
) Dated August 2, 1880
Priscilla Staffelbach
(signs
) Ack'd August 2, 1880
same but ack.
Priscilla
) Filed August 4, 1880
Staffelback) his
wife
) Book 49 Ld. D.
page 55
)
to
) (For reference)
)
The chicago Rock Island
&
)
Pacific Railway
Company
)
Convey a strip of land through the S. W. 1/4 of Section 18 Township 77 North,
Range 3 East of the 5th P.M. in Scott County, Iowa, 100 feet in width, being
50 feet on each side of the center line of the railway of the said party of
the second part as located by its engineer for the construction of such
railway estimated to contain 6.35 acres.
No. 17
Joseph C. Staffelbach
and
) MORTGAGE
Priscilla Staffelbach, his
wife
) Cons. $3500.00
) Dated September 8, 1883
to
) Ack'd September 8, 1883
) Filed September 8, 1883
The Mutual Benefit Life
Insurance
) Book 39 Ld. M. page 327
Company
)
Convey by mortgage real estate described at No. 9 of Abstract, and other
lands, to secure payment of said consideration on January 1, 1889.
No. 18
The Mutual Benefit Life
Insurance
) SATISFACTION
Company, by Amzi Dodd, President,
) Cons. Full payment
corporate seal
affixed
) Dated
January 5, 1889
) Ack'd
January 5, 1889
to
) Filed
January 8, 1889
Joseph C. Staffelbach and
wife
) Book "A"
R. & A. page 85
Acknowledges satisfaction of mortgage recorded in 39 Ld. M. page 327 in the
office of the Recorder of Scott County, Iowa.
Acknowledgment recites that said instrument was executed by authority of the
Board of Directors of said corporation.
No. 19
IN THE DISTRICT COURT OF THE STATE OF IOWA IN AND FOR SCOTT COUNTY
In the Matter of the
Estate
)
)
of
) Probate No. 2374
)
Joseph C. Staffelbach,
)
Deceased
October 21, 1885. Petition of Priscilla Staffelbach for letters of
administration filed. Same states that Joseph C. Staffelbach died July 7,
1885 and left surviving his widow, Priscilla Staffelbach and the following
named children: William H. Staffelbach, George T. Staffelbach, Josephine
M.
Staffelbach and Ella M. Nebergall, all of age and asks that letters of
administration issue to her.
October 21, 1885. Order of Court appointing Priscilla Staffelbach,
Administratrix of said estate and fixing her bond, filed.
October 21, 1885. Administratrix' bond filed and approved.
October 22, 1885. Proof of posting notice of appointment as Administratrix,
filed. Same shows posting on October 21, 1885 at three public places in
Scott County, Iowa, one of which was at the front door of the Court House.
December 18, 1886. Administratrix' final report filed.
December 31, 1886. Administratrix' final report approved and
Administratrix
discharged.
~~~~~~~~~~~~~~~~~~~~~
No. 20
W. H. Staffelbach and Emma
) MORTGAGE
T. Staffelbach, his
wife
) Cons. $3000.00
) Dated September 28, 1885
to
) Ack'd September 28, 1885
) Filed January 14, 1886
Mary A.
Jenkins
) Book 41 Ld. M. page 342
Convey by mortgage an undivided 1/6 of the property described at No. 9 of
abstract, to secure payment of said consideration one year from date.
Marginal release: "December 31st, 1888. This mortgage having
htis day been
fully paid, the same is hereby released and discharged of record.
Mary A. Jenkins."
No. 21
IN THE CIRCUIT COURT OF THE STATE OF IOWA IN AND FOR SCOTT COUNTY
Priscilla Staffelbach, Josie
M.
)
Staffelbach, Ella M. Nebergall
)
and John P. Nebergall, her husband )
Plaintiffs
)
)
vs.
) PARTITION SUIT
)
George T. Staffelbach and Josephine
) Cause No. 5227
B. Staffelbach, his wife,
and
)
William H. Staffelbach and Emma
)
Staffelbach, his
wife
)
Defendants
)
November 25, 1885. Plaintiffs' vertified petition in equity filed.
Same
states that Joseph C. Staffelbach died intestate on July 7, 1885 and left
surviving his widow, Priscilla Staffelbach and four children, to-wit:
George
T. Staffelbach, William H. Staffelbach, Josie M. Staffelbach and Ella M.
Nebergall, wife of John F. Nebergall, all of legal age and being the only
heirs at law of said deceased, owning the following described real property
situated in Scott County, Iowa, to-wit:
The S.W. frac. 1/4 of Section 18, Township 77 North, Range 3 East of the 5the
P.M. and other land, subject to a mortgage to Mutual Benefit Life Insurance
Company of Newark, New Jersey, recorded in 39 Land Mortgages 327; that on the
death of said decedent the title to said real estate passed 1/3 to Priscilla
Staffelbach, as surviving widow, and 1/6 each to George T. Staffelbach,
William H. Staffelbach, Josie M. Staffelbach and Ella M. Nebergall, subject
to said mortgage, and prays for partition of said lands.
November 27, 1885. Original notice and return filed. Same is
directed to
said defendants and states that on or before November 27, 1885, there would be
filed in the office of the Clerk of said Court, the petition of said
plaintiffs, praying for partition of the the real estate described in
petition and notifying them to appear on or before noon of the 2nd day of
December, 1885 term of said Court, which would commence on December 7, 1885,
or default would be entered against them and judgment rendered thereon.
Endorsed thereon is affidavit of H. L. Jones, that he served said notice on
Geo. T. Staffelbach and Josephine B. Staffelbach on November 25, 1885, by
reading the same to each of them and by giving to each of them a true copy
thereof in Rockingham Township, Scott County, Iowa; the other defendants not
being found in Scott County, Iowa.
December 11, 1885. Appearance of defendants William H. Staffelbach and
Emma
Staffelbach and waiving service of notice, filed.
January 7, 1886. Answer of George T. Staffelbach filed. Same
admitting
allegations of petition, but alleges certain rights to personal property.
January 18, 1886. Cause heard. Plaintiffs appeared by their
attorneys and
defendants George T. Staffelbach and Josephine B. Staffelbach appeared by
their attorneys, but defendants William H. Staffelbach and Emma Staffelbach
filed no answer and default was entered for want of answer.
The Court finds plaintiffs were entitled to partition as prayed.
Wherefore it was ordered, adjudged and decreed that the said Priscilla
Staffelbach, Josie M. Staffelbach, Ella M. Nebergall, George T. Staffelbach
and William H. Staffelbach were tenants in common of the premises described
in the petition, and situated in the County of Scott and State of Iowa,
to-wit:
1. S. W. Frac. 1/4 of Section 18, Township 77 North, Range 3 East of the
5th
P.M.; also Lot 1 of fractional Section 19 in said Township and Range; also
part of the N. W. 1/4 of Section 18 bounded and described as follows:
Beginning at the S.E. corner of said N.W. 1/4 Section, thence running North
on 1/4 Section line 50 rods; thence West 160 rods to the West line of said
1/4 Section; thence South on said West line 50 rods to the S. W. corner of
said 1/4 Section; thence East on 1/4 Section line 160 rods to the place of
beginning, containing in all 225.58 acres; said land above described being,
however, subject to the lien and encumbrance of a mortgage thereon executed
by said Joseph C. Staffelbach and Priscilla, his wife, to the Mutual Benefit
Life Insurance Company recorded in 39 Ld. Mtgs. 327.
2. Lot 10 in Block 5 of Allen's 2nd Addition to the City of Davenport,
said
Lot 10 being the homestead of the said Joseph C. and Priscilla Staffelbach,
occupied by them as such at the time of the death of said Joseph and still
occupied as such by the said Priscilla; that the said Priscilla Staffelbach
is entitled to one equal undivided third part of said property and therefore
the said Lot 10 in Block 5 in Allen's 2nd Addition to the City of Davenport,
is set off to her on partition as part of her share, it having been the
homestead of her and said Joseph C. Staffelbach at the time of his decease,
and being less in value than one-third of the whole of said property; that
the said George T. Staffelbach, William H. Staffelbach, Josie M. Staffelbach
and Ella M. Nebergall are each entitled to one equal undivided sixth part of
said real property, and that the interest of all of said parties in said land
situated in said Sections 18 and 19 in Township 77 North, Range 3 East of the
5th P.M. are subject to the lien of said mortgage thereon and that each
should bear and contribute a proportionate part to the payment thereof.
And it is further ordered and adjudged that partition be made of said
property among and between the said parties so entitled, according to their
said several interests therein as hereby established and that Chas. H. Kent,
Francis J. Schaefer and Thomas Murray, all of said Scott County, be and they
are hereby appointed referees to make such partition and report the same to
the Court, and said referees are hereby directed in making such partition to
set off said Lot 10 in Block 5 in Allen's 2nd Addition to the City of
Davenport to the said Priscilla Staffelbach as part of her share, at its fair
and reasonable value to be ascertained and reported by them and also that
they ascertain and report the amount of the fair and reasonable value of said
property in said Section 18 and 19, subject to said mortgage and what share
or proportion the said Priscilla Staffelbach is entitled to in said land last
mentioned as and for the residue of her said third interest in the whole
property after setting off to her the said Lot 10.
January 18, 1886. commission to referee issued.
February 12, 1886. Intervention of Mary Ann Jenkins, filed. Same
states
that William H. Staffelbach mortgaged his interest to her by mortgage
recorded in 41 of Land Mortgages page 342, and asked that her mortgage be
decreed a lien on his share, subject to mortgage to Mutual Benefit Life
Insurance Company.
March 1, 1886. Referees' report of partition filed. Same sets forth
that
they allotted to the several parties the following parcels and according to
the attached plat:
To Priscilla Staffelbach, the homestead in Lot 10, Block 5, Allen's Second
Addition to Davenport, and also the tract described on the plat as "Lot
6"
subject to her payment of $716.67 on the Mutual Benefit Mortgage.
To William H. Staffelbach "Lot 1" of the plat.
To the said Josie M. Staffelbach, all that part of the S.W. frac. 1/4 of said
Section 18, bounded and described as follows, to-wit: Beginning at a point
on the 1/4 Section line between the S.W. 1/4 and the N.W. 1/4 of said
Section 18 which said point is 8 chains West of the Northeast corner of said
S.W. 1/4 of said Section 18, thence running South, 10.20 chains to the center
of road, thence South 62' West along center line of said road, 9.18 chains,
thence North, 14.50 chains to 1/4 Section line, thence East 8 chains to the
place of beginning; containing 9.88 acres, and being designated on said plat
as "Lot 2." And also all that part of the S.W. frac. 1/4 of said
Section 18,
and of the N.W. frac. 1/4 of said Section 19, bounded and described as
follows, to-wit: Neginning at a point 9.95 chains East, and 21.08 chains
South of the Northwest corner of the S.W. 1/4 of said Section 18, thence
running North, 64 1/2' East, along center line of road, 14.76 chains, thence
South 29.06 chains to the Mississippi River, thence Southwesterly along the
meanders of said river to a point 9.95 chains due East of the West line of
said Section 19; thence North 26.64 chains to the place of beginning,
containing 35.12 acres, and being designated on said plat as "Lot 3."
