Will Book 1 Page 151, 152, 153, 154, 155, 156, 157, 158
I Mahlon S. Kemmerer, residing at Mauch Chunk Pennsylvania do hereby
make, publish and declare the following to be my last will and
testament, hereby revoking all wills and codicils heretofore by me
made.
First: I appoint as executor of this my last will and testament my
son John L. Kemmerer, my daughter Gertrude K. Thorne, James H.
Auport of Bannsboro, Pennsylvania and Patrick J. Quesby, of Kenner,
Wyoming and I direct that no bond or underwriting be required of any
of my executors in any court or Jurisdiction for the faithful
performance of this duty under this will.
Second: I direct that my executors pay my funeral expenses and just
debts as soon as practicable after my decease.
Third: I give, devise, and bequeath to my two children John L.
Kemmerer and Gertrude K. Thorne, share and share alike all of my
household furniture and household equipment and automobiles and all
of my personal affects.
Fourth: Subject to the payment of any and all inheritance tax or
taxes with respect to the gifts and bequests heretofore made by me
in this will, I give, devise and bequeath the entire residue of my
estate to my said executors in Trust never the less as follows:
Section A: In the event that no grandchild of mine, shall survive me
to invest, reinvest, and keep said residue invested and to collect
and receive the income and profits thereof and after deducting all
proper charges incidental to the administration of the trust to pay
over the net proceeds of such incomes and profits during the lives
of my daughter Gertrude K. Thorne and my son John L. Kenner and the
survivors of them as follows:
(a) To pay one half of said income to said Gertrude K. Thorne her
life and on her death continue to pay said one half of said income
to her issue during the life of said John L. Kenner and on the death
of said John L. Kenner to pay one half of the principal of said
trust to the issue of said Gertrude K. Thorne and if no issue of
said Gertrude K. Thorne survives said John L. Kenner, then to such
persons as the said Gertrude K. Thorne shall have designated in and
by her last will and testament duly admitted to probate. If,
however, the said Gertrude K. Thorne shall have no issue her
surviving or shall have issue predeceasing said John L. Kenner, then
on his death of such issue predeceasing John L. Kenner in the case
may be, my executors shall pay said one half of said income to my
son John L. Kemmerer during his life and on his death they shall pay
one half of the principal of said trust fund to such persons as the
said Gertrude K. Thorne shall have designated in and by her last
will and testament duly admitted to probate.
(B) To pay one half of said income to said John L. Kemmerer
during his life and on his death to pay said one half of said
income to his issue during the life of said Gertrude K. Thorne and
on the death of said Gertrude K. Thorne to pay one half of the
principal of said trust to the issue of said John L. Kenner and if
no issue of said John L. Kenner survives said Gertrude K. Thorne,
then to such persons as the said John L. Kemmerer shall have
designated in and by his last will and testament duly admitted to
probate. If however the said John L. Kemmerer shall have no issue
him surviving or shall have issue predeceasing said Gertrude K.
Thorne then on his death without issue or on the death of such issue
predeceasing Gertrude K. Thorne as the case may be, my executors
shall pay one half of said income to my daughter Gertrude K. Thorne
during her life and on her death they shall pay over one half of the
principal of said Trust fund to such persons as the said John L.
Kemmerer shall have designated in and by his last will and testament
duly admitted to probate.
Section B: In the event that any of my Grandchildren shall survive
me, to invest, reinvest, and keep said residue invested, and to
collect and receive the income and profits thereof and after
deducting all proper charges incidental to the administration of the
trust, to pay over the net proceeds of such incomes and profits in
equal shares to my daughter Gertrude K. Thorne and my son John L.
Kemmerer during the lives of my grandchildren me surviving and for
twenty one years thereafter, if my son and daughter shall live so
long.
If my daughter Gertrude K. Thorne shall die during the lives of my
Grandchildren me surviving or in the twenty one years thereafter
without leaving lawful issue, her surviving and prior to the death
of my son John L. Kemmerer I will and bequeath the incomes and
profits as above, which she would have continued to receive had she
out lived said Grandchildren and said period of twenty one years, to
my son John L. Kemmerer during the lives of said Grandchildren and
for twenty one years thereafter.
