THE IOWA STATE BAR ASSOCIATION

E-FILED
Official Form No. P-2D3

di

FOR THE LEGAL EFFECT OF THE USE OF

2016 DEC 06 9:53
AM SAC
- CLERK OF DISTRICT COURT
THIS FORM, CONSULT YOUR LAWYER
Edema
M. Munny

THE IOWA DISTRICT COURT

yr

SAC

COUNTY

IN THE MATTER OF

Probate No, ESPRO

THE ESTATE OF
Deceased

PETITION FOR PROBATE OF WILL

AND APPOINTMENT OF EXECUTOR(S)

, COUNTY OF

BUENA VISTA

DANIEL C. LYNCH

STATE OF

IOWA

, ss:

The undersigned being first duly sworn (or affirmed) states as follows:
1, Daniel C. Lynch
died at sac City. Iowa
29th
November
2016
, then domiciled in and a resident of
on the
day of
Sac City. Sac
Iowa
, and at the time of death,
County,
or afterwards, had property in this County subject to administration.
2. Said decedent made and executed an instrument designated as a Last Will and Testament, dated
the
day of
16th
May
, 2016
(Designate Codicll(s1 if any, with Platers')

filed herein, and the undersigned petitions that the same be admitted to Probate in this Court as provided
by law.
3. The undersigned
nominated Executor
petitions that
(Ind,cate relationship or interest}

John M. Murray
a qualified person(s) or corporation whose address(es) (is) (arc} respectively
530 Erie St.. PO Box 27. Storm Lake. 1A 50588
be appointed Executor(ei without bond.
Strike (A) or (B)
4. (A) Said nominee(s)-(is) (are) nominated in said Will, to act without bond.

* 5. If bond is required under the Will the estimated value of the personal property of the estate plus the
estimated gross annual income of the estate during the period of administration is $
6. The undersigned personally knows that the statements herein made are true, as such petitioner
verily believes.
WHEREFORE, the undersigned prays that this affidavit be treated as a Petition for Probate of Will and
Appointment of Executor(s) with appropriate orders accordingly.
I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the preceding is true
and correct.
* Omit if no bond is required.
For waiver of bond see
Official Form No. P228

Petitioner

M. Murray
Address 530 Erie St.. PO

ox 27

Storm Lake, IA 50588

Probate Code Sections 290-293
inclusive and 12 and 170 (Foreign
Executor, Sections 502 and 503
do not use this form)

The Iowa State Bar Association 2003

IOWADOGS e

P-203 PETITION FOR PROBATE OF WILL AND APPOINTMENT OF EXECUTOR(S)

Revised January, 1999

E-FILED 2016 DEC 06 9:53 AM SAC - CLERK OF DISTRICT COURT

FOR THE LEGAL EFFECT OF THE USE OF
THE IOWA
BAR ASSOCIATION
Edean M. Murray
S FORM, CONSULT YOUR LAWYER
O fficial Form NoP62

Ki

THE IOWA DISTRICT COURT

con,

SAC

COUNTY

IN THE MATTER OF

Probate No. ESPRO

THE ESTATE OF
DESIGNATION OF ATTORNEY

DANIEL C. LYNCH,
Deceased.

The fiduciary(ies) to assist in the administration of this matter, designate(s):

Name of the Attorney
in charge:

Edean M. Murray

Name of Firm:

Murray & Murray, PLC

Post Office Address:

530 Erie St.. PO Box 27. Storm Lake. IA 50588

Telephone Number:

(712) 732-8181

Dated:

December

John M. Murray

.2016

Signature of Fiducl-

Signature of Second Fiduciary

530 Erie St., PO Box 27

Storm Lake, IA 50588
Post Office Address

Post Office Address

Section 633.82, The Code

DESIGNATION OF ATTORNEY

The Iowa State Bar Association 2003

IOWAIIOCS

P.215 DESIGNATION OF ATTORNEY

Revised January,1999

FOR THE LEGAL EFFECT OF THE USE OF

E-FILED 2016 DEC 06 9:53
AM M.
SAC
- CLERK OF DISTRICT COURT
THIS FORM, CONSULT YOUR LAWYER
Edean
Murray

THE IOWA STATE BAR ASSOCIATION

Official Form No. P-210

T.I~

CAT

THE IOWA DISTRICT COURT

^^

1 ,=-i,,

SAC

COUNTY

Y^`rOC'IA'ttC

IN THE MATTER OF
No. ESPRO

THE ESTATE OF

Probate

DANIEL C. LYNCH.