To the said Ella M. Nebergall: All that part of the S.W. frac. 1/4 of said
Section 18, with the building and improvements thereon, bounded and described
as follows, to-wit: Beginning at a point on the 1/4 Section line between
the
S.W. 1/4 and the N.W. 1/4 of said Section 18, which said point is 9.95 chains
East of the Northwest corner of the S.W. 1/4 of said Section 18; thence South
21.08 chains to the center of road, thence North 64 1/2' East along the
center line of said road 15.52 chains, thence North 14.50 chains to 1/4
Section line, thence West 14.05 chains to the place of beginning, containing
25 acres, and designated on said plat as "Lot 4."
To George T. Staffelbach, "Lot 5."
March 1, 1886. This cause now coming on for final hearing on the report of
the referees heretofore appointed therein to make partition of the real
estate described in the petition among the several parties in accordance with
their respective rights and interests as settled and established by the
Court, the said parties appeared by their respective attorneys and thereupon
all the said parties consenting to the confirmation of the report of said
referees, the same is in all respects confirmed.
And thereupon (all the said parties expressly consenting to this judgment and
that it be rendered and entered in vacation) it is considered and adjudged as
follows, to-wit:
That the partition of said real property described in the petition herein,
among the several parties entitled thereto to-wit: the said Priscilla
Staffelbach, Josie M. Staffelbach, Ella M. Nebergall, George T. Staffelbach
and William H. Staffelbach as the same has been made and reported by the said
referees and confirmed by the Court, be and the same is hereby made and
declared to be firm and effectual forever, so that the said several parties
shall respectively hold the parcels or tracts of land so allotted and set off
to them respectively in severalty in fee simple, free and clear from any
claim or interest therein or thereto (except as hereinafter provided) on the
part of any or either of the said other parties hereto, with whom they were
respectively tenants in common of said land, prior to this partition.
And it is further adjudged and decreed that each of said parties, among whom
said partition is made, shall so take and hold the share or part of said land
situated in Section 18 and 19 in Township 77 North, Range 3 East of the 5th
P.M., so allotted and set off to such party, subject to the obligation to
contribute to the payment and satisfaction of said mortgage, and
It is further adjudged and decreed that this partition shall be finding and
effectual as against Mary Ann Jenkins, as mortgagee of the undivided interest
of William H. Staffelbach in said real property and that the lien of her said
mortgage shall attach upon and be limited to the share and portion os said
land hereby alotted and set off to said William H. Staffelbach.
Abstracter's note: The file in this matter cannot be located in the office
of the Clerk of the District Court of Scott County, Iowa, and said
proceedings were abstracted from the complete record appearing at 2 Circuit
Court Record, commencing on page 261.
Click to enlarge plat map
No. 22.
William H. Staffelbach and
)
MORTGAGE
Emma Staffelbach, his wife
)
Cons. $1500.00
)
Dated January 2, 1889
to
)
Ack'd January 2, 1889
)
Filed January 3, 1889
German Savings Bank, Davenport, )
Book 27 Ld. M. page 530
Iowa
)
Convey by mortgage the property described in captain of
this Abstract
and other lands, to secure payment of said consideration January 2, 1892.
Marginal release: "This mortgage is hereby
released and discharged of
record this 11th day, of January, 1901.
Witnessed by Ignatius Schmidt,
The German Savings Bank
Deputy Recorder
of Davenport, Iowa
By: Chas. N.
Voss, Cashier
No. 23
W. H. Staffelbach and Emma T.
) MORTGAGE
Staffelbach (Ack. same but
) Cons. $968.55
signs Emma Staffelbach),
) Dated February 5, 1892
(Aks. as his wife)
) Ack'd February 6, 1892
) Filed May
31, 1892
) Book 43 Ld. M. page 447
to
)
)
Wm. Austin
)
Convey by mortgage the property described in caption of
this Abstract
and other lands, to secure payment of said consideration according to note.
No 24.
William Austin
) RELEASE
) Cons.
Payment
to
) Dated
December 4, 1895
) Ack'd
December 4, 1895
Wm. H. Stafflebach and
) Filed
December 5, 1895
Emma T. Staffelbach
)
Book "B" R. & A. page 432
Releases the mortgage dated February 5, 1892 and
recorded in Book 43 of
Land Mortgages, page 447 in the Recorder's office of Scott County, Iowa, as
fully paid and satisfied.
No. 25.
W. H. Staffelbach and Emma
T.
)
WARRANTY DEED
Staffelbach, his
wife
)
(For Reference)
)
Cons. $500.25
to
)
Dated July 5, 1892
)
Ack'd July 5, 1892
A.
Kimball
)
Filed July 14, 1892
Book 56 Ld. D. page 32
Convey all that part of the S. W. frac. 1/4 of Section
18 in Township 77
North, Range 3 East of the 5th P. M., in Scott County, Iowa, which is bounded
and described as follows, to-wit: Beginning at the North East corner of
said
S. W. 1/4 of Section 18, thence running West 8 chains, thence South 10.20
chains to the center of the road, thence North 62' East along the center of
road to a point on the East line of said S. W. 1/4 of Section 18, thence
North 5.90 chains to the place of beginning, containing 6.67 acres more or
less.
No. 26
Wm. H. Staffelbach
and
) WARRANTY DEED
Emma T. Staffelbach, his
wife
) Cons. $2200.00
)
Dated November 30, 1895
to
)
Ack'd November 30, 1895
)
Filed December 23, 1895
George T. Staffelbach
) Book 56 Ld. D. page 240
Convey all that part of the S. W. frac. 1/4 of Section
18 and that part
of the N. W. frac. 1/4 of Section 19 in Township 77 North, Range 3 East of
the 5th P. M., in Scott County, Iowa, bounded and described as follows,
to-wit: Beginning at a point in the cneter of the road 5.90 chains South
of
the North East corner of the S. W. 1/4 of Section 18, Township and Range
aforesaid, thence South 62' West along the center of the road aforesaid 19.01
chains, thence South 29.06 chains to the Mississippi River, thence North
easterly along the meanders of said river to a point where the East line of
said South West 1/4 of said Section 18, Township and Range aforesaid
intersects said River, thence North 29.10 chains to the place of beginning.
No. 27.
George T. Staffelbach
and
) MORTGAGE
Josephine B. Staffelbach,
) Cons. $1500.00
his
wife
) Dated December 27, 1900
) Ack'd December 27, 1900
to
) Filed December 27, 1900
) Book 44 Ld. M. page 29
German Savings Bank,
of
)
Davenport,
Iowa
)
Convey by mortgage the property described in caption of
this Abstract,
and other lands, to secure payment of said consideration December 27, 1905.
No. 28.
The German Savings Bank
of
) SATISFACTION
Davenport, Iowa, by Chas.
N.
) Cons. Full payment
Voss, President and
Ed.
) Dated January 3, 1910
Kaufman, Cashier -
corporate
) Ack'd January 3, 1910
seal
affixed
) Filed January 4, 1910
)
Book "G" R. & A. page 610
to
)
)
George T. Staffelbach and
wife
)
Acknowledges satisfaction of mortgage recorded in Book
44 of Land
Mortgages, page 29 in the office of Recorder of Scott County, Iowa.
Acknowledgment recites that said instrument was executed by authority of the
Board of Directors of said corporation.
No. 29.
IN THE DISTRICT COURT OF THE STATE OF IOWA IN AND FOR SCOTT COUNTY
In the Matter of the
Last
)
Will and
Testament
)
)
of
)
Probate No. 10666
)
George T. Staffelbach,
)
Deceased
)
December 5, 1921. Proof of death filed.
Same states that George T.
Saffelbach died a resident of Scott County, Iowa, on November 30, 1921.
December 5, 1921. Will filed, opened and publicly
read.
WILL.
1. Directs payment of debts, etc.
2. "I hereby give, devise and bequeath unto
my beloved wife, Josephine
B. Staffelbach, all the rest, residue and remainder of my estate and
property, real, personal and mixed, of whatsoever kind and nature, and
wherever situated, to have and to hold the same unto her and to her heirs and
assigns, absolutely and forever.
3. "I hereby make, constitute and appoint my
said wife, Josephine B.
Staffelbach, sole Executrix of this my Last Will and Testament, and I exempt
her from the necessity of giving bond for the execution of the same."
Signed
George T. Saffelbach
Three Witnesses. Dated May
31,
1921.
December 5, 1921. Ordered by the Court that the
matter of probate of
said Will be heard January 2, 1922 at 9 o'clock A. M. in said Court and that
notice be given by publication in the Daily Times, once a week for three
consecutive weeks, the last publication to be at least ten days prior to the
time of hearing.
December 24, 1921. Proof of publication of notice
of probate filed.
Same shows publication in the Daily Times on December 6, 13, 20, 1921, as
ordered.
January 3, 1922. Order admitting Will to probate,
filed and Josephine
B. Staffelbach named in the Will as Executrix, appointed as such, without
bond and directed to give notice of her appointment by posting at three
public places in Scott County, Iowa, one of which was to be at the Court
House.
January 9, 1922. Executrix' oath filed.
January 9, 1922. Letters issued to Josephine B.
Staffelbach.
January 9, 1922. Proof of posting notice of
appointment as Executrix,
filed. Same shows posting on January 9, 1922, in three public places in
Scott County, Iowa, one of which was at the Court House door.
January 9, 1922. List of heirs and description of
real estate, filed.
Heirs: Josephine B. Staffelbach, widow; Earl T. Staffelbach, LeRoy N.
Staffelbach and Hazel R. Staffelbach, children, all of legal age.
Real Estate: All that part of the S. W. frac. 1/4
of Section 18, and
that part of the N. W. frac. 1/4 of Section 19 all in Township 77 North,
Range 3 East of the 5th P.M., in Scott County, Iowa, bounded and described as
follows:
Beginning at a point in the center of the road 5.90
chains South of the
N.E. corner of the S.W. 1/4 of said Section 18, Township and Range aforesaid;
thence South 62' West along the center of the road aforesaid 19.01 chains,
thence South 29.06 chains to the Mississippi River, thence Northeasterly
along the meanders of the said river to a point where the East line of the
said S. W. 1/4 of Section 18, Township and Range aforesaid, intersects said
river, thence North 29.10 chains to the place of beginning, containing 47
acres, more or less, and other lands.
