The Portland daily press., 1876-10-24
AN INTERESTING DOCUMENT.
The Last Will aud Testament of Hon. II.
q. j. smith.


10 all persons to whom these presents aho
come.
Be it known, That 1, Francis O. J. Smith
Deering, in the county of Cumberland, Stat
Name. being of sound disposipg mind ant
substantial bodily health, do make and declare
thls instrument to be my last will and tests
| lhent, relating to my earthly interests.
| AS to my spiritual interests, have no wi
| other than what may be the will OF God. whal
ever that may be and which is wholly uu
| known to and wholly unanticipated by me, ant
about which [ feel no concern whatever-m.
soul reposing in perfect quietude under tn
influence of the sentiment which L caused t
| be engraved upon my tomb door in 1862 an
| Tor many years previously entertained by M
| IN these words: believe in God, and fea
| not to leave wholly to Him the Great Future
His plans for Heaven as for earth must al
| be wise benevolent and immutabe."
Item L. / will and direct that on my decease
whenever and wherever that may occur, m,
| bodily remains may be brought to Fores
| Home, if 1 should die elsewhere to remain
reasonable time for the inspection of friends
| and then without any public funeral but will
| such private obsequies as will answer TO tn
Judgment of my surviving household and nea
relatives who may be present, be taken quietl,
In charge of male attendants, only, to my toni
in rear of the INDECENT Mothers Home, anc
there deposited in the stone easement on th
right of that which contains the remains of m,
father and mother, whose remains / shall
cherish until death, with the profoundest rever
ence and gratitude for their uniform goodness
toward myself and as soon thereafter as ma,
be, will and direct that the front of said case
ment be Dramatically sealed with marble slab
which L intend having cut for the purpose o
having inscribed upon it my name, date ant
place OF my birth aud date and place of MI
decease.
Item II. AS scon as may be, after the pro
N II mt Hinfy 10 l,u7 r
and direct my executors, hereinafter named, tC
proceed to an early adjustment of my estate
paying as early as practicable every honest deb
from me which they, on investigation, shall be
satisfied is outstanding and in the like prompt
iitude resist regardless of expense, every dis
honest claim that shall be presented. They
will find in my method of indexing, my paid
Dills on file during many years past great
assistance in the performance of the above
requirements. Il has in my life time saved me
from the duplicated payment of many claims
presented. Some presented with none but hon.
est intentions, and some with none but dis
honest designs The dead are oftener wronged
than the living, and in the executions of this
and subsequent items, hereinafter contained, 1
Will and direct, and hereby empower my said
executors to take into their Immediate charge,
possession and care, all of my personal estate
and effects, and all my real estate, wheresoever
situated, making correct inventory therefor,
and Place the same ON file in the Probate Office
and adding thereto, from time to time as new
discoveries may be made.
Item LII. After the payment or needful pro-
vision for the payment of every honest debt or
as soon as convenient, I will and direct my said
executors to pay from the income and sales of
my real and personal estates hereafter directed
to be sold, an equal and like percentage as the
same shall become due on each bequest herein
after named, and the payment of which is not
specially limited, and from time to time as
funds for the purpose shall come to their pos
session. and until each bequest shall have been
fully paid on the resources of my estates shall
have been disposed of and exhausted away my
devises in pro rata payments.
Item ~. give and bequeath to my said
executors in trust and for the benefit of nv
three children, Francis B. Smith, my eldest
sou, Nellie O.. Tarbox, wife of Andrew " Tar
box, and my oldest daughter and Adeline Har.
riet Smith, my youngest daughter, in equal
proportion to each or to the heirs of their re-
spectiye bodies if any, by representation, in
case of the death of either said children before
my disease or before said respective legacies
shall be paid, the sum of 100000, or $40, 900 to
each, payable in instalments of $4,000 to each
at the end OF each successive year from my de-
cease, provided real estate sufficient therefor
can be simultaneously and reasonably sold, or
as soon thereafter as the same can be sold
out of my estate, or said payments may be
made in whole or in part out of the proceeds of
my personal estate if the same will conven-
lently admit of such payments, and in tease of
the death of either of my said children having
issue of his or her body lives, and while said
requests to him or her or any part thereof re-
mains unpaid, / will and bequeath all such uu-
paid and remaining part to be paid to such is
sue, and in equal and like parts if more than
one by representation; and if no issue shall be
so living will and direct such unpaid part to
my remaining children and to the issue OF any
deceased child by representation in equal pro-
nj 70 hd1.lI .,,1s
children and issue of their bodies shall have
died while any remalng portions of such be-
quests are unpaid 1 then direct that all such
portions shall revert to my estate as Iapsed
legacy.
