LAST WILL AND TESTAMENT
of
W. F. STEWART
|
Will Book 1 Page 51
I W.F. Stewart attorney at law declare this to be my last will and testament revoking any wills by me heretofore made. I bequeath and devise to my sister Elsie W. Leason all my property real and personal wheresoever situated (except what is herein specifically bequeathed) in trust nevertheless for the person and purposes hereinafter named that is to say the whole of the same shall be by her hand in trust for the maintenance and support of my wife Agnes E. Stewart and for this she may use the interest profits and dividends and if necessity should require it may use principal in having my wife comfortably supported with necessary assistance if she keep house or boarding if she desires medical and traveling expenses, carriage hire and general maintenance for her comfort during life and at her death see that a suitable remembrance marks her resting place. The amount of all these things to be (?___?) to be (?governed?) by the good sense and judgement of my trustee. She may also during this life of my wife financially assist my only son Norman Stewart or his family if he marries. She my trustee to be the judge of what he or his family shall receive from time to time if anything both as to times and amounts. For the purpose of carrying out this will my trustee shall have full power and authority which I hereby give to sell real estate and make execute and deliver all necessary articles or deeds of conveyance (?to ?___? up?) the same to the purchaser or purchasers without (?___?) or confirmation of costs. This power to sell real estate is not to (?work a condition?) of the same unless it is actually sold. She may also invest and re-invest money from time to time and try and sell real estate as trustee as fully as I could do and having absolute confidence in her intelligence ability and honesty I direct that she shall not (?___?) personally responsible for (?___?) in judgements or (?___?) instruments but these shall be (?___?) by my estate. She may employ my brother M.L. Leason Esq. or my son Norman Stewart to assist her or any one else that may be necessary or (?expedient?) and what she pays for such assistance shall not be deducted from her commission but shall be paid by my estate nor shall she be required to do any (?___?) for my wife and son than the (?UNREADABLE) Will Book 1 Page 52 articles with the consent of my wife and Trustee. I do not want these last things sold they are my Treasures and I want them kept in the family unless necessity or providence renders it otherwise advisable and as long as my wife keep house everything should remain as it is. It shall not be necessary to make or file any appraisement list and (?vandue?) list and my wife and Trustee shall not be required to give bond or security for any property left in their or either of their possession. For the purpose of carrying out this will I appoint my said sister Elsie W. Leason the executrix of this my last will and testament as well as trustee and what I have given and arranged for my wife shall be in lieu of all dower or other rights under the interstate laws and all real estate shall be held and sold free from any dower or dower rights should my wife take other issue than under this will then in that (?issue?) the trust shall end and the trustee be discharged as though not instituted at all and my whole estate shall (?___?) and be vested as it would be under the interstate laws of Pennsylvania only my brother and sisters of the whole blood and half blood shall shall be considered alike, also (?___?) event my sister Elsie W. Leason although discharged as trustee shall continue to be executrix of this my will and if Elsie W. Leason should refuse to serve or resign or remove to a great distance or in any way cease to be trustee or executrix, she may file in the Orphans Court of the County wherein is the jurisdiction of my estate an appointment of a trustee and of an executor or executrix in her place and in case of her death she may in her will or by codicil thereto appoint a trustee or an executor or executrix of my estate and the person so appointed or by will constituted as trustee or executor or either or both shall be the trustee and executor under this will as fully as if herein (?constituted?) and with same powers including the power to convey real estate. My executor will collect my life insurance and pay off my debts if any as soon as it (?UNREADABLE?) Will Book 1 Page 53 and erect a monument for me the design of which I have drawn. The amount to be expended to be governed by the Judgement of my Trustee and I do not wish any extravagance at the expense of my (?___?). This last item as to a monument is only a request but not an obligatory command but I do direct that there be some kind of a monument erected to mark where I am. In testimony whereof I have hereunto set me hand and seal this (?20th) day of October A.D. 1900. W.F. Stewart (seal) Signed (?___?) published and declared by the said W.F. Stewart as his last will and testament in the presence of us who at his request and in the presence of the testator and each other have signed our names as witnesses (?___?) as a codicil to the above will. I W.F. Stewart the testator direct that if my said Trustee should marry this shall not end the trust and my said trustee shall not be on this account required to give any security for the execution of this trust . Witness my hand and seal this 11th day of January A.D. 1901. W.F. Stewart seal Signed in the presence of us who signed as such at
