Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-03-25
THE Late GEO. CULVER.
His Will Filed In the Probate COurt-Full
Text of the Document

THE LITE GEO. CULYER.
His Will Filed In the Probate Court--Full
Text of the Document.
The last will and testament Of the late
George Culver was filed in the probate court,
Judge O'Gorman presiding, yesterday fore
noon. The document is model of clearness
and brevity, inasmuch as the entire estate is
devised to three PERSONS, viz. Mrs. Marga-
ret E. Culver, Mary E. Rugg and Charles N.
Nielsen, trustee of George Ned Culver, while
the bequeathments are made without specifi-
cations. The subjoined is the full text of
the will
I, George Culver, of st. Paul, Minnesota, be-
ing of sound mind and memory, do hereby
make and publish this my last will and tesla.
ment, as follows, to-wit:
p First hereby revoke and make void all
former wills and codicals thereto by me at any
time heretofore made, and all trusts of any
kind heretofore created by me, in regard to my
property or any part thereof.
Second AFTER the payment of all my just
debts and funeral expenses, hereby give. de-
wise and bequeath all of my property, of all
and every Kind, real, personal and mixed,
wheresoever the same may be situate, unto my
wife, Margaret E.. Culver, Mary E. Rugg
N. Nelson, of Saltwater, Minnesota
as trustee of my son George Ned Culver, in
equal shares, viz: One-third part thereof to the
said Mary G. Rugg, above named, one-third
part thereof to my said wife, and one-third
part thereof to said Charles N. Nelson, as trus-
however. to the provisions and conditions here
matter contained and set forth,
as trustee of my son, George Ned Culver, in
equal shares, viz: One-third part thereof to
my said wife, and one-third part thereof to the
said Mary E. Rugg and one-third part
thereof to said Charles N. Nelson as
trustee of my said son, George Ned Culver,
subject, however, to the provisions and condi-
tions hereinafter contained and set forth.
Third do hereby empower Charles N. Nell
son, trustee as aforesaid, to enter into and take
possession upon my decease, in! case my said
son. sGeorge;Ned Culver, shall survive me, of the
said one-third part Of my said estate, so de-
into money, if in his opinion it is advisable SO
to do, and to invest the same in bonds and
mortgages, or other securities, and to change
such Investments from time to time, as in his
opinion he may think best for the interest of
such fund; but said trustee may manage said
portion of my estate in such manner as in his
opinion shall be best calculated for the protec-
ton thereof.
I do further direct that said Charles N. Mel
son, trustee Of my said son, George Ned Gull
yer, as aforesaid, shall pay to said George Ned
Culver during the term of his natural lite in
case he shall survive me, annually and at such
times and in such funds as he shall deem best,
the annual income he may derive as such
trustee from the said part Of my said estate SO
devised to him in trust. And do further d-
rect that the portion of my said estate so de-
vised to said Charles N. Nelson in trust, and
the income thereof, shall not at any time be
subject. vile in the hands or UNI
to the claim Of any creditor of my said son,
George Ned Culver, but said income derived
from said portion of my estate shall be held by
said trustee and paid out by him, solely for the
support and maintenance Of my said son and
his family, in case he should marry during tn
existence of said trust, aud shall not, nor any
part thereof, while in the hands Of
manner for the debts of my said
son, now in existence or hereafter incurred by
him Provided, however, that in at any
future period circumstances should exist which
in the opinion Of SAID trustee shall Justify or
render expedient, the placing at the disposal of
said real and personal estate, or the funds
derived therefrom SO devised to
him in trust for my said son.
Then it shall be lawful for said trustees in his
discretion, but without it's being in any man
neT obligatory upon him, to transfer absolutely
W my SdAeA oOI 4OA USE. btlc Wilde Or
any portion of my said estate, or the funds de-
rived therefrom devised as aforesaid to said
trustee, and Immediately upon that transfer
being made the trust hereinbefore declared
eoneerning that portien of my said estate OF the
termine.
And do further direct and declare that said
Charles N. Nelson, as such trustee, shall not be
ansWerable or accountable for the loss Of such
trust fund, or any part thereof, which he may
have deposited for safe custody otherwise
with any bank, banker, or other company or
corporation, nor for the insuficiency Of
any securities in which . he may
have invested such trust funds, or any part
thereof, or for any other matter or thing in or
about the execution Of said trust fund, in re-
spect to any loss thereby, unless the same is
caused by his wilfull neglect.
Upon the decease of my said son, prior to the
death Of my said wife and daughter, I direct
as aforesaid, to said Charles N. Nelson, in trust,
shall be divided between my said wife and
Marry E. Rugg, or the survivor of them or
their issue, in equal proportions.
And l further direct and declare that neither
or my executors, hereinafter named and APP
by the other in connection with my said estate.
nor for any moneys received by the other be-
longing to my said estate, but each shall be
answerable and accountable only for such mon
eys as he or she shall have actually received,
each being responsible for his own acts and do
ings only: And lastly, I do hereby nominate
and appoint my wife, Margaret E. Culver, and
George L. Otis, or the survivor Of them, sole
executors of this my last will and testament;
and l do further direct that neither of
my said executors shall be required
to give any bonds for the performance of their
duties as executors of this will.
In witness whereof have hereunto set nv
hand and seal, this 10th day of March, 1879
GEORGE CULVER.
Signed and sealed by the above named George
Culver as and Tor his last will and testament, in
the presence IF us present at the time, who, at
bis request and in his presence, and in the
presence of each other, have hereunto sub
scrlbed our names as attesting witnesses there
to. (Signed,) Charles A. Morton, Charles E.
Smith. and R. B. Galusha, all of st. Paul.
THE COURTS.
United States Circuit Court.
Before Judge Nelson.