COURT OFFICER'S OATH (INDIVIDUAL)

(STATUTORY)

Deceased.
I, the undersigned, do solemnly swear (or affirm) that as a Court Officer and as Fiduciary in the above
matter, I will faithfully discharge the duties imposed by law, including the duty to account, to the best of my
ability.
I certify under penalties of perjury and pursuant to the laws of the State of Iowa that the preceding is true
and correct.
Dated this

day of

December

, 2016

,o n A!. Murray
530 Erie St.. PO Box
Storm Lake, IA " D88

The Iowa State Bar Association 2008

IOWADOCS

P-218 COURT OFFICER'S OATH (INDIVIDUAL)

Revised March 2008

E-FILED 2016 DEC 06 9:53 AM SAC - CLERK OF DISTRICT COURT

LAST WILL AND TESTAMENT

OF
REVEREND DANIEL C. LYNCH
'r

I, Reverend Daniel C. Lynch of Sac City, Iowa,

being of sound and disposing mind and memory, do
hereby make, publish, and declare this to be my Last
Will and Testament, hereby revoking any and all
Wills and Codicils by me made at any time
heretofore.

ARTICLE I
I first direct that all of my just debts, including
the expenses of my last illness and burial, be paid as
soon as possible after my death. Any Iowa (or state)
inheritance tax assessed as the result of my death is
not to be charged against the share of any individual
C

E-FILED 2016 DEC 06 9:53 AM SAC - CLERK OF DISTRICT COURT

beneficiary but shall be paid from the residue of my

estate.

ARTICLE II
With respect to ceremonies and arrangements
concerning the final disposition of my remains, I
hereby direct that the following amounts be paid:
$500.00 to the pastor of Sac City, St. Mary's
parish or to such other pastor that shall
preside at my wake.
$500.00 to the celebrant of my funeral mass.
$500.00 to the homilist of my funeral mass.
$500.00 to the pastor of Storm Lake, St.
Mary's parish, if the pastor is not the
celebrant or the homilist.
$300.00 to the deacon of my funeral mass.
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E-FILED 2016 DEC 06 9:53 AM SAC - CLERK OF DISTRICT COURT

$500.00 to the pastor of Larchwood, St.

Mary's parish or to such other pastor that.
shall preside at my burial.
I also direct my Executor to compensate all
other parties providing services for the ceremonies
and arrangements concerning the final disposition of
my remains, including but not limited to:
The Storm Lake St. Mary's Guild or such
other person or entity providing dinner.
The Storm Lake St. Mary's Choir.
The altar boys.

ARTICLE III
All applicable items of tangible personal
property shall be distributed in accordance with the
provisions or any written list(s) of mine. If any such
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E-FILED 2016 DEC 06 9:53 AM SAC - CLERK OF DISTRICT COURT

list(s) exists, the terms are hereby incorporated

herein by reference just the same as if set out in full
in this document.
In regard to all other items of tangible personal
property, my Executor is authorized to dispose of the
property in an appropriate manner and/or sell said
items at public or private sale and distribute the
proceeds as part of the residue of my estate.
Items can be donated to S.O.S. Thrift Store,
Storm Lake, Iowa; sold by private sale; sold at
public auction by Mike Green, etc.