January 9, 1922. Preliminary Inheritance Tax
Report filed. Same sets
forth identically the same persons and the same description of real estate as
set forth in List of Heirs and Description of Real Estate.
July 27, 1922. Commission to Inheritance Tax
appraisers, issued.
August 15, 1922. Report of Appraisers,
filed. Same fixes value of real
estate at $20,000.00 and personal property at $156.35.
February 19, 1923. Executrix' final report
filed. Same states that
said estate is not subject to an Inheritance Tax to the State of Iowa; that
more than one year has expired since Executrix gave notice of her appointment
as such and that she has paid for funeral expenses, all expenses of last
sickness of deceased and all debts of deceased and that no claims have been
filed against said estate. That Petitioner, Josephine B. Staffelbach, who
is
the widow of said deceased, is sole devisee of all property of said deceased
and is now in possession of same and as an individual, waives notice and
consents to the discharge of Executrix and to the closing of said estate.
Prays that final report as Executrix be approved; that she be discharged from
any further duties as such and estate closed.
February 19, 1923. Ordered by the Court that
Executrix' report be and
it is hereby approved and confirmed, Executrix discharged and estate closed.
No. 30.
Josephine Staffelbach, ack.
) EASEMENT
and signs Josephine
B.
) (For reference)
Staffelbach
) Dated November 20, 1924
) Ack'd November 20, 1924
to
) Filed November 21, 1924
) Book 75 Ld. D. page 532
Scott County,
Iowa
)
Conveys "for road purposes and for use as a Public
Highway, the
following described premises situated in the County of Scott, State of Iowa,
to-wit:
"A strip of land 100 feet wide, lying adjacent to
and northerly of the
north side of way line of C.R.I & P.R.R. Beginning at the East line of
N. &
S. Township Road located on the West line of Section 18, T. 77 N. R. 3 E.;
thence running easterly 639 feet more or less. Also a strip of land 100
feet
wide, lying adjacent to and northerly of hte north right of way line of
C.R.I. & P.R.R. Beginning on the N. & S. 1/4 line of said Section
18 thence
running westerly 1249 feet more or less. Above described tracts containing
4.34 acres more or less. For road purposes."
No. 31.
IN THE DISTRICT COURT OF THE STATE OF IOWA IN AND FOR SCOTT COUNTY
In the Matter of the Last
Will
)
and
Testament
)
)
of
)
Probate No. 19520
)
Josephine B. Staffelbach
)
April 2, 1943. Verified petition of LeRoy
Staffelbach for probate of
Will filed. Same states that Josephine B. Staffelbach died a resident of
Scott County, Iowa, on November 12, 1942, and left an instrument purporting
to be her Last Will, dated February 21, 1931, and left the following as her
only heirs at law: Hazel Staffelbach, daughter, LeRoy Staffelbach, son,
Earl
Staffelbach, son, all of legal age, and states that the deceased died a
widow. Prays that the Court fix a day for hearing of the matter of probate
of said instrument and direct personal service of notice of such hearing.
April 2, 1943. Ordered by the Court that April 8,
1943 at 9 o'clock
A.M. in said Court be fixed as the time of hearing of the probate of said
instrument; that notice be given by personal service to the heirs at law
mentioned in the petition, at least two days before the time of hearing.
April 2, 1943. Notice of probate, setting
forth time and place of
hearing of probate of said instrument in accordance with foregoing order,
filed. Endorsed thereon is the following:
We the undersigned, hereby accept due and legal
personal service of the
foregoing notice, with copy thereof, at Davenport, Iowa, this 2nd day of
April, 1943, and certify that we are the daughter and two sons of said
deceased, and we hereby consent and request that the aforesaid instrument
dated February 21, 1931, purporting to be the Last Will and Testament of
Josephine B. Staffelbach be admitted to probate.
Signed LeRoy
Staffelbach
Hazel
Staffelbach
Earl
Staffelbach
April 8, 1943. Ordered by the Court that said
Will be admitted to
probate and that Hazel Staffelbach, LeRoy Staffelbach and Earl Staffelbach,
named in the Will as such, be appointed fExecutors without bond and that they
give notice of their appointment by posting at three public places in Scott
County, Iowa, one of which shall be at the Court House.
WILL
Item I. Bequeaths personal property to Hazel
Staffelbach.
Item II. Directs payment of debts.
Item III. All the rest, residue and remainder of
my Estate, of whatever
kind and nature, and wherever situated, whether the same be real, personal or
mixed, I hereby give, devise and bequeath unto my beloved children, Hazel
Staffelbach, of Davenport, Iowa; LeRoy Staffelbach of Chicago, Illinois; and
Earl Staffelbach of Chicago, Illinois, share and share alike, to have and to
hold the same unto them and to their heirs and assigns, absolutely and
forever.
Item IV. I hereby make, constitute and appoint my
said children, Hazel
Staffelbach, LeRoy Staffelbach and Earl Staffelbach, Executors of this my
Last Will and Testament, and I exempt them from the necessity of giving bond
for the execution of the same.
Dated February 21, 1931.
Signed Josephine B. Staffelbach
Two witnesses.
April 8, 1943. Executors' oath filed and Letters
issued to Hazel
Staffelbach, LeRoy Staffelbach and Earl Staffelbach.
April 8, 1943. Proof of posting notice of
appointment of Executors,
filed. Same shows posting on April 8, 1943, at three public places in
Scott
County, Iowa, one of which was at the front of the Court House.
April 17, 1943. Claim of Treasurer of Scott
County, Iowa, for an
unstated amount, filed.
July 19, 1943. Probate Inventory, Report of
Beneficiaries and
Description of Real Estate, filed. Beneficiaries: Hazel Staffelbach,
LeRoy
Staffelbach, Earl Staffelbach, all of legal age. Same sets forth that
deceased died a widow, also no children born after execution of Will.
Description of real estate:
All that part of the S. W. frac. 1/4 of Section 18 and
that part of the
N. W. frac. 1/4 of Section 19, all in Township 77 North, Range 3 East of the
5th P.M. in Scott County, Iowa, bounded and described as follows:
Beginning
at a point in the center of the road 5.90 chains South of the North East
corner of the S. W. 1/4 of said Section 18, Township and Range aforesaid,
thence South 62' West along the center of the road aforesaid 19.01 chains,
thence South 29.06 chains to the Mississippi River, thence Northeasterly
along the meanders of said river to a point where the East line of said S.W.
1/4 of Section 18, Township and Range aforesaid, intersects said river,
thence North 29.10 chains to the place of beginning, containing 47 acres,
more or less, and other lands.
Total value of estate $26,436.83.
July 26, 1943. Application for Relief from
Appraisement for Inheritance
Tax Purposes, filed. Same sets forth identically the sme beneficiaries,
the
same description of real estate and the same total value of estate as set
forth in Probate Inventory. Endorsed thereon under date of July 23, 1943,
is
the consent of the State Tax Commission of the State of Iowa, consenting to
the relief of this estate from appraisement for inheritance tax purposes.
Also endorsed thereon under date of July 26, 1943 is an order of the Deistrct
Court of Scott County, Iowa, ordering this estate relieved from appraisement
for inheritance tax purposes and decreeing that the transfer of the assets of
said estate to the persons entitled thereto is exempt from the imposition of
an inheritance tax.
July 25, 1944. Certificate of State Tax
Commission, Income Tax
Division, State of Iowa, certifying that no State Income Tax is due in said
estate, filed.
July 25, 1944. Executors' final report
filed. Same states that
deceased left as her only heirs at law and as the only beneficiaries under
her Will the following children: Hazel Staffelbach, LeRoy Staffelbach and
Earl Staffelbach, all of age, and that deceased died a widow and had no
children born after the execution of her Will. That more than six months
expired since they gave notice of their appointment as Executors; that the
funeral expenses and expenses of last sickness have been paid and that said
estate is not subject to Federal Estate Tax, Iowa Estate Tax and that there
is no Income Tax due or unpaid the State of Iowa and that all claims against
said estate have been paid. Prays that final report be approved, Executors
discharged and estate closed.
Attached is certificate of Treasurer of Scott County,
Iowa, certifying
that all personal taxes due and to become due from said estate have been
fully paid.
July 25, 1944. Order prescribing notice of final
report, filed. Same
fixes August 1, 1944 at 9 o'clock A.M. in said court as time and place of
hearing on final report and orders that notice be given by posting at the
front door of the Court House in Davenport, Iowa, at least five days before
time of hearing.
July 25, 1944. Proof of posting notice of final
report, filed. Same
shows posting in Scott County, Iowa, at the front door of the Court House on
July 25, 1944.
August 1, 1944. Final report approved, Executors
discharged and estate
fully and finally closed.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~
No. 32.
Hazel Staffelbach,
single,
) WARRANTY DEED
LeRoy Staffelbach and Erna
) Cons. $1.00 & Val.
Staffelbach, his wife,
and
) Dated November 13, 1947
Earl Staffelbach and Ruthetta
) Ack'd November 20, 1947
Staffelbach, his
wife
) Ack'd November 13, 1947
)
Filed November 21, 1947
to
) 87 Ld. D. page 461
)
William G. Wundram,
Sr.
)
Convey all that part of the S.W. frac. 1/4 of Section
18 and that part
of the N.W. frac. 1/4 of Section 19, all in Township 77 North, Range 3 East
of hte 5th P.M., in Scott County, Iowa, bounded and described as follows:
Beginning at a point in the center of the road 5.90 chains South of the
Northeast corner of the S.W. 1/4 of said Section 18, Township and Range
aforesaid; thence South 62' West along the center of the road aforesaid 19.01
chains; thence South 29.06 chains to the Mississippi River; thence Northeast
along the meanders of said river to a point where the East line of said S.W.
1/4 of Section 18, Township and Range aforesaid intersects the said river;
thence North 29.10 chains to the place of beginning, containing 47 acres,
more or less.
Subject to public highways and railroad right of way.
No. 33.
George Butenschoen
) AFFIDAVIT
)
to
) Sub. & sworn to
) June 3, 1948
The
Public
) Filed June 3, 1948
31 Misc. Rec. page 613
Afiant states: "that I am personally
acquainted with William G.