If my son John L. Kemmerer shall die during the lives of my
grandchildren, me surviving or in the twenty one years thereafter
without leaving lawful issue him surviving, and prior to the death
of my daughter Gertrude K. Thorne, I give and bequeath the incomes
and profits as above which he would have continued to receive had he
out lived my grandchildren me surviving and said period of twenty
one years to my daughter Gertrude K. Thorne during the lives of my
grandchildren me surviving and for twenty one years thereafter.
If my son John L. Kemmerer shall die during the lives of my
grandchildren, me surviving or within twenty one years thereafter
without leaving lawful issue him surviving and prior to the death of
my daughter Gertrude K. Thorne, I give and bequeath the incomes and
profits as above which he would have continued to receive had he out
lived my grandchildren me surviving and said period of twenty one
years to my daughter Gertrude K. Thorne during the lives of my
grandchildren me surviving and for twenty one years thereafter.
If my daughter Gertrude K. Thorne shall die during the lives of my
grandchildren who so survive me or within twenty one years
thereafter leaving lawful issue her surviving, I give and bequeath
the incomes and profits as above which she would have received had
she out lived my grandchildren surviving me and said period of
twenty one years, to her issue her surviving. Whether born before or
after my death, during the lives of my grandchildren me surviving
and for twenty one years thereafter.
If my son John L. Kemmerer shall die during the lives of my
grandchildren who so survive me or within twenty one years
thereafter leaving lawful issue him surviving, I give and bequeath
the incomes and profits as above which he would have received had he
out lived my grandchildren surviving me and said period of twenty
one years to his issue him surviving. Whether born before or after
my death during the lives of my grandchildren me surviving and for
twenty one years thereafter.
And on the death of both my son and daughter during the lives of my
grandchildren surviving me or within twenty one years thereafter I
direct my trustees to pay the net income from the whole of said
trust fund to all of my grandchildren, both those living at the time
of my death and those born after my death and their issue during the
lives of my grandchildren who survive me and to continue such
payments of income to my grandchildren surviving their parents and
issue of all deceased grandchildren for a period of twenty one years
after the death of the last survivor of my grandchildren surviving
me and at the expiration of said twenty one years after the death of
the last survivor of my grandchildren surviving me to divide the
principal of said Trust fund among all of my grandchildren and great
grandchildren them surviving, the distribution of income during said
periods and principal at the termination thereof to be made to my
grandchildren in equal shares, but the shares of income and
principal of great grandchildren to be distributed to such great
grandchildren p??? and not p??? so that the issue of the deceased
grandchildren will take collectively the share that their parents
would have taken if their parents had been born after my death and
had survived the Trust period.
In the event that all of my grandchildren surviving me shall
predecease my said son and my said daughter and other of my
descendants born before or after my death shall then be living and
shall continue to live until the expiration of twenty one years
after the death of the last survivor of my grandchildren surviving
me, then upon the expiration of said twenty one years, I give devise
and bequeath the entire principal of said Trust fund to my executors
in trust to be disposed of by them in accordance with the provisions
of Section "A" of this paragraph, ??? as if no grandchildren had
survived me, and I give devise and bequeath the same accordingly,
??? my son or daughter shall then be living.
In the event that all of my grandchildren surviving me shall
predecease my said son and my said daughter and no other of my
descendants born before or after my death shall be living at the
time of the death of the last survivor of my grandchildren surviving
me or within twenty one years thereafter then upon the death of my
last survivor of my grandchildren surviving me or upon the death of
the last of said descendants during said period of twenty one years
as the case may be, I give, devise and bequeath the entire principal
of said trust fund to my executors in trust to be disposed of by
them in accordance with the provisions of section "A" of this
paragraph, ??? as if no grandchild have survived me and I give
devise and bequeath the same accordingly.
