Probate records for Patrick Shannon Transcribed by Lyman Morrison, Jan. 22,1994 IN THE DISTRICT COURT OF THE STATE OF IOWA; IN AND FOR THE COUNTY OF CLINTON In the matter of the Estate of Patrick Shannon, Deceased PETITION To said court: Your petitioners, M. N. Shannon, James McDermott, and Luke McDermott, as executors and trustees under the will of said deceased, and your petitioners, Mary McDermott, John Shannon, and M. N. Shannon, Rose Kinnie, T. L. Shannon, J. V. Shannon and Francis Smith, represent to said court: That on or about the 2nd day of December, 1902, said Patrick Shannon, made, and executed an instrument in writing, purporting to be his last will and testament, which said instrument was on the 2nd day of June,1903 opened, read and filed in the office of the Clerk of said court. That on the 2nd day of June, 1903, the said court fixed a time for the hearing and purporting of said instrument, which order is of record in probate docket 22, on page 323, in the office of said Clerk. That on the 5th day of June, 1903, the said court admitted the said instrument to probate as and for the last will and testament of said Patrick Shannon, deceased, as appears by the records in said probate court. That all of the heirs of said deceased and persons interested in his said will did not have notice of the probating of said will, your petitioner, Rose Kinnie, having received no notice thereof whatsoever. Your petitioners further state that the said Patrick Shannon, at the time of executing the said instrument was not of sound and disposing mind, and was incompetent to make a legal will, in this that he did not possess a mind capable of exercising judgement, reason and deliberation, and capable of weighing the circumstances of his will, to a reasonable degree, and the effect of it upon his estate and family, and that he was incapable of comprehending the proper interests and determining the disposition thereof. That the said will is unnatural and the dispositions of property thereunder is unreasonable and that the said deceased was incapable of exercising judgment, reason and deliberation and did not understand the consequences of said instrument and its effect upon his relatives and estate. That the said deceased was incapable of transacting business affairs in any way whatsoever, his mind having become unsound and brought into that condition by reason of excessive and extreme worry over serious financial losses, occurring to him in the last 8 or 10 years, prior to his death. That the said deceased had been during and throughout his life a man successful in business affairs until about 10 years prior to his death, when he purchased certain properties, which he was unable to dispose of at anything near their cost price, and that by reason of such unwise investment, he met with a serious loss, in fact to the extent of many thousand of dollars, thereby causing him great worry, mental trouble and suffering and which worry and mental trouble in conjunction with the loss attendant upon old age, and in conjunction with disease and the sickness which eventually caused his death, rendered him unsound mind and incapable of transacting business affairs, incompetent to make a legal will and entirely wanting in such testamentary capacity as the law presumes, in person making such an instrument. Your petitioners further state that the said deceased left no personal property, his entire estate consisting of a tract of land in said county, of about 400 acres in extent and worth from 50 to 60 dollars per acre, that the said land is incumbered by a mortgage to the extent of Six Thousand ($6000) dollars, and that to allow the said will to stand, and the disposition of property thereunder to stand, would be unreasonable, unjust and unnatural, in as much as the land, if allowed to remain subject to the trust provided for in said instrument would in all probability deteriorate, in value, there would be but little income thereof and the legatees thereunder would receive but little if any value, before at least 30 years from this time; It being provided in said will that the said property shall remain in the hands of said trustees until a period of 21 years, after the death of the widow of said deceased, who is a woman of about______years of age, with an expectancy of 8 or 10 years of life. That the said widow refuses to accept the provision made for her by the said deceased, under his said will, but declares her intention to take her distributive share as provided for under the statues of the state of Iowa, which would further complicate matter, surrounding the said property and said estate. That the said executors have never qualified as such and have never taken charge of the affairs of such estate, under the orders heretofore issued by said court and that the said children of said deceased and the said widow were not advised of the terms of said will until some time after the admitting of same to probate, and that the said Rose Kenney had no notice or knowledge of the time set for the probating of said instrument, and knew nothing of the terms thereof until long after the same had been admitted to probate as aforesaid. Your petitioners further state that the undersigned, Julia Shannon, is the widow of said deceased, and that the undersigned Mary McDermott, John E. Shannon, M. N. Shannon, Rose Kenney, T. L. Shannon, J. F. Shannon and Francis Shannon are the widow and all of the heirs of said deceased, except Bridget Farrell, Wm. J. Shannon, and Julia Skelley; that