LAST WILL AND TESTAMENT
of
G. C. SMITH
|
Will Book 1 Pages 199, 200, 201, 202 Page 199 I, G. C. Smith of Hindman, Kentucky being of full age and sound mind and memory do make, publish and declare this to be my last will and testament, hereby revoking all wills hereto fore 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 confidence in my son J. Bryan Smith and bearing 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 L. Smith, Afton Smith, Greta Cornett, Hillard Smith, Ruth Smith and Glena 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 inventory be made or taken of the estate, and a 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 possible 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 law of Kentucky, and a childs part in the personal property and a childs part also in all real estate. 6th It is my will and desire that no division of the estate be made until the youngest heir or child attains to the age of twenty one years. 7th In case any moneys or other things of value being items 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 share in the estate or _______ onto the same as any other heir. 8th I give devise and bequeath to my beloved sister Martha Smith Kayser the sum two hundred dollars $200.00 to be paid in cash as soon after my decease as the funds are available in case she is a ______ at time of my death, other wise this clause is to be null and void. I further direct that if any one of my heirs or my wife contest any part or portion this will their rights to any of the estate be forfeited to the other heirs. Page 200 9. I request if J. Bryan Smith executor should die or become in capacitated 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 and 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 its 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 claim 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 deals, execute leases or transfer any timber or real estate with out resorting to the courts for such power or authority just the same as if it was his own property. 13th If an heir owes more on a division of the estate than his interest or shares he or she shall execute good sage notes to executor same as any other debtor. This January 22nd 1930 Columbus, O. G. C. Smith
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 witnesses 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. Denune Joseph A. Kayser 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. Amount collectable 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 3.00. W. R. Smith 250. Ray 400. 1,750. $1,280.77 Afton 1,280.77 less $300. 980.77 May 1,280.77 less $500. 780.77 Tom 1,280.77 less $300. 980.77 W.R.S. 1,280.77 less $250. 1,030.77 Ray 1,280.77 less $400. __880.77 $4, 653.85 Ford. Accts. due those that owed various sums $4, 653.85 8 heirs that dont owe @ $1280.77 $10,246.16 $14,899.91 or 14,900 Real worth of estate Page 202 State of Ohio In the matter of the probate of the last will and testament of G.C. Smith Deceased. The undersigned, Joseph A. Kayser and Sarah F. Denune, being first duly sworn, depose and say 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 the 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 witnesses in his presence and in the presence of each other, and they then declared it to be his last will and testament. Joseph A. Kayser Sarah F. Denune I, E. E. Denune, a Notary Public in and for said Franklin County, Ohio declare that the above named Joseph A. Kayser and Sarah F. Denune 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 1930 and were duly sworn, said that they were true to the best of their knowledge and belief. E. E. Denune Notary Public Franklin County My Comm. Expires Oct. 21, 1933 State of Kentucky Knott County 155 I Hattie Pigman Clerk of the County Court do certify that the will of G. C. Smith was this 26th day of June filed for probate 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 26th day of June 1930. Hattie Pigman Clk. By Arthur Pigman D.C. Transcribed by John Freddie Wilson December 2008 |