In the distribution of income of said Trust fund in any of the
contingencies herein provided for if no descendants of my daughter
shall then be living and she be dead my son shall take all of said
income of said Trust fund and, if no descendants of my son shall
then be living and he be dead, my daughter shall take all of said
income of said Trust fund as the case may be and the principal shall
be paid as above provided.
In the event that any one or more of my descendants shall not have
attained the age of twenty one years after he or she shall have
respectively become entitled to receive income from this Trust fund,
I direct my trustees to accumulate such income for such respective
descendants until he or she shall attain the age of twenty one years
with power to apply such part of said income of such descendants to
its support, maintenance and education, as my trustees may deem
proper, paying over the accumulated incomes to each such descendant
as he or she respectively attains the age of twenty one years.
Fifth: During my life time I have always endeavored to recognize the
duty of contributing regularly to charitable objects a definite
portion of my income. I therefore make no bequest for charitable
purposes in this my will and I have full confidence that my children
and their descendants will continue likewise to contribute to
charitable objects from time to time as I have done during my life
time.
Sixth: Having accumulated a substantial fortune during my life time
by the ??? of industry, frugality and thrift I am leaving it for my
children in trust and to my descendants eventually with hope and
expectations that the same principal and means which I have followed
in acquiring and holding together my properties may like wise be
followed by my trustees and my children in ??? and increasing the
Trust fund ??? to the care for the benefit if my children and their
descendants.
Seventh: I authorize and empower my executors and the survivors of
them and their successors in trust to sell, mortgage lease and
convey all or any part of my estate, both real and personal, except
the property herein specifically devised and bequeathed, at such
times and in such manner as they may deem best in order to carry out
the provisions of this my last will and testament, giving and
granting unto said executors full power and authority to make proper
conveyance and transfer of my estate both real and personal I
authorize and empower my executors and the survivors of them and
their successors in trust.
Section 1: At the risk of the trust estate and without
responsibility to my executors to continue to hold any stocks, bonds
or other securities in which at the time of my death any portion of
my estate shall be invested, although the same shall not be of the
character authorized by the State of Pennsylvania for trust
investments, and likewise to have full power and authority to sell,
dispose of call in and change any and all investments, and such
investments or reinvestments made by my executors shall not be
limited to such securities and investments as shall be prescribed by
the laws of the State of Pennsylvania for legal trust investments.
If such trustees desire from me my thoughts as to the investments
which they make, it is that they should endeavor to carry out the
same principals and purposes which I myself have followed in the
making of investments.
Section 2: In any case in which my executors are required pursuant
to the provisions of this will to divide any portion of my estate
into parts or shares or to distribute the same, I authorize them in
their discretion to make such division or distribution in kind, or
partly in kind and partly in money, and for the purpose of such
allotment, the Judgment of my executors concerning the property
thereof and the ??? value for the purpose of distribution of the
property or securities so allotted shall be binding and conclusive
on all persons interested in my estate.
Section 3: In case of securities taken or purchased for any trust
fund at a premium, my executors shall not be bound to set aside any
part of the income thereof as a sinking fund to ?retire? or absorb
such premium.
Section 4: I further authorize my said executors or the survivors of
them in their discretion to vote in person or by proxy upon all
stocks or other securities held by them, to exchange the securities
of any corporation or company for other securities issued by the
same, or by any other corporation or company at such times and upon
such times and conditions as my executors shall deem proper to
convert to the reorganization, consolidation or merger of any
corporations thereof, to any person, corporation or company, or to
the lease by any person, corporation or company of his or its
property or any portion thereof, to such corporation or company, and
upon such reorganization, consolidation, merger sale or lease to
exchange the securities held by it for the securities issued in
connection therewith, to pay all assessments, subscriptions and
other sums of money as the executors may deem expedient for the
protection of their interests as holders of any stocks, bonds or
other securities of any corporation or company and to exercise any
option contained in any stocks, bonds or other securities for the
conversion of the same into other securities or take advantage of
any rights to subscribe for additional stocks, bonds or other
securities and to make any and all necessary payments therefore, and
generally to exercise in respect of all stocks, bonds and other
investments held by the executors hereunder all rights powers and
privileges as are or may be lawfully exercised by any persons owning
??? property in his own right.