Wundram, Sr. who I well know is the holder of the record title and in
possession of the following described real estate situated in the County of
Scott and State of Iowa, to-wit:
"All that part of the Southwest fractional Quarter
of Section 18 and
that part of the Northwest fractional Quarter of Section 19, Township 77
North, Range 3 East of the 5th P.M., bounded and described as follows:
Beginning at a point in the center of the road 5.90 chains South of the
Northeast corner of the Southwest Quarter of said Section 18, Township and
Range aforesaid; thence South 62 degrees West along the center of the road
aforesaid; 19.01 chains; thence South 29.06 chains to the Mississippi River;
thence Northeast along the meanders of said river to a point where the East
line of said Southwest Quarter of Section 18, Township and Range aforesaid
intersects said river; thence North 29.10 chains to place of beginning,
containing 47 acres, more or less. Subject to public highways and railroad
right of way.
"That I personally know that the said William G.
Wundram, Sr., as such
holder of the record title of said real estate, and his grantors, immediate
and remote, as shown by the records of Scott County, Iowa, have held chain of
title to said real estate since January 1, 1930, and for at least ten years
prior thereto, and that the said William G. Wundram, Sr., and all persons
under whom he holds such title, have held open, uninterrupted and continuous
possession of said real estate adverse to any right, title or interest
therein, or claim thereto, legal or equitable of any other person or persons
whomsoever for the period above stated."
Appended is certificate of Clarence E. Hagen, Recorder
of Scott County,
Iowa, stating that the foregoing affidavit was recorded and entered on the
records in his office on June 3, 1948, on behalf of William G. Wundram, Sr.
the owner in possession of the real estate mentioned in said affidavit.
No. 34.
William G. Wundram and Edna
) WARRANTY DEED
Wundram, husband and wife
) Cons. $1.00 & val.
) Dated June 3, 1948
to
) Ack'd June 3, 1948
) Filed June 3, 1948
Albert A. Meier and
) 88 Ld. D. page 198
William F Clough
Convey all that part of the S.W. frac. 1/4 of Section
18, and that part
of the N.W. frac. 1/4 of Section 19, Township 77 North, Range 3 East of the
5th P.M., in Scott County, Iowa, bounded and described as follows:
Beginning
at a point in the center of the road 5.90 chains South of the Northeast
corner of the S.W. 1/4 of said Section 18, Township and Range aforesaid;
thence South 62' West along the center of the road aforesaid, 19.01 chains;
thence South 29.06 chains to the Mississippi River; thence Northeasterly
along the meanders of said river to a point where the East line of S.W. 1/4
of said Section 18, Township and Range aforesaid intersects said river;
thence North 29.10 chains to the place of beginning; containing 47 acres of
land, more or less; subject to public highways and railroad right of way.
No. 35.
Albert A. Meier, single and
) WARRANTY DEED
William F. Clough and Grace
) Cons. $1.00 &
val.
Clough, husband and wife
) Dated August
20, 1948
)
Ack'd August 20, 1948
to
)
Filed August 20, 1948
)
88 Ld. D. page 352
William F. Clough and Grace
)
Clough, husband and wife.
Convey "part of the S.W. fractional 14 of Section
18-77-3 in Scott
County, Iowa, more particularly described as follows: Commencing at the
N.E.
corner of said fractional 1/4; thence South along the East line of said
fractional 1/4 389.40 ft. to the place of beginning; the ___ South 62' 00'
West 1254.66 ft.; thence South 610.72 ft. to the Northerly line of the
Davenport-Buffalo Road; thence Northeasterly along the Northerly line of said
Road to a point in the East line of said fractional 1/4 which is 647.37 __
South of the place of beginning; thence North 647.37 ft. to the place of
beginning, containing 20 acres more or less."
No. 36
Albert A. Meier, single and
) WARRANTY DEED
William F. Clough and Grace
) (For reference)
Clough, husband and wife
) Cons. $1.00 &
val.
)
Dated August 20, 1948
to
)
Ack'd August 20, 1948
)
Filed August 20, 1948
Albert A. Meier
) 88 Ld. D.
page 353
Convey "part of the S. W. fractional 1/4 Section
18-77-3 and part of the
N. W. fractional 1/4 Section 19-77-3, Scott County, Iowa, more particularly
described as follows: Commencing at the N. E. corner of the S. W.
fractional
1/4 Section 18-77-3, thence S. 1293.69 feet to place of beginning; thence S.
1016.31 feet; thence S. W'ly along the meanders of the Mississippi River to a
point which is 1100.49 feet S. of an iron pipe on the W. loine of tract
therein described, said pipe being on the Southerly line of the C.R.I. & P.
Rail-raod right-of-way; thence N. 1100.49 feet; thence N. 75' 04' E. 26.47
feet; thence N.E. 'ly on arc concave to the N. having a radius of 6613.80
feet a distance of 334.07___; thence Northeasterly on an arc concave to the
N. of radius 2917.70 feet a distance of 863.73___ to place of beginning."
No. 37
William F. Clough and Grace
) PLAT
Clough, husband and wife
) Dated December 15, 1948
)
Ack'd December 15, 1948
to
)
Filed December 15, 1948
) 46
Misc. 68
The Public
)
Attached are the following certificates:
SURVEYOR'S CERTIFICATE
I, Robert G. Tunnicliff, a land surveyor registered under the laws of the
State of Iowa, do hereby certify that I have surveyed the laid out into lots,
roads, drives, lanes, streets and alleys for William F. Clough, a tract of
land to be known as "William F. Clough's Subdivision" a subdivision of
part
of the S.W. fractional 1/4 of Section 18, Township 77 North, Range 3 East of
the 5th P.M., Scott County, Iowa. The land so platted is correctly shown
by
the attached plat, which tract of real estate so platted is particularly
described as follows, to-wit:
Part of the S.W. 1/4 of Section 18-77-3 in Scott County, Iowa, more
particularly described as follows: Commencing at the Northeast corner of
said fractional quarter; thence South along the East line of said fractional
quarter 389.40 feet to the place of beginning; thence South 62' 00' West
1254.66 feet; thence South 610.72 feet to the Northerly line of the
Davenport-Buffalo Road; thence Northeasterly along the Northerly line of said
road to a point in the East line of said fractional quarter which is 647.37
_S. of the place of beginning; thence North 647.37 feet to the place of
beginning.
I do hereby certify that the lots, roads, drives, lanes, streets and alleys
are laid out as shown on the attached plat and that the dimensions of said
plat are shown in feet and decimals thereof.
Dated at Davenport, Iowa, this 15th day of December, 1948.
(Signed) Robert G. Tunnicliff
Land Surveyer
OWNERS' CERTIFICATE
We, William F. Clough and Grace Clough, husband and wife, do hereby certify
that the plat of real estate to which this certificate is attached, of which
we, William F. Clough and Grace Clough, are the record owners and which real
estate is described as follows, to-wit:
Part of the S.W. frac. 1/4 of Section 18, Township 77 North, Range 3 East of
the 5th P.M., more particularly described as follows: Commencing at the
Northeast corner of said fractional 1/4; thence South along the East line of
said fractional 1/4 389.40 feet to the place of beginning; thence South 62'
West 1254.66 feet; thence South 610.72 feet to the Northerly line of the
Davenport-Buffalo Road; thence Northeasterly along the Northerly line of said
road to a point in the East line of said fractional 1/4 which is 647.37 feet
South of the place of beginning; thence North 647.37 feet to the place of
beginning, containing 20 acres more or less, and situated in Rockingham
Township, Scott County, Iowa,
is filed for record in the office of the Auditor of Scott County, Iowa, under
Chapter 409 of the 1946 Code of the State of Iowa, and the lots and
measurements described thereon are correct and that said plat is furnished
with our consent and to the end that the same be recorded in said Auditor's
Office and also in the office of the County Recorder of Scott County, Iowa.
We do hereby certify that the said plat shall be known as "William F.
Clough's Subdivision", being part of the S.W. fractional 1/4 of Section 18,
Township 77 North, Range 3 East of the 5th P.M. in Rockingham Township, Scott
County, Iowa.
Witness our hands this 15th day of December, A.D. 1948.
(Signed) William F. Clough
(Signed) Grace Clough
Owners
AUDITOR'S CERTIFICATE
Whereas, William F. Clough and Grace Clough, are the proprietors and owners
of the following described real estate, to-wit:
Part of the S.W. frac. 1/4 of Section 18, Township 77 North, Range 3 East of
the 5th P.M., more particularly described as follows: Commencing at the
Northeast corner of said fractional 1/4; thence South along hte East line of
said fractional 1/4 389.40 feet to the place of beginning; thence South 62'
West 1254.66 feet; thence South 610.72 feet to the Northerly line of th
Davenport-Buffalo Road; thence Northeasterly along the northerly line of said
road to a point in the East line of said fractional 1/4 which is 647.37 feet
South of the place of beginning; thence North 647.37 feet to the place of
beginning, containing 20 acres more or less, and situated in Rockingham
Township, Scott County, Iowa.
Whereas, the said William F. Clough and Grace Clough on this ___ day of
December, 1948, filed in the office of the Auditor of Scott County, Iowa,
under Chapter 409 of the 1946 Code of the State of Iowa, a plat of real
estate owned by them and of the real estate above described.
Now, Therefore, I, W. F. Voss, Auditor of Scott County, Iowa, do hereby
certify that the said plat shall be known as "William F. Clough's
Subdivision", being part of the S.W. fractional 1/4 of Section 18, Township
77 North, Range 3 East of the 5th P.M. in Rockingham Township, Scott County,
Iowa, and said plat, including this certificate, shall hereby be filed with
the Recorder of Scott County, Iowa, this 15th day of December, 1948; said
plat and measurements thereof being certified to by R. G. Tunnicliff,
registered surveyor and William F. Clough and Grace Clough, a sowners and
proprietors.
W. F. Voss, County
Auditor.
Click to enlarge plat map
No. 38
William F. Clough and Grace
) MORTGAGE
Clough, husband and wife
) Cons. $10,000.00
) Dated May 5, 1949
to
) Ack'd May 5, 1949
) Filed May 9, 1949
Buffalo Savings Bank, a corpora-
) 145 T.L.M. 513
tion of Scott County, Buffalo,
)
Iowa
Convey by ortgage Lots 1 to 73, both inclusive, of William F. Clough's
Subdivision of part of the S. W. fractional 1/4 of Section 18, Township 77
North, Range 3 East of hte 5th P.M., Scott County, Iowa, to secure payment of
said consideration according to note.
No. 39.