Item V. L give and bsqueath to my said
executors in trust for the use and benefit of nv
son Hamilton B. Smith, who is the most DISC
Dedlent and disrespectful towards myself and
towards his mother of all my children, aud the
most destitute of them all, of ambition for even
4 common education, though less blamahle for
these faults because largely influenced by the
indulgent indiscretions of his mother, the sum
of $4,000 payable when he shall arrive at 81
years of age, provided he shall then or at any
time thereafter on his petition to the judge of
Probate of Cumberland county, with notice to
my executors, to be adjudged by said Judge of
Probate, of steady habits and good reputation
for sobriety and industry, and devise my said
executors during the minority of said Hamil-
ton and until said adjudication shall be made
by said judge to keep said fund invested in re-
liable national or State of Maine bonds, and to
pay from the income thereof, at proper time,
and up to the amount if they deem it expedi-
emit, of said income, all reasonable bills for the
support in board, clothing and education and
reasonable indulgences of said Hamilton
which his guardian may present before be
shall arrive at the age of 81 years, or that shall
be afterwards presented by said Hamilton,
having regard in the latter case to the proper
-nn md 1for of Ia 20, ,Ir oh
have any by marriage, and according to the
discretion of my said executors, and under
their periodical accountability to said Judge of
Probate, and in case said Hamilton shall de-
cease before said requests shall have been fully
paid, L then will and direct that the same and
any unexpected income thereof which may re-
main be paid pro rata and per capita to the
heirs of his body who shall be living at the
time of his decease, inclusive of heirs by lepre-
sentations, if any such then exist, any income
Of said sum which shall remain at any time
unexpended or not needed for the purposes
aforesaid, L direct my executors to add to and
to make part of said bequest, and if said Ham
ton shall have no heir of his body. or by ,ineal
representation at the time of his decease, and
any portion of said legacy or income thereof
shall remain unpaid, L will and direct that the
same be held and disposed of by my executors
as lapsed legacy and resduum of my estate.
Item vi. To my wife Ellen E. o. Smith,
give and bequeath precisely all the rights
and interests in my real and personal estates
which the laws of the state of Maine will ac-
cord to her in case OF my having died intestate.
She has had many, many thousand dollars Law
shed upon her from my property since our
marriage, freely and literally bestowed accord
ng to my afluence. Daring my latter anditem-
)Orary inability to continue the same scale of
avishments she has exacted and compelled
payment by me from the proceeds of nearly
very sale OF real estate / have made requiring
Ter signature, an advance satisfaction of her
contingent right of dover therein. Her dow
able interest therein beside the farm in Cor
nam, which have given her, which will prob
ably remain in my estate at my decease, will
De abundantly large for her reasonable sup
port, and | make no special bequest to her out
Of my estates.
Item VII. give and bequeath to my said
executors in trust and for the benefit of Harry
Percy De Forest, male child adopted into nv
family at Forest Home in November, 1873, and
whose birth L have learned was on the 10Th of
July, 1873, tho sum of 10000 aud the income
payable on his arriving at the age of q years,
my said executors being empowered to appro-
pirate so much of the income of said gum as
may be necessary aud judicious from time to
time to expend for the support, board, clothing,
complete education and reasonable iudalgen-
ces of said Harry until he shall arrive at said
age. And in case of his decease before arriv-
ing at said age, or before said legacy as in
come shall have been SO paid, will and direct
expended income shall be retained, Treated and
disposed of as lapsed legacy and unappro pri-
ated resduum of my estate.
Item Will Il give and bequeath in token of
nv continued affection and good will to Mar
Ina Snaudinp wife of Grin SDauldiup in her