The Portland daily press., 1876-10-24

Drotners. give and bequeath to each respect.
Vely II living at the time of my DEATH the sum
OF SooOO, total of $4,000, payable in three sue
cesslve annual installments. If either of said
iegatees Shall die before tho payment of said
legacy to him in full, will and direct that the
unpaid portion thereon shall be retained and
disposed OF by my executor as lapsed legacy
to my estate and become residium thereof
Item Al; give snd bequeath to Mrs Emma
=. X. Todd, M. d. now residing in Springfield,
MASS II living at the time of my decease, the
sum OF $4,000, and a like sum to Mrs. A. M.
Nelson, now a resident of Boston, Mass, if liv-
ing at the time of my decease. Each has been
klnd and asefnl to me In years OF my past life,
and would not have them forgotten by me in
death. Said requests direct to be paid them
III tnree successive annual instalments after
my decease, and if either or both shall die be-
fore the. same shall be paid, direct that so
much OF each installment as shall then remain
imp Id be retained and disposed of bv nv ex.
ecutor as lapsed legaces and constitute iesid-
| uum.
Item XII. l give aud hequea.h to the lawn
OF Deering; to be held in trust forever by said
town, or its successors in municipal authority.
over the territory now constituting said town
the sum OF So, 900 for the uses and purposes
hereinafter mentioned, and upon the following
terms: That is to say: ~ That said town
| shall, within six months after nv executors
shall notify the Selectmen of said town of the
provisions OF this legacy, accept by legal tow n
vote; the said sum in trust forever, and will
guaranty the integrity and safety OF said sum
herein expressed, and an income on the same,
and its increase from time to time, if any, or
| not less than six per cent. per annum, payable
! In Semi-annual iDstallments into the treasury
of said town, or of its successors in power over
said town in territory. ~ That said funds,
| when SO accepted, shall be designated and
known in the accounts of said town, or of said
successors, ST. o. j. Smith Deering Fund.-"
and the same shall be paid by my executors to
the Treasurer of said town, on the order of said
Selectmen, for the time being, in four equal
| annual payments from the date of my decease
| ~ That the Selectmen of said town, or their
| successors in power over the territory now COM
| prising said town, shall within ten days after
the first installIhent Of $1,000 of said bequest,
shall have been paid to the town Treasurer,
| appoint Board of Commissions, residents of
said territory, consisting of four male citizens
| and two female citizens who shall be wives of
citizens who are not members of said Com mis-
| sion, or widows of deceased residents of said
town, and their service shall be for the term of
three years next succeeding their respective
appointments, unless sooner dying, resIgning
or removing from said town. That each vacan-
cy in said commission that shall thereafter oc-
cur from any cause, shall be promptly filed in
like manner, by appointment by the Selectmen
OF said town, or their successors in power of a
person of the same kind as filled it when such
vacancy occurred, and resident of said town,
and each man appointed shall be for the full
term of three years. az That by and through
said Commission as Board and upon their
order thereof, said Selectmen, as their afore-
said successors, by their order upon the Treas
urer of said town, shall receive, appropriate
and expend, if needful, in each year, the annu-
al income of said requests so paid to the town
and for the following purposes, viz:
LIST. SO much thereof if any, as shall be need
full for the protection at all times hereafter and
suitable repairs of the tomb and its area of
ground erected by me and described in Item I.
of this instrument
End. All the remainder of said income, if
needed in the purchase and gratuitous dIstribu-
ton among such poor and INDECENT families or
individuals, each residing within the limits of
said territory under whatever municipal juris-
dictIon it may be as practical benevolence,
may dictate regardless OF sex, age nationality,
religion, politics and color, of wood, coal and
other fuelj said purchases to be made at the
discretion of said commission, and such distr-
button to be made only in the fall and winter
months OF each year and in such kind and
quantities to each such family or individual as
said commissioners shall determine to be petite
and proportionate to the needs of the whole
number of persons to be relieved And the
selectmen OF said town or their successors in
power shall annually require of said Commits
sioners and it shall be the duty of said Commits
sioners to make annually TO the Treasurer of
said town or his successor faithful report in
writing of their accounts, purchases and distri-
buttons of fuel during the preceding year, nam
ing each recipient thereof and the kind and
quantity of fuel supplied to each, for the pur
pose of having such accounts properly and
carefully audited and adjusted, and the same,
with the doipgs Of The Selectmen and Treasur-
er thereon, should be open to the inspection of
all residents within said town. And such ac-
count shall be rendered on or before the first
Monday in March of each year. And in case
such annual expenditures shall fall short in
any year of the income of sail trust fund Tor
such year the surplus remaining shall be added
and made thenceforth part of said trust fund
and the guaranty of safety by the town shall
attach thereto as to the original fund.