request of the testator. Jefferson County, S.S. Personally appeared before me Gil C. Reitz Registrar of Wills in and for the aforesaid county M. T. Leason and Norman Stewart who being (?severally?) duly sworn according to law do depose and say, that they and each of them were intimately and personally (?___?) with Annie E. Stewart on of the subscribing witnesses to the forgoing last will and testament of W.F. Stewart (and to the codicil endorsed thereon) late of the Borough of Brookville, that the said Annie E. Stewart is now dead that they and each of them have frequently seen the said Annie E. Stewart write and that they and each of them are perfectly familiar with her hand writing and signature, that the signature of the said Annie E. Stewart to the forgoing will and testament as well as the signature to the codicil endorsed thereon of the said W.F. Stewart deceased is in her own proper hand writing and (?___?) Sworn and subscribed before me [Norman Stewart Gil C. Reitz Will Book 1 Page 54 Jefferson County S.S. Personally appeared before me Gil C. Reitz Registrar of wills in and for said county Elissa C. Leason one of the subscribing witnesses to the forgoing last will and testament and codicil thereto of W.F. Stewart who being during sworn according to law does depose and say that she was personally present and saw the said W.F. Stewart sign his name to said will and to said codicil and heard him publish pronounce and declare the above instrument of writing as and for his last will and testament as well the codicil thereto and at the time of so doing was of sound and disposing mind memory and understanding to the best of her knowledge and belief. Sworn and subscribed before me this Registrar In the matter of the (?___?) will of William F. Stewart deceased On this eighth day of November A.D. 1903 William F. Stewart being in his last sickness in his dwelling situated in the Borough of Brookville Jefferson County Pennsylvania on Church Street in said Borough and having there resided for thirty years prior to said date in the presence of the subscribers did declare his last will and testament and wishes concerning the disposition of his property in the following words (?viz in?) "I wish to change my will so that Norman is to have right away my stock in the Trust Company where he now is" "I want it assigned to him right away" Are you satisfied, Marcus Misonow, you will see that this is done. These declarations were made at 4 a.m. on Sunday, Nov. 8th 1903 in the presence of M.F. Leason and Agnes E. Stewart at the habitation or dwelling of the said William F. Stewart he being in (?extramis?) in his last sickness. At the time the said William F. Stewart (?___?) the forgoing as his will he was of sound and disposing mind memory and understanding and was under no restraint and he at that time bid us who were present to (?___?) Will Book 1 Page 55 Witness that such was his wish desire and will. Reduced to writing by us this 11th day of November 1903. Agnes E. Stewart County of Jefferson Personally appeared before me registrar of wills of said county Misonow F. Leason and Agnes E. Stewart who being during sworn according to law doth depose and say that they were present on the eighth day of November A.D. 1903 at the habitation or dwelling of William F. Stewart situated on Church Street in the Borough of Brookville County and state aforesaid in the time of the last illness of the said William F. Stewart and did then and there hear said William F. Stewart utter what is contained in the above writing. That he did bid them hear witness that it was his last will and at the time of so doing, he was of sound mind memory and understanding and was under no restraint to the best of their knowledge and belief. Further that the said William F. Stewart has resided for thirty year prior to the time of the making his last will at the above residence. Sworn and subscribed before me this Gil C. Reitz M.F. Leason In the matter of the estate of William F. Stewart late of
the Borough of Brookville, Jefferson County, Pennsylvania,