the said widow and all the undersigned heirs are all residents of the state of Iowa, the said Wm. J Shannon, a resident of Chicago, Ill, Bridget Farrell a resident of Davenport, and Julia Skelly a resident of the State of Missouri. Your petitioners further state that the said widow and all of the said children of said deceased together with said trustees or executors join in the prayer of this petition herein and that all are agreed in all matters in connection with the settling up of said estate and are prepared to fully settle up and divide the said lands and the property of said estate, without difficulty, or litigation in any way whatsoever, and that the said trustees are willing to turn over to J. V. Shannon his interests in said estate. Your petitioners state that they are willing to comply with the request or suggestion of said deceased, with reference to a monument and burial lot as is set forth in said instrument and the said executors and trustees hereby signify their willingness to resign and lay aside such trust and join in prayer the of this petition. Wherefore your petitioners pray that the said instrument purporting to be the last will and testament of said deceased be hereby ordered by said court, set aside and be declared void and of no effect, and that the admitting the same to probate as hereinbefore set forth be set aside and that said court decree the said deceased to have died intestate and for such other further relief as may be equitable in the premises and in accordance with the sharing made and ask the said court to set a day for the hearing of your petitioners herein upon this petition and to prescribe such notice thereof as desired and that upon such hearing such relief may be had and such heirs may as hereinbefore asked. _________________ Attorney for petitioners Clinton County, State of Iowa; We Julia Shannon and Rose Kenney being duly sworn, depose and say that we are the parties named in the above and foregoing petition as the widow and one of the daughters of Patrick Shannon, deceased, that we have heard said petition read, know its contents and believe the same to be true. ______________________ ______________________ Subscribed and sworn to before me this day of December, 1903. _______________________ Notary Public. [Note: all signatures were left blank. LM] [Here is a description of the real estate, it is in poor hand writing. LM] The west 1/2 of the east half the east half of the South east quarter of section twenty three. The S1/2 NE1/4 & NW1/4 SE1/4 of sect. 25 & The SE 1/4 of SE 1/4 of Sect.24. All in Township eighty two (82) North of ______four. East of five P. M. This was on a court document listing all of the heirs or legatees in legalese. The above document came form the Clerk of Court, I don't understand why it would not have been signed and dated. At this time I do not know the outcome of this petition. It seems as though it should have been granted. Aug 1994, Lyman Morrison Application for an order to sell Real Estate In the District Court of the State of Iowa in and for Clinton County In the matter of of the estate of Patrick Shannon; In Probate. Deceased. Your petitioners respectfully states that they are the Executors of the estate of Patrick Shannon deceased appointed by the Court duly qualified and now acting as such. That on the 9 day of May 1904, they filed in this court their report showing a full statement of all the claims against said Estate and therein rendering a full account of the disposition made of the personal property belonging to said Estate. That as shown by said report which has been approved by this Court the unpaid claims against said estate amount to the sum of Eight Thousand Two hundred forty Three 50/00 Dollars. That there is no moneys in the hands of the Executors that the total indebtedness of said Estate over and above the personal assets is the sum of Eight Thousand Two hundred forty Three 50/00 Dollars. That the decedent died seized of the following described real estate, to wit; The West half of the East half and the East half of of the south east quarter of Section Twenty Three (23) and the North West quarter of the South East Quarter and the South West Quarter of the North East quarter of Section Twenty Five (25) and the South East quarter of the South East quarter of Section twenty four (24) all in township eighty two (82) North Range Four (4) East of the 5 P. M. Also the South east quarter of the North East quarter of Section Twenty five (25) Township eighty Two (82) North Range Four (4) East of 6 P. M. That all of the land in Said Section Twenty five has been set of ___ the widow of said Patrick Shannon as her due third interest in said Real Estate which leaves belonging to the estate under the control of the executors the land in section Twenty Three (23) and Twenty Four (24) above described which is of probable value of Seventeen Thousand 00/00 Dollars. That the following are the names and residences of the heirs of said deceased, Mary McDermott John E. Shannon M N. Shannon Rose Kenney Frances Smith T. L. Shannon in Clinton county Ia. Wm J. Shannon Chicago Ill. Jerry V. Shannon St. Joe Miss. Julia Skelley Hail Mrs. Bridget Farrell of Davenport. Ia. All of whom are of age and that he left a will and all of whom are devisees under the will. That it is necessary for paying off the claims against said estate to sell said real estate to wit; The West half and the East half of the South east quarter of Section Twenty four (24). All in Township Eighty Two (82) North Range Four (4) East of the 5 P. M. Wherefore your petitioners asks that an order be made by the court empowering and ordering them to sell at private or public sale the following described real estate. The West half and the East half of the South East quarter of Section Twenty Three (23) and the South East quarter of the South East quarter of Section twenty four (24) all in Township Eighty two (82) North Range Four (4) East of 5 P. M. for cash. M. N. Shannon James McDermott State of Iowa Clinton County We M. N. Shannon James McDermott being duly sworn on oath depose and say that we are executors herein named that we have heard this petition read we know its contents are true as I believe. Signed M. N. Shannon James McDermott Subscribed in my presence and sworn by M. N. Shannon James McDermott This 9th day of May 1904 R. B. Wolfe Notary Public Affidavit Know to all men by there presents that we James McDermott M. N. Shannon & Luke McDermott as principal and Mary McDermott Frances Smith Wm Burke Jos J McDermott John Mangan William McDermott Sureties all of the County of Clinton and State of Iowa are held and firmly bound unto Clinton County State of Iowa and all personally interested herein in the final sum of Thirty Three thousand Two hundred 00/100 dollars for the payment of which will and truly to be made we do jointly and severally find ourselves and our lawful representatives by there presents. The condition of this obligation is such that whereas the said James McDermott M. N. Shannon & Luke McDermott as Executors of the estate of Patrick Shannon deceased was on the __ day of ___ 1904 authorized and empowered by the District Court of Clinton County Iowa to sell the following described estate The West half (1/2) of the East half (1/2) the East (1/2) of the South East Quarter (1/4) of Section Twenty Three and the South East quarter of the South East quarter of Section twenty four (24) all In township Eighty Two (82) North Range Four (4) East of the 5th P. M. Now therefore if James McDermott M. N. Shannon & Luke McDermott the above bonded will account for the proceeds of said real estate and apply the same as required by law then this obligation to void otherwise to be and remain in full force and effect Signed James McDermott M. N. Shannon Luke McDermott Mary McDermott Frances Smith Wm Burke Jos J McDermott John Mangan William McDermott Sureties Subscribed in my presence by said above named parties and by them sworn to before me this 5 day of March 1905 R. B. Wolfe Petition for Sale, March 7, 1905 State of Iowa Clinton County, In The District Court Clinton County In the Matter of The Estate of Patrick Shannon Deceased, Report of sale of real estate. Comes now James McDermott Executor of the estate of Patrick Shannon deceased and states that at the June term 1904 of this Court they were authorized and empowered by said court to sell the following described real estate belonging to daid Estate to wit; The West half (!/2) of the East half (1/2) The East half (1/2) of the South East quarter (1/4) of Section Twenty Three (23) and the South East quarter (1/4) of Section Twenty Four (24) T. P. 82 W. Range 4 East 5 P. M. That on the 7 day of Mar. 1905 they filed in said court a bond in the sum of Thirty Three Thousand Two hundred 00/100 dollars with sureties approved by the clerk of said court and that on the 6 day of July 1904 said real Estate was duly appraised at the Sum of Fifteen Thousand Six hundred & Forty 00/100 dollars which appraisement has been filed in this Court That at public sale on the 4 day of Jan 1905 they sold the South East quarter (1/4) of The South East quarter (1/4) of Section Twenty Four (24) Township Eighty Two (82) North Range Four (4) East of the 5 P. M. to M. N. Shannon for the sum of Thirty one hundred dollars cash it being the highest price for which they could sell the same. That at private sale on the 20 day of Feb. 1905 They sold The West half (1/2) of the East half (1/2) and the East half (1/2) of the South East quarter (1/4) of Section Twenty Three (23) in Township Eighty Two (82) North Range Four (4)South of the 5th P. M. to M. N. Shannon for the sum of Thirteen Thousand Five hundred dollars cash, it being the highest price for which they could sell the same that they had advertised a public sale of the entire property and so offered the entire property for sale at public sale on the 4th day of January 1905, but they got no bid on said day of public sale for the land in Section Twenty Three (23) herein described and afterwards sold the same at private sale as herein reported That they have received the money for said real estate and has executed a deed to the said M. N. Shannon which he herewith presents to this Court for approval That we think it to be advantageous sale. Therefore they pray that this report be approved and the said deed after approval be ordered delivered to M. N. Shannon the purchaser. James McDermott M. N. Shannon Luke McDermott Executors State of Iowa Clinton County We James McDermott M. N. Shannon & Luke McDermott bing duly sworn on oath before and say that we are the executors herein named that we have heard this report read know its contents and the statements therein contained are true as we believe. M. N. Shannon James McDermott Subscribed in my presence and sworn to before me by the named James McDermott M. N. Shannon & Luke McDermott this 4 day of March 1905. R. B. Wolfe Notary Public I have tried to type this exactly as it has appeared in the hand written text. Lyman Morrison