Section 5: I direct that the income of all trusts created under this
will shall be deemed to be for the benefit of the Beneficiary from
the date of my death and pending the administration of my estate
until the respective trust funds are established. I direct my
executors from time to time to pay from my general estate to trust
beneficiaries a sum equal to ??? ??? per annum on the principal of
the respective trust funds until such trust funds shall have been
established.
Eight: I hereby authorize and empower any executor at any time or
from time to time to delegate the powers and discretions or any of
them, vested in him or exercisable by him, his or it under the trust
herein ??? to any other executor under this will may at any time
appoint any agent or attorney to make executor and deliver any
leases, transfers or other instruments or to do any act necessary to
proper to be done in the execution of said trust with full power to
revoke any such delegation or appointment, and to renew the same
from time to time. I earnestly urge upon you my executors that the
powers in this paragraph "eight" be most sparingly used.
Ninth: I hereby direct that not executor under this will shall be
answerable or accountable for any act of the other executors in
which she, he or it shall not participate or concur nor for any loss
that shall occur except for his, her or its own willful or negligent
act or default.
Tenth: I hereby commit the administration of my estate to my said
executors and urge upon them and upon my children the duties of
industry, frugality and thrift in the management of my property.
Eleventh: I nominate, constitute, and appoint each of my
Grandchildren an executor of this my will as soon as he or she shall
attain the age of thirty years and I give and grant unto each of
said executors the same powers, privileges and exceptions which I
have granted to my executors herein.
In the event that at any time there shall remain but one executor of
this my will I authorize and direct him or her to select and appoint
a responsible Trust Company or a National Banking association,
either of the city of New York or of the city of Philadelphia
to act as co-executor and I give and grant unto such Trust Company
the same powers, privileges and exceptions which I have granted to
my executors herein.
My executors are hereby directed to render annual accounts to the
Orphans' Court of Mauch Chunk, Pennsylvania.
In witness whereof I have hereto set my hand and seal to this my
last will and testament this 27th day of October 1920.
Mahlon S. Kemmerer (seal)
Signed, sealed published and declared by the above named testator
as, for and to be his last will and testament in our presence.
Whereupon we at his request in his presence and in the presence of
each other have hereto subscribed our names as subscribing witnesses
this 27th day of October 1920.
James D. McDermot
Residing at 1030 (?Has?) Ave N.Y.
David Ferguson
Residing at 940 Prospect Place Brookline N.Y.
Elihugh Mc(?Green?)
Residing at 57 East 50 Street New York City
during the Trust Term to pay the share of income which the
deceased child or her or his children would have received, if living
to my other child, if living and if not living to the descendants of
such other child of mine the descendants of equal degree taking per
capita and those of unequal degree taking per ?stirpes?.
5. When the survivor of my two children shall die, then to pay the
income of the entire trust to and among all of my descendants then
and thereafter living during the Trust term, the descendants of
equal degree taking per capita and those of unequal degree taking
per ?stirpes?.
(6) Upon the expiration of said Trust term to convey, transfer, and
pay over the principal of the Trust to and among my descendants then
living. The descendants of equal degree taking per capita and those
of unequal degree taking per ?stirpes? and I give, devise and
bequeath the same accordingly.
(7) If there shall be no descendants of mine living at the
expiration of said Trust Term, then to convey, transfer and pay over
one half of the principal of the trust to such person, persons and
or corporations and in such manner and proportions as my daughter,
Gertrude Thorne, shall by her duly executed and probated last will
and testament appoint and the remaining half to such person, persons
and/or corporations and in such manner and proportion as my son,
John L. Kenner, shall by his duly executed and probated last will
and testament appoint and I give, devise and bequeath the same
accordingly.
If either of my said children shall fail to make a valid deposition
by her or his will, of if made, such deposition for any reason shall
be ineffective, then to convey, transfer, and pay over the share or
shares of principal to such persons as shall constitute my next of
kin under the laws of the state of Pennsylvania as then existing and
I give, devise and bequeath the same accordingly.
