St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-05-20

OF such marriage, all property of such
child which has not been sold or de-
vised shall be divided among the sur
viving brothers and sisters Tor their
children, if any, except where property
has heretofore been given in trust for
any children of testator, such trust
shall, as to such children, apply to this
bequeSt.
Sec: 25. That none of the property
inherited from his late wife shall be
used for any of the legacieS, nor con-
sidered as part of testator's estate, but
such Inherited property shall belong ey-
clusively to the five children of his late
wife, Mary A. Kittson, who are the last
five named in section 4, except as other
wise provided in section "a.
Sec. 26. Provides for the disposition
of teStatOr'S stock in the Globe Pub
fishing company.
Sec. 81. Authorizes the executor and
trustee, in either or both capacities, to
sell all his undivided estate and all
property conveyed to said company in
trust, except 100000 in United States
bonds beaueathed for the use of his
daughters, and subject to the condi-
lions as to Midway Park, provided that
the proceeds of the sale of trust prop
erty shall be held in the same trust.
Sec. %. Provides that loans may be
made by the trust company on proper
security.
Sec. 30. Refers to an old investment
in a limited partnership.
Section 80 is as follows: SIN case it
should turn out that there is any of my
estate that has not been disposed of by
the preceding sections of this will,
hereby bequeath and devise the same to
and for the use of my said children,
share and share alike, or their issue, on
the same conditions that they have been
given requests and deviSes of a similar
nature in the foregoing portions of this
will"
A CONTEST GUARDED AGAINST.
The thirty-first section is as follows:
''Being fully convinced that / have in
all the provisions of this, my will,
made just and proper provision for all
of my children and all persons having
any just claim on my estate, l hereby
declare and dilect that in case any of
my children hereinabove named or any
legatee under this, my will, shall COM
mence any suit OF suits in any court of
law or equity, or in any court whatso-
ever, or by any way or means seek to
set aside this, my will. OF sue or dis
turb or cause to be sued or disturbed
my executor herein named, or its sue
ceSsor, or any person to whom anything
is given in this, my will, from the
possessing of anything herein given by
me as aforesaid, then my will is, that
all and every the requests. legacies, de-
viseS and other provisions herein
by me given or made, to or for such per-
son or persons, who shall so sue and dis
turb, or proceed as aforesaid, shall cease
and determine and become utterly void,
and then and thereafter the legacies,
requests and devises and other provi-
sions of this my will, given to or for such
person or persons so suing or disturb
ing Or proceeding, shall be divided
among such of my children above
named as shall not have participated in
such action, or their issue on the basis
hereinbefOre given, in case of the death
or one or more of my children, share
and share alike.
Sec. 32.-RevOkes all former wills.
THE CODICIL.
The first section of the codicil ratifes
the former will, except as revoked or
altered by the codicil.
Section recites that having since the
will disposed of some of the property
specifically devised and bequethed, the
same is to be made good out of his I'M
divided estate to the extent of the con-
Slderatl0n received for such property.
with per cent from the time of its dis
position.
Section 8 provides, that the one-elev-
enth share in his undivided estate given
by the will to each of his five children
by his last wife shall be diminished by
deducting therefrom the value of the
property inherited by such children
from the mother, and devised hereto
fore in the will to such child, such value
to be regulated by the appraisement
thereof heretofore filed in the probate
court of Ramsey county, in the matter
of the estate of Mary A. Kittson.
Section 4 defines more fully what is
meant by the testator'S undivided es-
tate.
The will was drawn by 1. Y. D. Heard.
No reliable estimate of the amount of
the estate can be formed from the will,
nor until an inventory is made out.