deceased. To Gil C. Reitz Registrar of Wills of Jefferson County We the undersigned, Agnes E. Stewart, widow, and Norman Stewart, son and heir of William F. Stewart deceased being the only persons entitled to participate in the above estate do hereby accept service of (?proves?) why the above (?___?) will of William F. Stewart should not be admitted to probate. Further we do hereby agree and consent to the probate of the same and that we have no desire to contest the same. Agnes E. Stewart Will Book 1 Page 56 In the matter of the estate of William F. Stewart late of the Borough of Brookville, Jefferson County, Pennsylvania deceased. In Orphans Court of Jefferson County, Election of the widow to accept under will of the decedent. I, Agnes E. Stewart, widow of the said William F. Stewart, deceased do hereby (?___?) to accept the devise and bequest to made under the will of the decedent in lieu of my dower for this I do hereby renounce my right to administratrix upon said estate in favor of Elsie W. Leason the executrix named in the will of the said William F. Stewart deceased. Witness my hand this 1st day of December A.D. 1903 Registrar In the matter of the estate of William F. Stewart, Esquire late of the Borough of Brookville, Jefferson County, Pennsylvania deceased No. 79 of 1903 Register Papers Registrar for the Probate of wills in and for the County of Jefferson. I, Agnes E. Stewart, widow of William F. Stewart, hereby signify my (?detes minative?) to take the share of my said husbands estate given to me under the estate laws of the Commonwealth of Pennsylvania. I further hereby signify my (?detes minative?) to decline to accept the provision made for me under the terms of the last will and testament of my said husband which has been duly probated and is recorded in your office in will book no 3 at page 296. I further hereby give notice that I shall at the earliest moment present my petition to the Orphans Court of Jefferson County Pa. asking said court to order and decree that the acceptance hereto signed by me and on file in your office at No. 79 of 1903 purporting to be an acceptance and election to take under said will to be annulled and vacated for the following reasons to that 1. For many years last past I have been Will Book 1 Page 57 an invalid and deprived of the powers of speech. 2. At the time of signing said acceptance or election, I was in great distress of mind and physically weak. 3. At the time of signing said election or acceptance, I was entirely ignorant of the amount and conditions of my husband estate. 4. At the time of said signing, I was in entire ignorance of my legal rights in the (?premises?) and was without legal adviser. 5. After deliberation, I have concluded that it will be best for me to decline to accept under the provisions of said will. Witness, J.W. (G___?) Agnes E. Stewart Filed November 8 1904 at No. 79 of 1903 Register Docket In re estate of W. F. Stewart [In the Registrars office of deceased [Jefferson County Pennsylvania Whereas on December 3, 1903 I filed my election to take under the last will and testament and the (?noncaptive?) will of my husband W.F. Stewart deceased filed and recorded in the (?___?) office in and for said County of Jefferson and whereas upon November 8 1904 I filed in said Registrars office my election refusing to take under the last will and testament and (?noncaptive?) will for reasons therein set forth and whereas I have reconsidered my last election and feel it to be unwise to have my first election set aside and am convinced that it will be much better for me to accept to take under the provisions of the said will and testament and (?noncaptive?) will. I hereby ratify and confirm my first election and hereby withdraw my last election and all reasons therefor. In witness whereof I hereunto set my hand and seal this 8
day of November 1904 Gil C. Reitz Personally appeared before me Gil C. Reitz Registrar in and for said county Elsie W. Leason who being duly sworn according to law deposes and says that W.F. Stewart late of Brookville Borough died on Monday the 9th day of November A.D. 1903 about (?2?) o'clock p.m. to the best of her knowledge and belief. Elsie W. Leason Sworn and subscribed before me this 11" day of November
A.D. 1904 Will Book 1 Page 58 State of Pennsylvania Before me Gil C. Reitz Registrar for the Probate of Wills and granting letters of Administration in and for said county came Elsie W. Leason exe. who being duly qualified say that as executrix of W.F. Stewart late of Brookville Borough deceased you will will and truly administer the goods and (?chatt__?) rights and (?___?) of the said deceased according to law and diligently and faithfully regard and will and truly comply with the provisions of the law relating to collateral inheritance. Elsie W. Leason Gil C. Reitz Registrar I Joseph B. Means Registrar for the Probate of wills and granting letters of administration in and for the county of Jefferson do hereby certify that the above and forgoing is a true, correct, and entire copy of the last will and testament of W.F. Stewart, deceased, and codicil thereto the nuncupative will of said W.F. Stewart deceased with acceptance thereto this acceptance of widow to take under the will the declaration of widow to take under the interstate laws (?