(8) If at any time during the trust term there shall be no
descendants of mine then living, then upon the death of the last
survivor of such descendants, the trust shall terminate and come to
an end, regardless to the forgoing provisions as to the duration of
the Trust term and the principal shall thereupon be conveyed,
transferred and paid over as follows, one half of the principal to
such persons and/or corporations and in such manner and proportion
as my daughter Gertrude K. Thorne shall by her duly executed and
probated last will and testament appoint and the remaining half to
such person, persons and/or corporations and in such manner and
proportion as my son John L. Kemmerer, shall by his duly executed
and probated last will and testament appoint.
If either of my said children shall fail to make a valid disposition
to her or his wills, or if made, such disposition for any reason
shall be ineffectual, then to convey, transfer and pay over the
share or shares of principal to such persons as shall constitute my
next of kin under the laws of the State of Pennsylvania as then
existing, and I give, devise, and bequeath the same accordingly.
(9) After the death of the survivor of my two children, wherever a
per ?stupes? distribution of either principal or income is provided
for under subdivision 5 and 6 of this paragraph "Fourth" I direct
that the words "per ?stupes?" shall not be deemed to relate back to
my two children but shall refer only to grandchildren and their
descendants.
SECOND: I hereby direct that paragraph "Seventh" of said last will
and testament the section of which is now designated as section 5,
be renumbered and hereafter designated as section 6 of said
Paragraph "seventh".
THIRD: I hereby add the following section to Paragraph seventh of
said last will and testament to be known as section 5:
Section 5, With respect to any partnership or firm in which I may
have an interest at the time of my death I fully empower my
executors to continue in the business of such partnership or firm or
any successor thereto any property of the estate for such time or
times as the majority of them may approve and in that connection I
fully empower my executors to loan to any such partnership or firm
or successor partnership or firm moneys of the estate, with or
without security as my executors my determine, all at the risk of
the estate.
In connection with any such partnership or firm I fully empower my
executors to make ??? as to my interest, or to the interest of my
estate in any such partnership or firm, even though some one or more
of my executors may be partners in such partnership or firm.
My executors may in their discretion ??? statement which may be ???
to any firms, partnerships, or ??? of which I may be a member at the
time of my death as to the interest I may have at the time of my
death in any such partnership or firm or as to any sums of money, if
any, that may be due me from such partnership or firm, my executors
may accept any such statement as final, conclusive and binding upon
my estate, and, if so accepted by my executors, such statement shall
be final, conclusive and binding upon my estate. I further fully
empower my executors from time to time to borrow in the name of the
estate, such moneys as they may deem in the interest of the estate
and to secure the payment of money so borrowed, if so (???) by (???)
and properties, all at the risk of my estate:
Fourth: All powers, privileges, exemptions, and ??? vested by me in
my execution under said last will and testament and under this
codicil shall also be vested in them as Trustees and in said The
Chase National Bank of the City of New York (or successors Bank or
Trust Company) trustee under any and all of the trusts created by me
under said last will and testament and this codicil. I further
direct that no bond or undertaking shall be required of any of said
executors and said, The Chase Nation Bank of the City of New York
(or any successors Bank or Trust Company) for the faithful
performance by them respectively of their duties and
responsibilities as Trustees, under said last will and Testament and
this codicil, all such trustees shall render annual accounts in the
same manner as provided in said will with respect to executors.
Fifth: I revoke and annul the sub paragraph eleventh of said last
will and testament reading as follows:
In the event that at any time there shall remain but one executor of
this my will, I authorize and direct him or her to select and
appoint a responsible Trust Company or a National Banking
association, either of the City of New York or of the City of
Philadelphia to act as co-executor and I give and grant unto such
Trust Company the same powers, privileges and exemptions which I
have granted to my executors named herein.
Sixth: In all other respects, except as herein modified I ratify and
confirm said last will and testament dated October 27, 1920 which
with this codicil thereto, I declare to be my last will and
testament.
