Jennings V. Schmitz

In May 1920 William Schmitz died, his will was probated and his sons John and Tony were appointed executors. Clause III of the will devised a one-hundred-sixty-acre farm to his son Will and daughter Marie Hargarten, subject to a charge of $100 per acre. They accepted the devise, mortgaged the land for $14,000 and early in 1921 paid the net proceeds of the loan, $13,300, to the executors. This suit commenced by the administrator de bonis non upon demand of the Society of the Divine Word of Techny, Illinois (herein called "the Society"), seeks to establish and foreclose a lien for $2,700, the unpaid balance of the total charge of $16,000. Clause II of the will provided for a legacy of $5,000 to the Society, a Catholic [237 Iowa Page 582]