___?) with (?___?) of declaration of widow to take under the interstate laws, the probate of the above will and codicil the Proof of death and the oath of Elsie W. Leason executrix so full and entire as the same remains of record or on file in said office. In witness whereof I have hereto set my hand and affixed the seal of said office at Brookville, Pa this 22" day of August A.D. 1907. Joseph B. Means State of Pennsylvania I John W. Reed President of Judges of the court of common pleas of Jefferson County, Pennsylvania do certify that Joseph B. Means by whom the forgoing (?UNREADABLE?) Will Book 1 Page 59 attestation were made and given and who in his own proper hand writing has thereunto subscribed his name and affixed the seal of his office was at the time of so doing and is now registrar of wills in and for the said county duly commissioned and qualified to all whose acts as such full faith and credit are and ought to be given as well in courts of jurisdiction as elsewhere that the will of W.F. Stewart in said certificate mentioned appears to have been duly proven as set forth and that the said read certificate and attestation are in due form and made by the proper offices. In testimony whereof I have hereto set my hand this 22
day of August 1907. State of Pennsylvania I, Cyrus H. Blood, Prothonotary of the court of common pleas for the county of Jefferson in the state aforesaid do hereby certify that John W. Reed by whom the forgoing attestation was made and who has thereto subscribed his name was at the time of making thereof and still is President Judge of the court of common pleas of the county aforesaid duly commissioned and qualified to all whose acts as such full faith and credit are and ought to be given as well in courts of jurisdiction as elsewhere. In testimony whereof I have hereto set my hand and affixed the seal of said court this 22 day of August 1907. Cyrus H. Blood Knott County Court In the matter of the probate of the last will and testament of W. F. Stewart Came today Agnes E. Stewart and Norman Stewart and by the attorneys produced in open court for probate and filed the forgoing authenticated copy of the last will and testament and codicil thereto and certificate of probate of said will of W.F. Stewart Will Book 1 Page 60 deceased of the state of Pennsylvania and it appearing to the satisfaction of the court that the said W.F. Stewart died in the State of Pennsylvania and that his said last will and testament and codicil thereto were filed for probate and probated and proved in the state of Pennsylvania and that the said will of the said W.F. Stewart deceased was so executed as to be a valid will of lands in this Commonwealth is so ordered and adjudged by the court that the said writing be and the same is hereby admitted to probate and ordered to be recorded as the true last will and testament of the said W.F. Stewart, deceased. This, the 19th day of July 1909 W.A. Combs Attest Knott County Court In the matter of the Probate of the last will and testament of W. F. Stewart Came today Agnes E. Stewart and Norman Stewart and by their attorneys produced in open court for probate and filed an authenticated copy of the last will and testament and codicil thereto and certificate of probate of said will of W. F. Stewart, deceased, of the State of Pennsylvania and moved that the same be probated as a valid will of lands owned by the said W.F. Stewart at the time of his death situated in the state of Kentucky and in Knott County and entered on record as such and it appearing to the satisfaction of the Court from such copy and proof heretofore taken according to statutes in and cases made and provided that the said W.F. Stewart died in the state of Pennsylvania and that his said last will and testament and codicil thereto were filed for probate and approved in the state of Pennsylvania and that the said will of the said W.F Stewart, deceased, was so executed as to be a valid will of lands of the Commonwealth. It is executed and adjudged by the court that (?UNREADABLE?) Will Book 1 Page 61 is a good and valid will of land in this Commonwealth and the will is now ordered to be recorded is the true last will and testament of the said W.F. Stewart, deceased. State of Kentucky I, R.H. Amburgey, Clerk of the County Court of this County and State aforesaid do certify that this day the last will and testament of W.F. Stewart was this day produced to me in my office and lodged for record and that I have truly recorded it, together with the order of Probate in my said office. Given under my hand as Clerk of said Court, this Jan. 17"
day, 1910. KNOTT COUNTY WILL BOOK 1 PGS-51-61 |