unto her and her heirs, absolutely, subject, however, to the present leasehold estate held therein by my lessee, Thomas Cropper. Seventh Subject to the conditions of the second paragraph of this my will, I give and bequeath to my beloved son, Edgar Doe, should he survive me, the good will and benefit of the business of ............ which I am now carrying on in my name at ..........., together with all my capital and property which shall be employed in said business at my decease, together with my leasehold estate in and to the real estate located in described as with the store-building thereon, the appurtenances and everything included in my lease of said premises wherein the said business is now being carried on, to have and to hold the same unto my said son, absolutely. and ... Eighth Subject to the conditions of the second paragraph of this my will, I give and bequeath to my beloved son, Frank Doe, should he survive me, all my right, title and interest in and to the business of.... .........., now carried on by me and my co-partners, under the firm name of ............, to have and to hold the same unto my last said son, absolutely, subject, however, to the following conditions: I empower my executrix and executor hereinafter named, and their successors in office, to adjust and settle all accounts and transactions relating to the said partnership business and to wind up the affairs and concerns thereof and to ascertain the amount of my share and interest therein, either according to the provisions of the articles of partnership or upon such other terms and in such other manner as may be agreed on between my said executors and my surviving partners, with power to compromise or settle any question that may arise in or about the winding up of said concern, and with power to do, generally, all such acts and things in relation to said business as may appear to them necessary, including the execution of necessary contracts in writing, without being answerable for any loss which may arise thereby. : Ninth Subject to the conditions of the second paragraph of this my will, I give and bequeath to each and every of my said sons and daughters, Bertha Doe, Carrie Doe, Dora Doe. Edgar Doe and Frank Doe, (and to each and every other son and daughter to be born as the lawful issue of myself and my said wife), all the rest, residue and remainder of my estate, reai, personal and mixed, wheresoever situate, of which I shall die seized or possessed or to which I shall be entitled at the time of my decease, the same to be distributed among such sons and daughters and their heirs, respectively, share and share alike, per stirpes. And should any of the gifts and bequests made by me in the whole of this my will lapse or fail for any reason, I direct that the bequests so lapsing or failing shall go to and form part of my residuary estate, and be disposed of under and in accordance with the foregoing provisions of this ninth paragraph. Tenth: I hereby commit the guardianship of my minor daughter, Dora Doe, should she survive me in her minority, unto my said wife Alice Doe, during my said wife's lifetime and widowhood, and from and after either the decease or remarriage of my said wife I commit the guardianship of my said daughter to my much esteemed friend, Albert Roe, should he survive me, and to such person as the court may appoint to sueceed him as such guardian; and I do hereby further direct that the expenses due to the maintenance and education of my said minor daughter, for such time as she shall continue under the age of eighteen years and unmarried, shall be paid and borne by said minor's guardian out of the moneys and estate given and devised to her in and by this will. I further direct said guardian, for said time, to manage and improve the said estate of my said minor child, for her use and benefit, and, subject to the conditions of any unexpired lease thereon, to lease all or any part of her said lands and premises, and to lend and place out on good securities, or otherwise improve, according to the guardian's discretion, all or any part of the moneys belonging to or arising from said minor's estate, and pay unto and account with said minor for all such rents, interests, produce, estates and moneys hereby given and devised to my last said daughter when she shall attain the age of eighteen years. : Eleventh Subject to the foregoing provisions of this my will, I hereby authorize and empower my executrix and executor hereinafter named, and their successors by appointment to sell and dispose of all or any of the real estate of which I may die seized or possessed, at public or private sale, at such times and on such terms as my acting executrix or executor shall deem meet and proper, and to execute, acknowledge and deliver all proper writings and deeds of conveyance therefor. Twelfth And, lastly, I nominate, constitute and appoint my beloved wife, Alice Doe, and Charles A. Held, my confidential and trusted friend, the survivors and survivor of them, executrix and executor of this my last will and testament; and I further direct that neither of my said executors shall be required to give any bond or security for the proper discharge of their duties. In Witness Whereof I have hereunto subscribed my name and affixed my seal at ........, on this ............ day of ............, 19...., in the presence of .................... and ............................, whom I have requested to become attesting witnesses hereto, the subscription and attestation being on the seventh page hereof. [Add certificate as in No. 1.] 3. Codicil. John Doe. I, John Doe, of the city of............ in the State of, do hereby make and publish this codicil to my last will and testament which bears date the ........ day of ............, 19...., in manner and form following: : ............ First I do hereby revoke the devise contained in the fifth paragraph of my last said will, to my daughter, Carrie Doe, of the shares of capital stock of the ..... a corporation; and I do give and devise the same to all of my sons and daughters named in the ninth paragraph of my last said will, and to their heirs, respectively, share and share alike, per stirpes. Lastly I do hereby ratify and confirm my said last will and testament as modified by this codicil. In Witness Whereof I have hereunto set my hand and seal, at ............. this ............ of ............., in the presence of whom I have requested to become attesting witnesses hereto. [Add certificate as in No. 1.] ............ and John Doe. ARTICLE II. PRESERVATION OF WILLS. 4. Receipt for, and Certificate of Deposit for Will. one State of............, County of............, ss. of the day of, 19..., whose post office address is ............, deposited in the office of the undersigned .... Court in and for the County and State first above named, an instrument of writing purporting to be the last will and testament of............, whose present post office address is ........ Therefore, said instrument of writing I now enclose in a sealed wrapper, so that it cannot be read, said wrapper having endorsed thereon the name of said purported testator, his residence, the date of the deposit (and the name of the executor or person to be notified of the filing of said will in case of the death of said testator), the said writing to be safely kept or disposed of as provided by law. I have also this day delivered to said depositor a duplicate of this receipt. Witness my hand and the seal of said office, at the city of this said ............ day of ........ 19...., in the County and State first named above. [Seal] ............ [Signature] ............ 5. Indorsement on Sealed Wrapper of Deposited Will. In the Court of............ County, State of In re. Deposited Will. No. ............ Name and present residence of person to be notified hereafter: 6. Order for Redelivery of Deposited Will. In the Court of said County. In re. Deposited Will, No. ....... To the Hon. ............ of said court: Upon presentation of this order, please deliver to the bearer, the will deposited by me (or for me), as executor thereof, in the above named court on or about the ............. day of 19...., and this writ shall be your receipt for the same. State of..... State, on this [Acknowledgment] SS: in and for said County and day of, 19...., personally appeared .............., to me known to be the identical person who executed the within and foregoing instrument, and acknowledged to me that....he executed the same as h.... free and voluntary act and deed for the uses and purposes therein set forth. In witness whereof I have hereunto set my hand and the seal of my office, the day and year last above written. [Signature] [Seal] Notary Public. 7. Affidavit of Death of Testator. State of............, County of ............, ss: .........., of lawful age, being first duly sworn, on oath says: I know of my own personal knowledge that, late of the County of ........ and State of............, died on or about the ............ day of ..... 19..., at ............; that prior to his decease he deposited in the office of the.... ...... of the Court of the County of............ in the State of, his last will and testament (as I have been reliably informed); and I am interested in said will in this, to wit, Wherefore affiant respectfully asks that said will be opened, published, filed or deposited for probate in the manner provided by law. [Signature of affiant ] Subscribed in my presence and duly sworn to before me, 8. Order on Opening Will Deposited under Seal. In the ............Court of Said County. ........ and On this ........ day of ............................., 19...., upon receiving and examining the affidavit of ..., to the effect that..., the testator named in the certain will deposited in this court on the day of ................................, 19...., died on or about the ............ day of 19...., I have, at the court room in this said county, in the presence of ............., opened and examined the will contained in the wrapper hereto attached; and it is now ordered by the court that the said will, together with said wrapper, said affidavit and a duplicate of this order attached thereto, be filed and entered in the Index of Deposited Wills, the said will to remain in this court until duly proved or delivered to the court having jurisdiction of its probate. |