LAST WILL AND TESTAMENT
of
G. C. SMITH
Transcribed by Jennifer Parsons
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page199 I G.C. Smith of Hindman, Kentucky being of full age and of sound mind an memory do make, publish and declare this to be my last will and testament, hereby revoking all wills hertofore made. Item 1 I direct that all my just debts and funeral expenses be paid out of my estate as soon as practicable after the time of my decease. Item 2 Reposing all my confidence in my son J. Bryan Smith and knowing that the welfare of my wife and children can be safely entrusted to him. I give devise and bequeath all my estate, real personal and mixed whatsoever situated in trust to my said son J. Bryan Smith for the use of my wife and my children to wit: Gladys Owens, Mable Kelly, J. Bryan Smith, B.T. Smith, W. R. Smith, Virginia May Smith, Ray T. Smith, Afton Smith, Gretta Cornett, Hillard Smith, Ruth Smith and Glenna Smith and Mary Belle Smith forever. Item 3 I make nominate and appoint my said son J. Bryan Smith to be the executor of this my last will and testament and I request that no bond be required of him and that an iventory be made or taken of the estate, and I further request that J. Bryan Smith executor, W. R. Smith and John Sturgill make or take the inventory as soon as convenient after my decease. Item 4 I request my said son J. Bryan Smith executor to use his best judgement in selling any of said property and at any time and that he do so when in his opinion it is best for the maintenance of my wife and maintenance and education of my children or to reinvest it if he thinks best. To sell at any time he thinks he is making good deals. Item 5 I will and bequeath to my wife the dower interest in the real estate as fixed by the laws of Kentucky, and a child's part in the personal property and a child's part also in all real estate. 6th It is my will and desire that no division of the estate be made until the youngest heirs or child attains to the age of twenty one years. 7th In case any moneys or other things of value have been loaned or advanced to any of the heirs and is still owing at a division of the estate, said amounts owed are to be considered as a payment on their shares in the estate or considered as a debt same as any other debt. 8th I give devise and bequeath to my beloved sister Martha Smith Keyser the sum two hundred dollars $200.00 to be paid in cash as soon after my death page 200 as the funds are available in case she is _____ at time of my death otherwise this clause is to be null and void. I furter direct that if any one of my children or my wife contest any part or portion of this will that the rights to any of the estate be forfeited to the other heirs. 9. I request if J. Bryan Smith executor, should die or become incapacitated to act as such executor, that my son W.R. Smith assume the duties as executor and _____ in case W.R. should die or could not act. 10. If any money is or has been advanced out of my funds, or funds of the estate to any heirs for expenses in school, college or for any purpose after he or she shall have attained to the age of twenty one years that a just or accurate account be kept of such amounts and be considered as payments on his or her share at a division of estate. When a child reaches it's majority the parent has no legal authority over it, and it stands as a free and independent individual and is supposed to make his or her own way and has no claims on its parents for support. Instead of being considered as a payment on said heirs part it should be considered as a debt due the estate. 11. I spent at least $800- or $900- on Virginia May to attend school after she was 21 years old and she taught some and could have paid a portion of it back but did not. and it is my will and desire that $400- of said amounts be considered due the estate from her. 12. It is my desire that J. Bryan Smith executor be and he is empowered to make deeds, execute leases, or transfer any timber or real estate without resorting to the Courts for such power or authority just the same as if it was his own property. 13" If an heir owes more on a division of the estate than his interest or shares he or she shall execute good safe notes to executor same as any other debtor.
This January 22" 1930 Signed, sealed and acknowledged by said G. C. Smith to be his last will and testament before us and in our presence and by us signed and witnessed at his requested in his presence and in the presence of each other at Columbus, O. this 22 day of Jan 1930. Witness Sarah F. D_____ Joseph A. Keyser page 201 I give to my wife my watch. Example where some heirs owe the estate. In a division of the estate take inventory: Says Real estate may be appraised at 8,000. Notes other than members of family 3,000. Accounts collectible 100. Cash or in Bank 3,800. Total owing by heirs 1,750. ______ Grand Total 13 heirs/16650 \ $1,280.77 Afton owes $300. May 500. Tom Kelly 300. W.R. Smith 250. Ray 400. _________ 1,750. $1,280.77 Afton $1,280.77 less $300. 980.77 May 1,280.77 " 500. 780.77 Tom 1,280.77 " 300. 980.77 W.R.S. 1,280.77 " 250. 1,030.77 Ray 1,280.77 " 400. 880.77 ____________ $4,653.85 Ford. accts. due those that owed various sums $4,653.85 8 heirs that don't owe @ $1,280.77 $10,246.16 ______________ $14,899.91 or 14,900 Real worth of estate to be divided on whatever appraised at. State of Ohio In the matter of the probate of the last will and testament of G.C. Smith, deceased. The undersigned, Joseph A. Keyser and Sarah F. D_____, being first duly sworn, depose and say that they were well acquainted with G.C. Smith, deceased and that they both were present when he executed his last will and testament, that they believe that he was of sound and deposing mind at that time that he wrote made and declared the same to be his last will and testament, that he signed said will in their presence and then at his request they subscribed their names thereto as witness in his presence and in the presence of each other and he then page 202 declared it to be his last will and testament. Joseph A. Keyser Sarah F. D_____ I, E.E. D_____, a notary public in and for said Franklin County, Ohio do certify that the above named Joseph A. Keyser and Sarah F. D_____ signed the foregoing statement of fact in the matter of probate of last will and testament of G.C. Smith, deceased in my presence at Columbus, Ohio the 27th day of May A.D. 1930 and were duly sworn said that they were true to the best of their knowledge and belief. E.E. D_____ Notary Public Franklin County My comm. expires Oct. 21, 1933 State of Kentucky Knott County I, Hattie Pigman clerk of the County Court do certify that the will of G.C. Smith was on the __ day of June filed for probabe in my office and for record and that I have duly recorded the said will and order of probate together with this certificate in my said office. Witness my hand this 26" day of June 1930. Hattie Pigman Clk Arthur Pigman ___ |