William F. Clough and Grace
) PLAT
Clough, husband and wife
) Dated October 11,
1949
) Ack'd October 11,
1949
to
) Filed October 11,
1949
) 50 Misc. 171
The Public
)
Attached are the following certificates:
SURVEYOR'S CERTIFICATE
I, Robert G. Tunnicliff, a Land Surveyor registered under the laws of the
State of Iowa, do hereby certify that I have surveyed and laid out into lots,
streets and drives for William F. Clough, a tract of land to be known as
"Subdivision of Lot 73 of William F. Clough's Subdivision, Scott County,
Iowa." The land so platted is correctly shown by attached plat and is
more
particularly described as follows:
Part of the S.W. frac. 1/4 of Section 18, Township 77 North, Range 3 East of
the 5th P.M. in Scott County, Iowa, more particularly described as follows:
Commencing at the Northeast corner of said fractional quarter; thence South
along the East line of said fractional quarter 389.40 feet to place of
beginning; thence South 62' West 634.03 feet; thence South 54' 34' East
138.56 feet; thence South 36' 32' East 141.59 feet; thence South 49' 14' East
359.28 feet; thence North 51' 46' East 117.40 feet to the East line of said
fractional quarter; thence North 647.37 feet to the place of beginning.
I further certify that the lots, streets and drives are laid out as shown on
attached plat and that the dimensions of said plat are in feet and decimals
thereof.
AUDITOR'S CERTIFICATE
Whereas, William F. Clough and Grace Clough are the owners and proprietors of
hte real estate situated in Rockingham Township, Scott County, Iowa and
described as follows, to-wit:
Lot 73 of William F. Clough's Subdivision, Scott County, Iowa, more
particularly described as:
Part of the S.W. frac. 1/4 of Section 18, Township 77 North, Range 3 East of
hte 5th P.M. in Scott County, Iowa, more particularly described as follows:
Cimmencing at the Northeast corner of said fractional quarter; thence South
along the East line of said fractional quarter 389.40 feet to place of
beginning; thence South 62' West 634.03 feet; thence South 54' 34' East
138.56 feet; thence South 36' 32' East 141.59 feet; hence, South 49' 14' East
359.28 feet; thence North 51' 46' East 117.40 feet to the East line of said
fractional quarter; thence North 647.37 feet to the place of beginning.
Whereas the said William F. Clough and Grace Clough, husband and wife, have
on this 11th day of October, 1949, filed in the office of the Auditor of
Scott county, Iowa, for the purpose of taxation as provided in Sections
409.27 to 409.37, both inclusive, of the Code of Iowa for 1946, a survey and
plat of the real estate owned by the said William F. Clough and Grace Clough,
husband and wife, as above described.
Now, therefore, I, Charles I. Hild, Auditor of Scott County, Iowa, do hereby
certify that said plat shall be known as "Plat of Subdivision of Lot 73 of
William F. Clough's Subdivision, Scott County, Iowa," being a part of the
S.W. frac. 1/4 of Section 18, Township 77 North, Range 3 East of the 5th
P.M., Scott County, Iowa, and said plat, including this certificate is hereby
filed with the Recorder of Scott County, Iowa, on this 11th day of October,
1949; said plat and measurements thereof being certified by R. G. Tunnicliff,
registered land surveyor and by William F. Clough and Grace Clough, husband
and wife, the owners and proprietors hereof.
OWNER'S CERTIFICATE
We, William F. Clough and Grace Clough, husband and wife, do hereby certify
that the plat of real estate to which this certificate of real estate is
attached and of which the undersigned, William F. Clough and Grace Clough are
the record owners and which real estate is situated in Rockingham Township,
Scott County, Iowa, and is described as follows, to-wit:
Lot 73 of William F. Clough's Subdivision, Scott County, Iowa, more
particularly described as:
Part of the S.W. frac. 1/4 of Section 18, Township 77 North, Range 3 East of
the 5th P.M. in Scott County, Iowa, more particularly described as follows:
Commencing at the Northeast corner of said fractional quarter; thence South
along the East line of said fractional quarter 389.40 feet to place of
beginning; thence South 62' West 634.03 feet; thence South 54' 34' East
138.56 feet; thence South 36' 32' East 141.59 feet; thence South 49' 14' East
359.28 feet; thence North 51' 46' East 117.40 feet to the East line of said
fractional quarter; thence North 647.37 feet to the place of beginning.
is filed for record in the office of the Auditor of Scott County, Iowa, for
the purpose of taxation as provided in Sections 409.27 to 409.37, both
inclusive, of the 1946 Code of Iowa, and that the lots and measurements
designated thereon are correct as shown on said plat.
We further certify that the survey of said land as made by Robert G.
Tunnicliff, registered land surveyor and the plat attached hereto are
furnished with our consent to the end that the same may be recorded in said
Auditor's Office and also in the office of the County Recorder of Scott
county, Iowa.
We do further certify that said plat shall hereafter be known as "Plat of
Subdivision of Lot 73 of William F. Clough's Subdivision, Scott County,
Iowa"
being a part of the S.W. frac. 1/4 of Section 18, Township 77 North, Range 3
East of the 5th P.M., Scott County, Iowa.
Click to enlarge plat map
~~~~~~~~~~~~~~~~~~~~~
No. 40
Buffalo Savings Bank of
Buffalo,
) PARTIAL RELEASE
Iowa, by R. M. Kautz,
President
) Cons. Val. Rec'd
and A. J. Matthys,
Cashier,
) Dated November 16, 1949
corporate seal
affixed
) Ack'd November 16, 1949
)
Filed November 19, 1949
to
) 28 R. & A. 243
)
William F. Clough and Grace Clough, )
husband and wife
Releases Lots 1 to 72, both inclusive, of William F. Clough's Subdivision of
part of the S.W. fractional 1/4 of Section 18, Township 77 North, Range 3
East of the 5th P.M., Scott County, Iowa, from mortgage recorded in 145
T.L.M. 513 in the office of Recorder of Scott County, Iowa. Acknowledgment
recites that said instrument was executed by authority of the Board of
Directors of said corporation.
No. 41
William F. Clough and
Grace
) ELECTRIC EASEMENT
Clough, husband and
wife
) Cons. $1.00
)
Dated October 25, 1949
to
)
Ack'd October 25, 1949
)
Filed October 28, 1949
Iowa-Illinois Gas and
Electric
) 50 Misc. 330
Company
)
Grants a right of way easement for the purpose of constructing,
reconstructing, operating, maintaining and removing lines for the
transmission and distribution of electric energy and for communication and
electrical controls, including the necessary poles, towers, wires, guys,
anchors and other appurtenances, together with the right of ingress and
egress and the right to trim, cut down and remove such trees, brush, saplings
and bushes as may interfere with the proper construction, maintenance,
operation or removal of said lines upon, over, along and across real estate
located in Scott County, Iowa, described as follows:
William F. Clough's Subdivision being a Subdivision of part of the S.W. frac.
1/4 of Section 18, Township 77 North, Range 3 East of the 5th P.M., a plat of
which, together with certificates attached thereto, is recorded in
Miscellaneous Book 46, commencing at page 68 in the Recorder's Office of
Scott County, Iowa, said lines shall be located on the following described
strips of land:
1) On the streets, roads, drives and alleys as designated on said plat,
and
2) On the Southerly 5 feet of Lots 1 to 12, inclusive and on the Northerly
5
feet of Lots 13 to 26, inclusive, and
3) On the Easterly 5 feet of Lot 19 and the Westerly 5 feet of Lot 20, and
4) On the Westerly 5 feet of Lot 55, and
5) On the Easterly 5 feet of Lot 56.
Said easement shall include the right to overhang all parts of said
subdivision with aerial wires and cables and also the right to place guys and
anchors on and adjacent to any lot line within said subdivision.
No. 42
T A X E S
COUNTY
1939 to and incuding 1948 - Paid.
No unpaid OLD AGE ASSISTANCE TAX affecting property under examination.
No. 43
There are no judgments, attachments, mechanic's liens, suits pending,
bankruptcy preceedings, notice of Tax Liens, personal taxes, special
assessments, or other encumbrances or liens as shown by the records of Scott
County, Iowa, or the records of the United States District Court for the
Southern District of Iowa, Davenport Division, affecting the title to the
real estate under examination, except as hereinbefore set forth.
CERTIFICATE
I, C. U. Nolan, do hereby certify that the foregoing is a correct abstract of
title to the real estate described in the caption of this abstract from the
Original Entry to the 21st day of November, 1949, as appears by the records
of Scott County, Iowa, and the records of the United States District Court
for the Southern District of Iowa, Davenport Division.
Dated at Scott County, Iowa, this 21st day of November, 1949.
C. U. Nolan
Attorney and Abstracter
No. 44
IN THE DISTRICT COURT OF THE STATE OF IOWA IN AND FOR SCOTT COUNTY.
IN THE MATTER OF THE
WILL
)
)
) In Probate No. 23123
OF
)
) App. Doc. 38, p. 423
)
WILLIAM F. CLOUGH,
Deceased
)
JANUARY 23, 1950. Instrument purporting to be the Last Will and Testament
of
William F. Clough, deceased, filed, opened and publicly read.
JANUARY 23, 1950. Verified petition for probate of said instrument filed
by
Grace Clough who under oath states that William F. Clough died a resident of
Scott County, Iowa, on January 15, 1950, leaving an instrument purporting to
be his Last Will and Testament, which has been filed with the Clerk of this
Court, and leaving surviving him as his widow and sole heirs at law the
following:
Grace Clough, Surviving Spouse, legal age,
Donna Jean Clough, Daughter, minor,
Deborah Lee Clough, Daughter, minor.
Prays that the Court fix a time for hearing on the matter of the probate of
said instrument and direct personal service of the notice of such hearing and
prescribe the time of service of notice.
January 23, 1950. Order entered by the Court directing that a hearing be
had
on the matter of the probate of the instrument filed at the Court House in
the City of Davenport, Scott County, Iowa on January 31, 1950 at 9 o'clock
A. M., and that notice of the time and place of such hearing be given by
personally serving the heirs at law mentioned in foregoing petition with a
notice thereof, signed by the Clerk and addressed "To All Whom It May
Concern" at least five days before the time of hearing as herein
fixed.
Further ordered that Jacob H. Jepsen is hereby appointed Guardian ad Litem
upon whom personal service of said notice may be made for any heirs of said
decedent that may be minors under eighteen years of age.
January 25, 1950. Notice of hearing on the matter of the probate of said
instrument filed. Said notice is addressed "To All Whom It May
Concern" and
correctly states the time and place of said hearing as prescribed by
foregoing order of Court.
Endorsed thereon is an acceptance of due and legal personal service of the
foregoing notice, with copy thereof, signed at Davenprot, Iowa on January 23,
1950 by Grace Clough and Jacob H. Jepsen, as Guardian ad Litem for Donna Jean
and Deborah Lee Clough.