ARTICLE IV
I hereby make the following specific bequests to
the following entities:

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E-FILED 2016 DEC 06 9:53 AM SAC - CLERK OF DISTRICT COURT

$1,000.00, to the Society for the Propagation

of Faith to 'be designated for Masses for
members of the Hughes and Lynch families;
AND
$25,000.00 to the Diocesan Catholic
Charities of Sioux City, Iowa;
AND
$3,500.00 to the Order of St. Francis (OSF)
Convent, Dubuque, Iowa;
AND
$3,500.00 to the Order of St. Francis (OSF)
Convent, Clinton, Iowa;
AND
$3,500.00 to the Sisters of the Presentation
of Blessed Virgin Mary, Dubuque, Iowa;
AND
Page 5 of 13

E-FILED 2016 DEC 06 9:53 AM SAC - CLERK OF DISTRICT COURT

$5,000.00 to the Xavier Society for the

Blind, 154 E. 23 rd Street, New York, New
York 10010;
AND
$5,000.00 to Iowa Department for the Blind,
524 Fourth Street, Des Moines, Iowa 50309;
AND
$500.00 to the S.O.S. Thrift Store, an Iowa
non-profit, located in Storm Lake, Iowa.

If any entity named above is not in existence,

then that share shall lapse and pass as part of the
residue of my estate.

ARTICLE V
All of the rest, residue and remainder of my
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13

E-FILED 2016 DEC 06 9:53 AM SAC - CLERK OF DISTRICT COURT

estate, be it real property, personal property or

mixed property, wherever located,,l hereby will,
devise and bequeath as follows:

50% to St. Mary's School, Storm Lake,

Iowa to be used at the discretion as
determined by the school board;

AND

25% to St. Mary's Catholic Church, Storm

Lake, Iowa to be used at the discretion as
determined by the parish pastor;

AND

Page 7 of 13

E-FILED 2016 DEC 06 9:53 AM SAC - CLERK OF DISTRICT COURT

25% to Catholic Relief Services (the official

overseas relief and development agency of
the U. S. Conference of Catholic Bishops)
located in Baltimore, Maryland.

ARTICLE VI
I hereby appoint John M. Murray of Storm Lake,
Iowa, as Executor and in the event that he shall not
survive me or shall be unable to serve, I appoint
Edean M. Murray of Storm Lake, Iowa as his
successor as Executor and in the event that she shall
not survive me or shall be unable to serve, I appoint
the Julia Mooney of Storm Lake, Iowa as her
successor as Executor of this my Last Will and
Testament. All Executors to serve without bond to
the extent that the law of Iowa so allows.
Page 8 of

13

E-FILED 2016 DEC 06 9:53 AM SAC - CLERK OF DISTRICT COURT

My Executor shall have power, and authority to

do any act or thing reasonable necessary or
advisable for the proper administration and
distribution of my estate, including all powers,
duties and responsibilities as expressly provided to
fiduciaries by the Code of Iowa and/or the laws ,of
any other state in which this will is admitted for
probate. In extension, but not in limitation, of any
power, right or discretion otherwise possessed of my
Executor by law, I grant to them without the
necessity of notice to or approval of any court or
person the power and authority to hold, manage,
control, invest, reinvest, sell (upon contract or
otherwise), exchange, grant, purchase, convey,
distribute, mortgage, lease, divide, partition,
subdivide, assign, transfer or otherwise deal with or
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E-FILED 2016 DEC 06 9:53 AM SAC - CLERK OF DISTRICT COURT

dispose of the property of my estate, without any

duty upon any persons dealing with them to see to
the application of any money or other property
delivered to them. My Executor shall specifically
have the power and authority to sell real estate and
personal property with out court supervision or
approval, and to employ realtors or auctioneers to
handle the sale and, if so, to pay to them a
reasonable fee from the proceeds of said sale.

IN WITNESS WHEREOF, I have hereunto set

my hand to this my Last Will and Testament at
Storm Lake, Iowa, on this 16 th day of May, 2016.

Reverend Daniel C. Lynch,


E-FILED 2016 DEC 06 9:53 AM SAC - CLERK OF DISTRICT COURT

Testator
The above and foregoing instrument was read in
its entirety to Reverend Daniel C. Lynch and signed
and declared by Reverend Daniel C. Lynch as his
Last Will and Testament in the presence of us, who
at her request, and in his presence and in the
presence of each other, did hereunto sign our names
as witnesses.
530 Erie Street
Storm Lake, IA 50588

Jeannine M. Waddell

530 Erie Street

Storm Lake, IA 50588

STATE OF IOWA
ss.
COUNTY OF BUENA VISTA )

Page 11 of 13

E-FILED 2016 DEC 06 9:53 AM SAC - CLERK OF DISTRICT COURT

We, the undersigned, Reverend Daniel C.

