Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-01-13
OFFERED FOR PROBATE.
THE LAST WILL AND TESTAMENT OF THE
LATE NJ. REILLY.
The Document Ties Up the Estate Until the Death
of His Last Grandchild-Ths Pre-Nuptal
Contract Referred to in
the viii.


late Michael Reilly was offered for pro-
b ate at the Office of Clerk Hook yester-
day, and the hearing was set for
February 18th. The will is dated June
25, 1891, and is signed by Messrs. D.
Lamb and II. NJ. Russell as witnesses.
The will is as follows:
l. l appoint Ri. Reverend John j.
Kahn and Reverend John 7. Sullivan,
both of Wheeling, to be the executors
of this, my will, and request that no
security be required of them, either as
such executors or as trustees under the
subsequent provisions hereof. direct
that my funeral expenses, the expenses
OF administering my estate, and all my
Just debts be paid, and that the article
of agreement bearing date the Sd day OF
November in the year 1885, between
myself and my present wife, then Vlr-
ginia L. C. Zane, be carried into full
effect according to the intent and
meaning thereof, with the notifications
hereinafter made.
.. l devise and bequest to the said
John J. Kahn and John L. Sullivan, as
trustees, all Of my property, real and
personal, wherever situated, to be held
by them upon the trusts hereinafter set
forth. The said trustees shall have
power TO hold, control, sell, cucumber
and otherwise dispose of the said prop
erty as full as l now have, and to take,
receive and receipt for the rents, issues,
profits, income and proceeds thereof,
and their receipt for the same
shall be sufficient, and no
purchaser from them shall be
required to look to the application OF
the purchase money, They may invest
the revenue from the property, or the
proceeds Of such of the property as may
be sold, in such manner as in their dis
erection may seem best, and may dispose
Of any investments they may make in
like manner as they are authorized TO
dispose Of the property hereby
given them. Provided, however,
that they shall not at any time
invest any part Of the estate in any
Church property, or in the property OF
any educational or benevolent institu-
tions connected with the Church. The
said trustees may in their discretion
carry on the wholesale grocery business
in which | have been for many years en-
gagged, giving employment to such OF
my children and grandchildren as they
deem proper, and conducting the bust
ness through a competent manager, but
with power to the said trustees TO discOn-
tinue and wind up the business whenever
they deem it proper or eXpedlent TO do
So Each OF the said trustees may by
his will appoint his own successor in
the trust, and in default of such ap-
pointmeut, the survivor may by deed
appoint a successor in trust to either Of
the said trustees who may die without
having appointed his own successor.
And all the devises, requests and pow
ers herein made and given, including
the power TO appoint successors, shall
belong 10 such successors in the same
manner as TO the trustees herein APP
pointed.
3. The said trustees and their sue
ceSSOrS shall have the said property
herein devised and beQueathed, and
the revenues and income therefrom,
and the property in which they shall
invest such revenues and income, or
the proceeds of any sale they may
make, except as herein provided, until
the death of that one OF my now living
children or grand children who shall live
the longest During the continuance
of the trust they shall from time TO
time, as in their discretion shall seem
best, pay out of the revenues and in
come of the property such sums as they
in their discretion shall deem proper to
my son George V. Reilly for his
maintenance and for the maintenance
and support Of his family, to my son
John ). Reilly for the maintenance
and support of himself and any family
he may have, TO the wife Of my son
James V. Reilly for the maintenance
and support of the said James and his
family, and to my daughter Helen M.
JamiSon for the maintenance and sup
port of herself aud family, and TO the
widow of my son Thomas M. Reilly for
the maintenance and support OF herself
and family. Should either Of my said
children or my said daughterin-law die
during the continuance OF the trust,
the said trustees, or their successors
shall continue TO appropriate such
sums as they shall deem proper to the
maintenance and support of the said
families. 1t is not intended that the
sums to be paid as aforesaid shall be
equal, unless the trustees so determine,
but that they shall vary according to
circumstances, in the discretion Of the
trustees.
4. The said trustees shall pay to my
son Michael the sum Of ten dollars and
no more. l do not think him entitled
TO more than this sum in addition to
what he has already received from me.
5. While the discretion OF the said
trustees is to govern in determining the
amounts 60 be paid out for the support
and maintenance of said families, it is
my desire that the younger children
shall have proper raiment and school
ing, but that extravaganza be not en-
couraged.
6. At the termination of the trust at
the death Of the longest liver among
my now living children and grand
children, all of the said property and it's
Accommodations, and any property in
which the said trustees or their sue
ceSsors shall have invested any of the
said income or revenues or proceeds of
sales shall be divided in equal shares
among the descendants OF my said sons
George V. Reilly, John J. Reilly and
James V. Reilly, my deceased son
Thomas NJ. Reilly, and my daughter,
Helen NJ. Jamison. The division shall
be made per stripes; that is TO say a
share for each of my said
five children, Thomas, George,
James and Helen, whose
descendants, or any of them, shall then
be living, and each share shall be divid-
ed per stripes in like manner among