Also endorsed thereon is the verified return of Walter H. Beuse, Sheriff of
Scott County, Iowa, stating that on January 24, 1950 he served the foregoing
notice upon Grace Clough, surviving spouse, by delivering to her personally a
true copy thereof in the City of Davenport, Iowa. That on the same date he
served said notice upon Donna Jean Clough and Deborah Lee Clough, minors
under the age of eighteen years, by delivering a true copy thereof to their
mother, Grace Clough, she being the person having the care and custody of
said minors, the same being done in the City of Davenport, Scott County,
Iowa.
February 1, 1950. Order entered by the Court appointing Jacob H. Jepsen as
Guardian ad Litem to appear at the hearing on the matter of probate of the
instrument purporting to be the Last Will and Testament of William F. Clough,
deceased, to represent and protect the interest of Donna Jean Clough and
Deborah Lee Clough, minor heirs of said decedent.
February 1, 1950. Answer filed by Jacob H. Jepsen as Guardian ad Litem
stating that due, legal and timely notice of hearing on the matter of the
probate of instrument purporting to be the Last Will and Testament of William
F. Clough, deceased, has been served upon his minor wards, and that proper
return of service is on file herein. Guardian ad Litem prays that the
rights and interests of his minor wards be fully protected by the Court in
the matter of said hearing.
February 1, 1950. Order entered by the Court finding that William F.
Clough
died a resident of Scott County, Iowa on January 15, 1950, and that due
notice of the time set for this hearing has been duly given by acceptance of
service and personal service as required by law and the previous order of
this Court. The Court finds that Jacob H. Jepsen has been appointed as
Guardian ad Litem for the minor heirs at law of decedent and has filed his
answer within as such. The Court finds that the instrument filed is the
Last
Will and Testament of said decedent, and the same is hereby admitted to
probate as such. Further ordered that Grace Clough hereby is appointed
Executrix of said Will without bond as by said Will is provided, and that
upon her qualifying by taking the oath required by law, Letters Testamentary
issue to her. Said Executrix is directed to give notice of her appointment
by posting a notice thereof at three public places in Scott County, Iowa, one
of which shall be at the Court House.
- - - - - - - - - -
- - - - - - - - - - - -- - - - - - - - - - - -
- - - - - - - - - - - - - - - - -
The Will, recorded in the office of the Clerk of the District Court of Scott
County, Iowa, is a joint Will of William F. Clough and Grace Clough, dated
May 24, 1946, signed by them in the presence of three witnesses, and provides
as follows:
1. Directs payment of all just debts and funeral expenses.
2. "We dispose and contract mutually, and each individually or the
one who
dies first as is our last will and testament as follows: The one surviving
the other shall have, receive and be entitled hereby, and we each of us do
hereby will, devise and bequeath unto said survivor all the estate of each,
the one that dies first is seized or possessed, or to which he or she may be
entitled, including real, personal or mixed property of whatsoever kind and
wherever situated, absolutely and forever to do with and dispose of as he or
she may see fit and proper."
3. "Appoints survivor executor or executrix, without bond. At
the death of
both William F. Clough and Grace Clough, the rest of the estate that may be
left we bequeath to our child Donna Jean Clough."
4. Appoints Albert A. Meier or Lawrence V. Clough as Executor without bond
in the event of the death of both William F. Clough and Grace Clough.
- - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - -
- - - -- - - - - - - - - - - - - -
February 1, 1950. Oath of Grace Clough as Executrix filed and Letters
Testamentary issued to her as much.
February 2, 1950. Notices of appointment of Executrix filed.
Endorsed
thereon is the verified return of C. U. Nolan who under oath states that on
February 2, 1950 he posted a copy of said notice at three public places in
Scott County, Iowa as follows: one at the front door of the Court House,
another at the City Hall in Davenport, Iowa, and a third at the office of
John P. Dorgan, Justice of the Peace.
April 24, 1950. Verified proof of claim filed by Ben F. Luetje, Treasurer
of
Scott County, Iowa, in an unstated amount for any taxes due Scott County,
Iowa from this Estate.
June 1, 1950. Probate Inventory, Report of Beneficiaries and Real
Property,
- Preliminary Inheritance Tax Report filed. Lists under Beneficiaries
Under
Will or Heirs at Law in Intestate Matters the following:
Grace Clough, Surviving Spouse,
Age 39,
Donna Jean Clough, Daughter,
Age 13,
Deborah Lee Clough, Daughter,
Age 2.
Lists with other real estate owned by decedent the following:
Lots 75, 76, 77, 78, 79, 82, 83, 85, 87, 88, 89, 90, 91, 92, 93, 94, 95, 101,
102, 105, 106, 109, 110, 111 - each having a total value of $400.00 and a 1/4
value of $100.00, total value of $2500.00. All assests of estate are
estimated at a total value of $109,014.21.
March 20, 1951. Consent filed by Grace Clough as widow of decedent,
electing
to take under the provisions of his Will.
November 7, 1951. Commission of appraisement issued to Inheritance Tax
appraisers of Scott County, Iowa, listing only the assets described in
foregoing Inventory.
December 4, 1951. Report filed by said appraisers wherein they appraise
all
listed assets of Estate at a total value of $109,014.21.
February 1, 1952. Receipt of Iowa State Tax Commission filed, dated
January
30, 1952, acknowledging receipt of $373.63 in full payment of Inheritance Tax
due the State of Iowa from this Estate.
April 18, 1955. Report filed by Executrix stating that more than six
months
have elapsed since the posting of notice of her appointment as such, that all
debts and charges agianst this Estate have been fully paid, including
Inheritance Tax due the State of Iowa.
States that decedent died testate leaving this Executrix as his surviving
spouse and two children as his sole heirs at law, to-wit:
Donna Jean Clough, daughter, born February 26, 1936 and Deborah Lee Clough,
daughter, born March 29, 1948. That said Deborah Lee Clough was born
subsequent to the execution of the Last Will and Testament of decedent and is
not effective as to said minor, who accordingly has a one-third interest in
this Estate as heir at law of testator.
Exectrix states that all provisions of the Will of the decedent have been
fully carried out, except for the rights of said afterborn child, and that
Executrix has turned over to herself as sole beneficiary of the Will of
decedent, all assets of this Estate, except that protion thereof belonging to
Deborah Lee Clough.
Executrix states that the interest of said minor in the residue of said
Estate consists of an undivided interest in vacant lots, rental properties
and real estate contracts, all of which are highly speculative and that it
would be for the best interest of said minor that her interest in this Estate
be computed, and that property of said Estate that is not of speculative
nature be set apart to said minor equal to the value of the minor's computed
interest in said Estate.
Wherefore, Executrix prays that this Estate be closed as to creditors and for
all purposes except the final distribution of the assets belonging to said
minor in this Estate, and that a Referee be appointed for the purpose of
setting apart to said minor property of this Estate not of a speculative
nature in a sum equal to the value of the minor's computed interest in said
Estate.
April 18, 1955. Order entered by the Court directing that a hearing be had
on the foregoing report of Executrix at the Court House in the City of
Davenport, Iowa on April 22, 1955 at 9 o'clock A. M. and that notice thereof
be given by posting a notice thereof addressed to "Albert A. Meier and TO
ALL
WHOM IT MAY CONCERN" at the front door of the Court House, Davenport, Iowa,
and by serving a notice thereof personally on Albert A. Meier, Guardian of
the property of Deborah Lee Clough, a minor, at least two days before the
time of hearing as herein fixed.
April 20, 1955. Notice of hearing on foregoing report of Executrix filed,
which notice is addressed to "Albert A. Meier and TO ALL WHOM IT MAY
CONCERN", and correctly states the time and place of said hearing as
prescribed by foregoing order of Court.
Endorsed thereon is the verified return of C. U. Nolan who under oath states
that on April 18, 1955 he posted a copy of said notice at the Front Door of
the Court House in the City of Davenport, Scott County, Iowa.
Also endorsed theron is an acceptance of service of said notice signed by
Albert A. Meier as Guardian of the property of Deborah Lee Clough, minor
under 18 years of age, and acknowledgment of receipt of copy thereof, signed
at Davenport, Iowa, on April 19, 1955.
April 21, 1955. Receipt of Iowa State Tax Commission filed, dated April
11,
1955, acknowledging receipt of the sum of $5.00 in full payment of tax due on
property filed in supplemental Inventory filed in this Estate.
April 22, 1955. Order entered on foregoing report of Executrix finding
that
it would be for the best interest of said minor heir that her interest in
this Estate be computed and that property of a non-speculative nature, equal
to her computed interest be set apart to said minor and that a Referee be
appointed for such purpose.
Ordered, Adjudged and Decreed that W. H. Shorey be and he is hereby appointed
sole Referee, without bond, for the purpose of computing the interest of
Deborah Lee Clough, minor, in the shole of this Estate, and to set apart to
said minor, property of said Estate of a non-speculative nature in a sum
equal to the value of said minor's computed interest in the said Estate, and
directing said Referee to make a report to this Court as soon as practicable.
Further ordered that a commission issue to him as Referee upon his filing the
oath required by law.
April 23, 1955. Oath of W. H. Shorey as Referee filed, and commission
issued
to him as Referee.
May 10, 1955. Report filed by said Referee stating that he has made a
careful examination of all remaining assets in this estate and that in his
opinion three tracts of real estate having a total value of $19,500.00 should
be set aside to said minor and conveyed to her free and clear of all liens
and encumbrances. None of said tracts are the real estate described in the
caption of this Abstract.
May 13, 1955. Order of Court entered approving the foregoing report of
Referee.
May 19, 1955. Certificate of Iowa State Tax Commission filed, dated May
18,
1955, certifying that there is no Income Tax due the State of Iowa from this
Estate as the same is reported to said State Tax Commission.
May 23, 1955. Certificate of Ted G. Goodwin, Treasurer of Scott County,
Iowa, filed, dated May 23, 1955, certifying that all personal taxes due and
to become due from this estate have been fully paid.
May 23, 1955. Letter from Commissioner of Internal Revenue filed, dated
August 2, 1951 stating that as a result of the examination of Federal estate
tax return filed in this Estate, it has been determined that there is no
liability for estate tax.
May 23, 1955. Order entered by the Court finding that the statements and
allegations contained in foregoing report of executrix are ture and that
certain assets in this Estate have been conveyed to the minor heir at law,
Deborah Lee Clough, and that the Guardian of said minor has conveyed all of
said minor's interest in all of the remaining assets in this Estate to Grace
Clough.
The Court further finds that there is no inheritance tax, income tax or other
tax due the State of Iowa or the United States of America from this estate;
and that no reasons exist why this Estate should not now be finally closed
and said Execurix discharged.
Ordered, Adjudged and Decreed that foregoing final report is approved,
Executrix discharged and this Estate finally closed.