In witness whereof I have hereto set my
hand and seal to this codicil this 3rd day of December 1925
Mahlon (his X mark) Kemmerer (L.B.)
Irene E. Schuler
Catherine M. Christy
John Garrah
Signed, sealed, published and declared by the above named Testator
as and for a first codicil to his last will and Testament in our
presence. Whereupon we, at his request, in his presence and in the
presence of each other have hereto signed our names as subscribing
witnesses, this third day of December 1925.
Irene E. Schuler
Residing at 75 S. Dover Avenue or Bowling Greene, Ohio
Catherine M. Christy
Residing at 125 S. Dover Avenue, Drafton, Penn
John Garrah
Residing at 271 W. B???, Mauch Chunk
To John M. Bond
Register of wills, clerk of the orphan's court for the county of
Carbon in the commonwealth of Pennsylvania.
PETITION
In the matter of the probate
of the last will and testament
and codicil thereto of
Mahlon S. Kemmerer
Late of the Borough of
Mauch Chunk, Carbon
County, Pennsylvania, deceased
The petition of John L. Kemmerer, residing at ??? ???, New Jersey,
Gertrude W. Thorne, residing at Greenwich ???, James K. (?Allpont?)
residing at ??? Pennsylvania and Patrick J. ??? residing at ???
respectively showeth that we are the executors named in the last
will and testament and codicil thereto of Mahlon S. Kemmerer,
deceased, said last will and testament being dated the 27th day of
October A.D. 1920 and said Codicil being dated the 3rd day of
December A.D. 1925.
That said Mahlon S. Kemmerer was a resident of the Burrough of Mauch
Chunk, Carbon County, Commonwealth of Pennsylvania, and departed
this life at Atlantic City, State of New Jersey on the 29th day of
December A.D. 1925 at 5:30 o'clock a.m.
That said Testator has not been married and no child or children
have been born to said Testator since the execution of the last will
and testament, and codicil thereto, offered for probate.
That said Testator was possessed of personal property to the value
of Four Hundred Thousand dollars ($400,000) and ??? and real estate
in the commonwealth of Pennsylvania to the value of seventy five
thousand dollars ($75,000), as near as can be ascertained, situated
as follows sig: in the counties of Carbon, Lackawanna, Luzerne, and
Montour.
Therefore said petitions respectfully apply for the probate of said
last will and testament and codicil thereto and for the issuance of
letters testamentary thereon to the executors named therein, Dated
January 8th A.D. 1926.
Gertrude K. Thorne
John L. Kemmerer
Patrick J. Quisby
State of Pennsylvania
County of Carbon
John L. Kemmerer, Gertrude K. Thorne, James H. (?Allpont?) and
Patrick J. Quisby, named in the above
application, being duly sworn according to law, say that the matters
and things set forth in the forgoing petition are true to the best
of their knowledge and belief.
Subscribed and sworn
before me at Mauch
Chunk, Pennsylvania
January 8th A.D. 1926
James M. Bond, Jr.
Register of Wills
Gertrude K. Thorne
John L. Kemmerer
James H. (?Allpont?)
Patrick J. Quisby
Proof of Will
Commonwealth of Pennsylvania
County of Carbon
Registers Office, January 8th A.D. 1926
There personally appeared David Ferguson and James J. McDermont, two
of the subscribing witnesses to the forgoing last will and testament
of Mahlon S. Kemmerer, deceased, on their solemn oath did say that
they were present and did see and hear Mahlon S. Kenner, of Carbon
County Pennsylvania, deceased, the testator therein named, sign,
seal, publish and declare the same as and for his last will and
testament and that at the doing thereof, he was of sound and
disposing mind and memory and understanding to the best of their
knowledge and belief.
David Ferguson
James J. McDermont
sworn and subscribed before me
the day and year aforesaid.