9th. That in case said town or its successor
shall neglect or refuse to accept said legacy in
trust upon the terms and conditions hereinafter
specified or should neglect or refuse after ac-
cepting the same to fulfil conditions of trust for
thu period of one year. then said fund shall be
and become treated and recovered by my exec
utors as a lapsed legacy belonging to nav estate,
reserviDg therefrom in such form as executors
shall desire, sufficiency to ensure the perpet-
uai protection of my said tomb and appurte-
naDt grounds as is heretofore contemplated
Item XIII. Lest should be guilty of neg
lect and injustice to one who may be of my
''own kith aud kin" being so reported, give
and bequeatb the sum oil $4,000 to my said exc
cutors in trust for the sole use and benefit of
child who from his infancy has been more or
less in charge OF Miss Louisa Milliken now Of
Portland, who gave said child the name he
now bears of Herbert Ames. And will and
direct my said executors to invest said sum to
the best advantage in the state of Maine or
Portland city bonds bearing not less than six
per cent. per annum, payable half quarterly
until said Herbert shall arrive to the age of q
years, and in the meantime to pay the income
of said investment to the guardian of said Her
bert for his support and education. But in
case Of his death before arriving at said age L
will and direct that said sum and any income
thereof which was remaining unpaid at his
death shall be retained and treated by said
executors as lapsed legacy and part of my es-
tate excepting his funeral expenses.
formly kind and abiding friend Hon. Ezra
Carter OF Portland, in testimony of my person
al esteem as man ''ever faithful found among
the faithess," in all the relations of life, and
if living at the time of my decease to be paid
by nv executors as soon as may be the sum of
$1,000 and for his sole and exclusive use and
disposition, not to be appropriated by any pro-
cess of law in payment of any liabilities or in
debtedness if any may exist at the time, by my
said executors, and only to said Carter in per-
son.
Item XIV. My three sisters still surviving,
Adeline A. Monroe of Medford, Massachusetts, |
and Harriet M.iSadler and Olivia E. S. Frink,
both OF the city of Portland, being each and
respectively already possessed as l suppose of
a competency of property for their comfortable
support through life, neither having offspring,
renders it unnecessary for me to make other
bequest, except contipgently as hereinafter
named, beyond that OF bequeathipg to each
and to the now surviving husband, namely,
right of pterment in my heretofore mentioned
tomb, wherein the remains of the husband of
the said Harriet, viz the late Rev. Levi Lin
coin Sadler, and of the husband of said Olivia,
the late DR.. John NJ Frink, both of whom L
remember with deep fraternal feeling now
repose. Provided, however, and L will and
direct that in the event that each or either of
my said sisters, from misfortune, fill health or
otherwise, shall at any time after my decease
need pecuniary assistance out of my estate,
my said executors on request therefore by
said sisters, are hereby and shall be fully en-
powered to apply any proceeds of my estate
available tor the purpose IN their possession,
quarter-yearly, and pay to each such sister SO
necessitated, for her comfortable support, the
sum of 500 or $500 annually for and during
her natural life, or during the continuance Of
such necessity.
Item XVI. L give and bequeath to the
Cumberland Law Library Association" to
the members of which generally, through one
half century of the years last past owe many
grateful remembrances for their personal kind
nesses and respectful courtesies, the portrait of
Andrew Jackson and the portrait of Martin
Van Buren,, formerly Presidents of the United
States, and during the three terms 1 serveds in
Congress of the United States as member of
the House of Representatives. The former is
an original, painted for me in 1886 by Colonel
Earle, loved nephew of President Jackson,
and residing at the time in the Presidents