No. 45
IN THE DISTRICT COURT OF THE STATE OF IOWA IN AND FOR SCOTT COUNTY.
IN THE MATTER OF THE GUARDIANSHIP)
)
) In
Probate No. 24492
OF
)
)
App. Doc. 40, p. 592
)
DEBORAH LEE CLOUGH, a
Minor )
June 4, 1952. Verified petition filed by Grace Clough West stating that
William F. Clough died on January 15, 1950 without having appointed by deed
or Will, any Guardian for his children and that he left one child under the
age of fourteen years, to wit:
Deborah Lee Clough, born March 29, 1948.
States that said minor is a resident of Scott County, Iowa and is seized of
real estate not exceeding $20,000 in value and personal property not
exceeding $3,000.00 in value. States that petitioner is the mother of said
minor and she prays that Albert A. Meier be appointed as Guardian of the
property of said minor.
June 4, 1952. Order entered by the Court appointing Albert A. Meier as
Guardian of the property of Deborah Lee Clough, minor, and fixes his bond as
such at the sum of $12,000.00. Directs that Letters of Guardianship issue
to
him as such upon his filing the prescribed bond with surety to be approved by
the Clerk of this Court, and upon his taking the oath required by law.
June 4, 1952. Oath and bond of Albert A. Meier as Guardian of the property
of Deborah Lee Clough, minor, filed and approved and Letters of Guardianship
issued to him as such upon his filing the prescribed bond with surety to be
approved by the Clerk of this Court, and upon his taking the oath required by
law.
June 4, 1952. Oath and bond of Albert A. Meier as Guardian of the property
of Deborah Lee Clough, minor, filed and approved and Letters of Guardianship
issued to him as such.
June 27, 1952. Verified proof of claim filed by B. W. Behrens, Deputy
Treasurer of Scott County, Iowa, in an unstated amount for any taxes due
Scott County, Iowa from this Guardianship.
May 13, 1955. Application filed by Guardian stating that William F. Clough
died testate at and a resident of Scott County, Iowa on January 15, 1950,
leaving an instrument purporting to be his Last Will and Testament, and that
his estate is now being probated in the District Court of Scott County, Iowa
as Cause No. 23123. That Deborah Lee Clough, minor ward herein, was born
after the executing of the Will of said testator and is accordingly entitled
to a one-third interest in and to the Estate of said William F. Clough.
That by order of this Court entered on May 13, 1955 in the matter of said
Estate it was Ordered, Adjudged and Decreed that upon receipt of a Warranty
Deed executed by Grace Clough, single, to Deborah Lee Clough, conveying the
following described real estate, free and clear of all liens, to-wit: (lists
three tracts of real estate, not the real estate under examination), that all
of said minor's interest in all of the other assets of said Estate be
conveyed by this Guardian to said Grace Clough, which was recommended by W.
H. Shorey as Referee in the Estate of said William F. Clough, deceased.
That this Guardian has examined the final report of Grace Clough as Executrix
of the Estate of William F. Clough, deceased, and W. H. Shorey's final report
as Referee of said Estate and finds that said reports are true and correct.
That said Referee is an experienced appraiser and knows the values of the
properties involved in this matter, and it is not necessary that said
properties be appraised. That no money will come into the hands of this
Guardian by reason of said transfer and accordingly it is not necessary that
additional Guardian's bond be furnished.
Guardian states that said exchange will be for the best interests of his ward
and that upon receipt of the Warranty Deed from Grace Clough for the three
tracts of real estate above described, said Guardian will convey the
remaining assets of the Estate of William F. Clough, deceased, to Grace
Clough.
The intention of said deed being to convey all right, title and interest of
his minor ward in and to the tracts of real estate above described that she
acquire or may have by virtue of being an heir at law of William F. Clough,
deceased.
Wherefore, Guardian prays that he be authorized to execute a Guardian's Deed
conveying the interest of his minor ward in the tracts of real estate above
described upon receipt from Grace Clough, single, of a Warranty Deed
conveying the three tracts of real estate first hereinabove described, and
Guardian prays that the Court fix a time and place for hearing on this
application and appoint a Guardian ad Litem to represent said minor ward.
May 13, 1955. Order entered by the Court directing that a hearing be had
on
foregoing application of Guardian at the Court House in the City of
Davenport, Iowa on May 20, 1955 at 9 o'clock A. M., and that notice thereof
be given to said minor ward by serving the Guardian ad Litem of said minor at
least three days before the time of hearing as herein fixed, with a copy of
notice of time and place of said hearing, with a copy of foregoing
application thereto attached.
Further ordered that John C. Collins is hereby appointed as Guardian ad Litem
for said minor, upon whom such service shall be made, and who sahll defend
for the minor in this matter.
May 17, 1955. Notice of hearing on foregoing application filed, which
notice
is addressed to Grace Clough as mother of said minor and to John J. Collins
as Guardian ad Litem of said minor. Said notice correctly states the time
and place of hearing as prescribed by foregoing order of Court and notifies
said persons that unless they appear and object thereto on or before May 20,
1955 at 9 o'clock A. M., the prayer of said petition, copy of which is
attached, will be granted.
Endorsed thereon is the verified return of Edna Dorner who under oath states
that on May 13, 1955 she served the foregoing notice on John J. Collins as
Guardian ad Litem of said minor. Said notice correctly states the time and
place of hearing as prescribed by foregoing order of Court and notifies said
persons that unless they appear and object thereto on or before May 20, 1955,
at 9 o'clock A. M., the prayer of said petition, copy of which is attached,
will be granted.
Endorsed thereon is the verified return of Edna Dorner who under oath states
that on May 13, 1955 she served the foregoing notice on John J. Collins as
Guardian ad Litem of Deborah Lee Clough and upon Grace Clough, mother of said
minor, with whom minor resides, by delivering a copy thereof, with copy of
petition attached, to each of said persons, the same being done in the city
of Davenport Township, Scott County, Iowa.
May 19, 1955. Answer filed by John J. Collins as Guardian ad Litem,
stating
that return of service of notice of hearing on Guardian's application for
authority to sell real estate is on file herein, and by way of answer to
said application said Guardian ad Litem denies all material allegations
thereof that are prejudicial to his said ward, and prays that the rights and
interests of his said ward be duly protected by the Court.
May 20, 1955. Order entered by the Court finding that notice of this
hearing
has been given in accordance with the prior order of this Court, and the
Court having heard the evidence and being fully advised in the premises,
finds that the statements and allegations contained in Guardian's application
are true, and that the exchange of properties as therein set forth will be
for the best interests of said minor.
Ordered, Adjudged and Decreed that said Guardian is hereby authorized and
directed, upon receipt of a Warranty Deed from Grace Clough, conveying the
real estate described as follows, free and clear, to-wit: (lists three
tracts of real estate - not the real estate under examination), said
Guardian shall convey and transfer to Grace Clough all of the right, title
and interest of his minor ward in and to all remaining assets of the Estate
of William F. Clough, deceased, as particularly set forth in Guardian's
petition, and said Guardian is hereby authorized and directed to execute a
Guardian's Deed conveying to Grace Clough all right, title and interest of
his minor ward in and to all remaining assets of the Estate of William F.
Clough, deceased.
Directs said Guardian to make a report of such conveyance and transfer to
this Court and return said Guardian's Deed to this Court for approval.
Further ordered that no appraisal need be made of said property and no
additional Guardian's bond be required.
May 23, 1955. Report filed by Guardian stating that he has received a
Warranty Deed from Grace Clough, single, conveying to his minor ward the
three tracts of real estate required by foregoing order, free and clear, and
he presents herewith his Guardian's Deed conveying all of his minor ward's
interest in and to the remaining real estate and assets of the Estate of
William F. Clough, deceased, and prays that said deed be approved by the
Court and that he be authorized to deliver same to said Grace Clough.
May 23, 1955. Order entered by the Court approving the Guardian's Deed
submitted with foregoing report and directing the Clerk of this Court to
endorse said approval thereon and directing the Guardian to deliver said deed
to said Grace Clough.
June 12, 1956. Report filed by Guardian stating that his ward is the owner
of three tracts of real estate (not the real estate under examination) which
were conveyed to said minor in lieu of said minor's interest in the Estate of
William F. Clough, deceased, and in accordance with an order of this Court
entered in this matter on May 20, 1955.
Guardian states that he was appointed in said capacity because of the
possible conflict of interests between said minor and Grace Clough, the
mother and natural Guardian of said minor. That the Estate of William F.
Clough is now closed and that it is advisable that Grace Clough, the mother
and natural Guardian is said minor be now appointed as Successor Guardian of
the property of said minor.
Therefore, Guardian prays that this report be approved as his final report
and that Grace Clough be appointed as Successor Guardian of the property of
said minor.
June 12, 1956. Order entered by the Court approving foregoing final report
of Albert A. Meier as Guardian of the property of Deborah Lee Clough and
appointing Grace Clough as Successor Guardian of the property of said minor,
and fixing her bond as such at the sum of $12,000.00. Directs that Letters
of Guardianship issue to her upon her filing the prescribed bond and upon her
taking the oath required by law.
June 12, 1956. Oath and bond of Grace Clough as Guardian of the person and
property of Deborah Lee Clough, minor, filed and approved and Letters of
Guardianship issued to her as such.
June 12, 1956. Receipt filed by Grace Clough as Successor Guardian whereby
she acknowledges receipt of all assets of this Guardianship from Albert A.
Meier, as listed in his final report filed herein.
June 12, 1956. Final Report of Guardian filed and order entered thereon
approving same and ordering said Guardianship closed.
No. 46
ALBERT A. MEIER,
Guardian
) GUARDIAN'S DEED
of Deborah Lee Clough,
a
)
minor,
) Dated: Nov. 8, 1952
) Ack'd: Nov. 8, 1952
) Filed: Nov. 13, 1952
TO
) Rec'd: 200 Deeds, 6.
) Cons.: $5000.00
)
GRACE
WEST
)
Conveys with other real estate situated in Scott County, Iowa, the following:
Lot 85 of "Plat of Subdivision of Lot 73 of William F. Clough's
Subdivision,
Scott County, Iowa", being a part of the S.W. frac. 1/4 of Section 18,
Township 77 North, Range 3 East of the 5th P.M. in Rockingham Township, Scott
County, Iowa, as per plat thereof recorded in 50 Misc. 171 in the office of
the Recorder of Scott County, Iowa.
$5.50 U. S. Internal Revenue Stamps affixed and cancelled.
No. 47
IN THE DISTRICT COURT OF THE STATE OF IOWA IN AND FOR SCOTT COUNTY
GRACE P.
WEST,
)
)
Plaintiff,
)
Divorce No. 11062
)
) Div.Doc. 19, p. 262
vs.