John M. Bond, Jr. Register
Proof of Will
Commonwealth of Pennsylvania
County of Carbon
Registers Office, January 8th A.D. 1926
There personally appeared Catherine M. Christy and John Garrah, two
of the subscribing witnesses to the forgoing codicil to the last
will and testament of Mahlon S. Kemmerer, deceased, on their solemn
oath did say that they were present and did see and hear Mahlon S.
Kenner of Carbon County Pennsylvania, deceased, the testator therein
named, sign, seal, publish and declare the same as and for a codicil
to his last will and testament and that at the doing thereof he was
of sound disposing mind memory and understanding to the best of
their knowledge and belief.
Catherine M. Christy
John Garrah
sworn and subscribed before me
the day and year aforesaid
John M. Bond, Jr. Register
Commonwealth of Pennsylvania
County of Carbon
Before me John M. Bond, Jr. Esq. Register for Probate of Wills
granting letters of administration in and for said county, came John
L. Kenner, who being duly qualified, says that as one of the
executors of the last will and testament, and codicil thereto of
Mahlon S. Kemmerer, late of Mauch Chunk, Carbon County,
Pennsylvania, deceased, he will and truly administer the goods and
chattels, rights and credits of the said deceased according to the
law and diligently and faithfully regard and will and truly comply
with the provisions of the law relating to collateral inheritance.
John L. Kemmerer
Sworn and subscribed before me this eight day of January A.D. 1926
John M. Bond, Jr.
Register
Commonwealth of Pennsylvania
County of Carbon
Before me John M. Bond, Jr. Esq. Register for Probate of Wills
granting letters of administration in and for said county, came
Gertrude K. Thorne, who being duly qualified, says that as one of
the executors of the last will and testament, and codicil thereto of
Mahlon S. Kemmerer, late of Mauch Chunk, Carbon County,
Pennsylvania, deceased, she will and truly administer the goods and
chattels, rights and credits of the said deceased according to the
law and diligently and faithfully regard and will and truly comply
with the provisions of the law relating to collateral inheritance.
Gertrude K. Thorne
Sworn and subscribed before me this eight day of January A.D. 1926
John M. Bond, Jr.
Register
Commonwealth of Pennsylvania
County of Carbon
Before me John M. Bond, Jr. Esq. Register for Probate of Wills
granting letters of administration in and for said county, came
James H. Allpont, who being duly qualified, says that as one of the
executors of the last will and testament, and codicil thereto of
Mahlon S. Kemmerer, late of Mauch Chunk, Carbon County,
Pennsylvania, deceased, he will and truly administer the goods and
chattels, rights and credits of the said deceased according to the
law and diligently and faithfully regard and will and truly comply
with the provisions of the law relating to collateral inheritance.
James H. Allpont
Sworn and subscribed before me this eight day of January A.D. 1926
John M. Bond, Jr.
Register
Commonwealth of Pennsylvania
County of Carbon
Before me John M. Bond, Jr. Esq. Register for Probate of Wills
granting letters of administration in and for said county, came
Patrick J. Quisby, who being duly qualified, says that as one of the
executors of the last will and testament, and codicil thereto of
Mahlon S. Kemmerer, late of Mauch Chunk, Carbon County,
Pennsylvania, deceased, he will and truly administer the goods and
chattels, rights and credits of the said deceased according to the
law and diligently and faithfully regard and will and truly comply
with the provisions of the law relating to collateral inheritance.
Patrick J. Quisby
Sworn and subscribed before me this eight day of January A.D. 1926
John M. Bond, Jr.
Register
Probate Decree
And now January 8, 1926 James J. McDermot and David Ferguson two of
the subscribing witnesses to the foregoing last will and testament
of Mahlon S. Kemmerer, deceased, dated October 27, 1920 and
Catherine M. Christy and John Garrah two of the subscribing
witnesses to the foregoing codicil to said last will and testament
dated December 3, 1925, having been duly sworn and ??? said last
will and testament and codicil thereto are now admitted to probate
and letters testamentary thereon are granted to the executors
therein named to wit: John L. Kemmerer, Gertrude K. Thorne, James H.