Lynch, Sheila R. Flanigan, and Jeannine M.
Waddell, the Testator and the witnesses,
respectively, whose names are signed to the attached
and foregoing instrument, being first duly sworn,
declare to the undersigned authority that said
instrument is the Testator's Will and that the
Testator willingly signed and executed such
instrument, or expressly directed another to sign the
same in the presence of the witnesses, as a free and
voluntary act for the purposes therein expressed; that
said witnesses, and each of them, declare to the
undersigned authority that such Will was executed
and acknowledged by the Testator as the Testator's
Will in their presence and that they, in the Testator's
presence, at the Testator's request, and in the
presence of each other, did subscribe their names
thereto as attesting witnesses on the date of such
Will; and that the Testator, at the time of the
execution of such instrument, was of full age and of
sound mind and that the witnesses were sixteen
years of age or older and otherwise competent to be
witnesses.
Page 12 of 13


E-FILED 2016 DEC 06 9:53 AM SAC - CLERK OF DISTRICT COURT

Reverend Daniel C. Lynch,

Testator

Sheila R. Flanigan,
Witness

Subscribed and sworn and acknowledged before

me by Reverend Daniel C. Lynch, Testator; and
subscribed and sworn before me by Sheila R.
Flanigan, and Jeannine M. Waddell, witnesses, this
16th day of May, 2016.

_,_..
^.I vsAt
JOHI M. MURRAY 11
1
r q COMMISSION NO. 193321
'owa

MY -OMISSION EXPIRES

Page I3 0 13

E-FILED 2016 DEC 06 1:35 PM SAC - CLERK OF DISTRICT COURT

THE IOWA DISTRICT COURT IN AND FOR SAC COUNTY

IN THE MATTER OF
THE ESTATE OF
DANIEL C. LYNCH ,
Deceased.

)
)
)
)
)
)

PROBATE NO. ESPR______________

ORDER ADMITTING WILL
TO PROBATE AND
APPOINTING EXECUTOR

This matter comes on for hearing of the proof of the instrument dated the 16th day of
May, 2016, filed herein and purporting to be the Last Will and Testament of the above named
decedent, and the evidence being seen and heard in the manner provided by law, it is found that
said instrument was executed and witnessed as provided by law; is the Last Will and Testament
of the above named decedent; that the Executor hereinafter named is qualified to act in such
capacity.
IT IS THEREFORE ORDERED AND ADJUDGED that the above described instrument
is admitted to probate as the Last Will and Testament of said decedent, and John M. Murray is
appointed Executor thereof without bond.

E-FILED 2016 DEC 06 1:35 PM SAC - CLERK OF DISTRICT COURT

State of Iowa Courts

Type:

ORDER ADMITTING WILL AND APPOINTING EXECUTOR

Case Number
ESPR014699

Case Title
ESTATE OF DANIEL C. LYNCH
So Ordered

Electronically signed on 2016-12-06 13:35:17

page 2 of 2

E-FILED 2016 DEC 07 8:22 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

IN THE MATTER OF THE
Case No. 02811 ESPR014699
ESTATE OF DANIEL C LYNCH

Certificate of Admission
of Will to Probate
Docket Event Code: COAW

I hereby certify that the Will/Codicil(s) of DANIEL C LYNCH , deceased, was duly proved, and admitted to probate and
recorded in said District Court, in accordance with Iowa Code section 633.300.
Will/Codicil(s) filed on 12/06/2016.
Dated: 12/07/2016

/s/ Brenda McClure, Designee

Clerk of Court/Designee
SAC County

E-FILED 2016 DEC 07 8:24 AM SAC - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR SAC COUNTY

IN THE MATTER OF THE
ESTATE OF DANIEL C LYNCH

Case No. 02811 ESPR014699

Letters of Appointment
Docket Event Code: LEAP

KNOW ALL PERSONS BY THESE PRESENTS:

That having been duly appointed and qualified as Executor of the above entitled matter,

John M. Murray

is vested with all powers authorized by law in the premises.

Letters issued: 12/07/2016

/s/ Brenda McClure, Designee

Clerk of Court/Designee
SAC County