)
)
IRVIN LEE
WEST,
)
)
Defendant.
)
April 23, 1954. Verified petition for divorce filed by Plaintiff.
May 4, 1954. Original Notice filed showing personal service upon Defendant
in the City of Davenport, Scott County, Iowa on May 4, 1954. Notifies
Defendant that unless he appears and defends to petition of Plaintiff, copy
of which is attached, within twenty days hereafter, his default will be
entered of record and judgment or decree rendered for the relief prayed for
in said petition.
May 25, 1954. Decree entered by the Court, Plaintiff appearing by her
Attorney and Defendant not appearing in any manner and being adjudged in
default for want of an Answer.
Ordered. Adjudged and Decreed by the Court that Plaintiff is hereby
granted
an absolute divorce from Defendant and restored to all rights and privileges
of an unmarried person and restored to her former name of Grace P. Clough.
Further Ordered that Defendant has no interest of any kind in and to any real
estate owned by Plaintiff, whether acquired by her before or after her
marriage to Defendant, and further ordered that Defendant has no interest in
the proceeds of any real estate contracts held by Plaintiff, even though his
name may appear theron as one of the Sellers, and Plaintiff's title to all
real estate owned by her is hereby quieted as against the Defendant herein.
All costs are shown to be fully paid.
No. 48
GRACE CLOUGH, single,
and
)
WARRANTY DEED
JAMES W. VAN FOSSEN
and
)
VERA G. VAN FOSSEN, hus
) Dated: Jan. 11, 1955
band and
wife,
) Ack'd: Jan. 11, 1955
)
Filed: Jan. 12, 1955
)
Rec'd: 213 Deeds, 408.
TO
)
Cons.: $1.00 & O.V.C.
)
VAN FOSSEN AND
CLOUGH,
)
INCORPORATED.
)
Conveys with other real estate situated in Scott County, Iowa, the following:
Lot 85 of "Plat of Subdivision of Lot 73 of William F. Clough's
Subdivision,
Scott County, Iowa", being a part of the S. W. frac. 1/4 Section 18,
Township
77 North, Range 3 East of the 5th P.M. in Rockingham Township, Scott County,
Iowa, as per plat thereof recorded in 50 Misc. 171 in the office of the
Recorder of Scott County, Iowa.
Recites that siad conveyance is subject to a mortgage in favor of Buffalo
Savings Bank.
$3.30 U. S. Internal Revenue Stamps affixed and cancelled.
No. 49
JAMES W. VAN FOSSEN
and
) ARTICLES OF
INCORPORATION
GRACE P. CLOUGH
and
)
VERA VAN FOSSEN,
) Dated: Dec.
20, 1954
)
Ack'd: Dec. 20, 1954
)
Filed: Jan. 15, 1955
To
)
Rec'd: 2 Inc. Rec. 221.
)
THE
PUBLIC
)
ARTICLE I. Provides that the name of the corporation shall be "VAN
FOSSEN &
CLOUGH, INCORPORATED."
ARTICLE II. Provides that the principal place of business of the
corporation
shall be in Rockingham Township, Scott County, Iowa, and that its Post Office
Address is R. R. #2, Harbor Road, Davenport, Iowa.
ARTICLE III. Provides that the general nature of the business to be
transacted by the corporation shall be to acquire by purchase or lease, or
otherwise, lands and interests in lands, and to own, hold, improve, develop
and manage any real estate so acquired and to erect or cause to be erected on
any lands owned by held by the corporation, buildings or other structures,
and to mortgage, sell, lease or otherwise dispose of any lands or interests
in lands and in buildings or other structures; to subdivide, plat and sell
any lands owned or held by said corporation, to buy, own, sell and deal in
real estate mortgages, contracts and options and to carry on a general real
estate business.
ARTICLE IV. Provides that the authorized capital stock of the corporation
is
$50,000.00.
ARTICLE V. provides that the corporation shall commence business when a
Certificate of Incorporation is issued to said corporation by the Secretary
of State of the State of Iowa and shall continue for a period of twenty years
from said date, unless sooner terminated at an annual or special meeting of
the stock holders.
ARTICLE VI. Provides that the affairs of the corporation shall be managed
by
a board of not less than two or more than five Directors, and that the
officers of the corporation shall be a President, a Vice President, a
Secretary and a Treasurer. Any person may hold two or more offices at the
same time.
ARTICLE IX. Provides that title to real estate shall be taken in the name
of
the corporation and all conveyances of, or instruments affecting real estate
made by the corporation, shall be executed in the name of the corporation by
the President, Vice President or Secretary of the corporation, with an
impression of the corporate seal affixed, if the corporation has a seal; and
all releases of mortgage, liens, judgment or other claims that are required
by law to be made of record, may be executed by the President, Vice President
or Secretary of the corporation.
No. 50
VAN FOSSEN &
CLOUGH
) AMENDMENT TO
INCORPORATED,
) ARTICLES OF INCORPORATION
)
) Dated: Jan. 7, 1974.
To
) Ack'd: Jan. 7, 1974
) Filed: Mar. 19, 1975.
) Rec'd: Doc. #3396-75
THE
PUBLIC
)
Recites that the following Amendment to the Articles of Incorporation was
adopted by a unanimous vote of the shareholders at a meeting held on December
12, 1974 in the manner prescribed by the Iowa Business Corporation Act:
"That the period of the duration of the corporation shall be
perpetual".
Executed for said corporation by James W. Van Fossen, President, and Vera G.
Van Fossen, Secretary.
- - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - -
Endorsed thereon is the certificate of the Secretary of State of the State of
Iowa certifying that said Amendment to Articles of Incorporation were filed
in his office on February 10, 1975 and recorded in Book R-29, at page 526.
No. 51
Marriage Certificate recorded in Marriage Record 86, at page 207, records of
the office of the Clerk of the District Court of Scott County, Iowa discloses
that Grace Clough and Joseph John Strobbe were married at Davenport, Iowa on
November 30, 1957.
No. 52
IN THE DISTRICT COURT OF THE STATE OF IOWA IN AND FOR SCOTT COUNTY
CITY OF DAVENPORT,
IOWA
)
ANNEXATION
)
Plaintiff,
) In Equity No. 41771
)
vs.
) Comb. Doc. 94, p. 271
)
VAN FOSSEN & CLOUGH
INC.,
)
)
Defendant.
)
January 22, 1958. Decree entered by the Court annexing the real estate
under
examination, and other real estate, to the City of Davenport, Iowa.
ABSTRACTERS' NOTE: A copy of the decree rendered in this matter was filed
in
the office of the Recorder of Scott County, Iowa on January 25, 1958 and
recorded in Book 112 of Miscellaneous Records, at page 1.
No. 53
VAN FOSSEN &
CLOUGH,
) WARRANTY DEED
INCORPORTATED,
)
)
Dated: July 15, 1976.
)
Ack'd: July 15, 1976.
To
)
Filed: Sept. 10, 1976
)
Rec'd: Doc. #16971-76.
)
Cons.: $1.00 & O.V.C.
GRACE P. STROBBE
)
Conveys with other real estate situated in Scott County, Iowa, the following:
Lot 85 of "Plat of Subdivision of Lot 73 of William F. Clough's
Subdivision,
Scott County, Iowa," being a part of the S. W. frac. 1/4 of Section 18,
Township 77 North, Range 3 East of the 5th P.M. in Rockingham Township, Scott
County, Iowa, as per plat thereof recorded in 50 Misc. 171 in the office of
the Recorder of Scott County, Iowa.
Recites that the consideration for this deed is less than $500.
Executed for grantor corporation by James W. Van Fossen, President.
In the certificate of acknowledgment it is certified that said party under
oath stated that he is the President of grantor corporation, that said
corporation has no corporate seal; that he executed foregoing instrument as
such officer in behalf of said corporation with authority of its Board of
Directors as the voluntary act and deed of said corporation.
No. 54
CITY OF DAVENPORT,
IOWA
) ZONING ORDINANCE.
)
) Dated: Feb. 19, 1964.
To
) Ack'd: May 29, 1964.
) Filed: May 29, 1964.
) Rec'd: 166 Misc., 1.
THE
PUBLIC.
)
Ordinance passed by the City Council and approved by the Mayor of the City of
Davenport, Iowa amending all prior Zoning Ordinances of said City of
Davenport, Iowa. According to the terms thereof, as amended by Ordinance
recorded on July 23, 1973 as Document #11740-73, records of the office of the
Recorder of Scott County, Iowa, the real estate under examination is
designated an "A-1" Agricultural District.
No. 55
ABSTRACTERS' CERTIFICATE
Mortgages and Deeds of Trust dated twenty years or more prior to the date
hereof, and all matters pertaining to the release or satisfaction thereof,
have been omitted from this Abstract unless the record shows that less than
ten years have elapsed since the original or extended date of maturity of the
secured indebtedness, or part thereof.
No. 56
There are no Judgments in the District Court of the State of Iowa in and for
Scott County against William F, Clough or Grace Clough, individually and as
Executrix of the Will of William F. Clough, deceased, during the period
covered herein, and none against Albert A. Meier, Guardian of Deborah Lee
Clough, a Minor, Grace Clough, Van Fossen & Clough, Incorporated or Grace P.
Strobbe during the ten years immediately preceding this date; and there are
no Mechanic's Liens, Encumbrances or Suits Pending affecting the title to the
real estate under examination to which any of said persons or said
corporation is party, except as shown herein.
No. 57.
T A X E S
COUNTY AND STATE:
1949 - 1974, Inclusive, Paid.
1975 - Unpaid, $29.02 (Includes other real estate)
CITY OF DAVENPORT:
1858 - 1975, Inclusive, Paid.
1976 - Unpaid, $15.18. (Includes other real estate)
NO SPECIAL ASSESSMENTS.
______________________________________________________
C E R T I F I C A T E
We, Vollertsen, & Britt, P. C., hereby certify that the foregoing is a
true
and correct Continuation of Abstract of Title to the real estate described in
the caption thereof, from November 21, 1949 to and including September 21,
1976 at 9 o'clock A. M. as shown by the records of Scott County, Iowa, and by
the Tax Books of the City of Davenport, Iowa.
We further certify that there are no Judgments, Suits Pending, Bankruptcy
Proceedings, Notices of Tax Liens or Other Liens in the District Court of the
United States for the Southern District of Iowa, Davenport Division,
affecting the title to the real estate under examination during the ten years
immediately preceding this date.
Dated at Davenport, Iowa, this 21st day of September, 1976 at 9 o'clock A.M.
VOLLERTSEN & BRITT, P.C.
By Michael T. Britt
Attorneys and Abstracters.
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