Allpont, and Patrick J. Quisby. ??? of said executors having ???
this bond with the ??? as surety in the ??? being nonresidents of
the commonwealth of Pennsylvania and having been therefore required
to ??? bond in the about stated ???
(3 SIGNATURES ILLEGIBLE)
State of Pennsylvania
County of Carbon
I John M. Bond ??? of wills in and of the county of ??? do hereby
certify that the forgoing is a ??? copy of the last will and
testament Mahlon S. Kemmerer, late of Mauch Chunk, Carbon County,
Pennsylvania, deceased ????????
Witness my hand and seal of ??? Pennsylvania this seventeenth day of
April AD 1926
John M. Bond Jr.
Register of wills ???
I Laird H. Barber President Judge of the ??? district of the State
of Pennsylvania composed of the county of Carbon and President Judge
of the Court of Common Pleas and Orphan's Court of said county do
hereby certify that John M. Bond, Jr. by whom the ??? ???,
certificate and attestations were made and given, and who in his own
proper hand writing thereto subscribed his name and affixed his
seal, was at the time of so doing the duly commissioned and
qualified register of wills in and for said county to all whose acts
as such, full faith and credit are and ought to be given, as well in
courts of Jurisdiction as elsewhere and that the said record,
certificate, and attestation are in due form of law and made by the
proper officer.
Witness my hand this seventeenth day of April AD 1926
Laird H. Barber
President Judge
Commonwealth of Pennsylvania
County of Carbon
I Frank W. Davis Prothonotary of Court of Common Pleas in and for
the county, do hereby certify that the Honorable Laird H. Barber by
whom the forgoing attestation was made, and who has thereto
subscribed his name was at the time of so doing and still is
President Judge of the Court of Common Pleas and of the Orphan's
Court, in and for said county duly commissioned and qualified, to
all of whose acts as such full faith and credit are and ought to be
given as well as in Court of Jurisdiction as elsewhere. In testimony
whereof I have hereto set my hand and affixed the seal of said court
this seventeenth day of April AD 1926.
Frank W. Davis
Prothonotary
Knott County Court
??? 1926
In re probate of will and Codicil of Mahlon S. Kemmerer
I E. Moore, Jr. as attorney for John L. Kenner and other executors
of the will of Mahlon S. Kemmerer, deceased, herewith offer for
probate in the Knott County Court the last will and testament and
the codicil to same of Mahlon S. Kemmerer, deceased, and files with
court the authenticated copy of said last will and testament and
codicil of Mahlon S. Kemmerer, and also an authenticated copy of
probate proceedings of said will and codicil in the County of Carbon
of the Commonwealth of Pennsylvania and it appearing to this court
from the authenticated copy of said will and codicil and the
authenticated copy and certificate of the probate proceedings in
said court that the said Mahlon S. Kemmerer at the time of the
execution of said will was over the age of twenty one years and of
sound mind and it further appearing from said proceedings that said
will and codicil was duly executed by him in the presence of two
subscribing witnesses and that the execution of said will and
codicil and the probated ??? court aforesaid comply with all the
requirements of the ??? of Kentucky for the probating of wills to
???. It is therefore ??? that said authenticated copy of said will
and codicil as probated in Carbon County in the Commonwealth of
Pennsylvania be and is now ordered probated as the last will and
testament of Mahlon S. Kemmerer, deceased and said authenticated
copy of said will and copy of the authenticated copy of the probate
proceedings attached thereto be and have now ??? Knott County Court
Clerks Office by the ??? thereof in the ??? provided by law for such
purposes.
E.M. Moore Judge
State of Kentucky
County of Knott
I John Sturgill Clerk of the Knott County Court, do certify that the
above and forgoing copy of the will of Mahlon S. Kemmerer was on
this day lodged in my office for record and that I have truly
recorded the same together with this and the forgoing certificate in
my said office.
Witness my hand this ??? of Nov 1926
John Sturgill
Transcribed by Debbie Tamborski
22 October 2007
Extra information on Mahlon Kemmerer provided by Jack
Sterling
Mahlon Kemmerer |