The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1892-11-01

The will of the late Horatio N. Jose
was presented for probate yesterday
afternoon. 1t was drawn by Judge Webb
and signed by the testator November 5,
1891. Stripped of legal verbiage the
general disposition of the property is as
follows:
The executors named in the will are
authorized to sell any of the property,
personal or mixed, except such as is
specifically bequeathed or devised or set
apart for use or disposition; and that
the mortgage debts upon such real estate
as is specifically set apart for the benefit
of his daughter. Helen N. Jose-Pierce,
and of his granddaughter, Gwendolyn
Cummings, shall be paid out of the in
come of such parcels and not out of the
income of the other parcels of his real
estate.
The executors are authorized to sell
and convey any of the real estate with
out first obtaining authority from the
Court of Probate, when they deem, it adj
visable to do so. He suggests perhaps
it would be, better to sell other real
estate than the Preble House property.
To his wife, Harriet Cammett Jose in
lieu of dover, he leaves $1,000; the land
and dwelling house on Congress street,
now occupied by DR.. Henry Fl. Hunt;
and Kotzschmar hall and also the lot of
land and buildings thereon situated on
the northerly side of Congress street,
near the Union railway station.
To his daughter, Helen N. J. Pierce, he
leaves the house and land on High street
with all the buildings and appurtenances
thereto, being the homestead property
on High street extending back to Spring
street court. The title to a part of this
property already vests in said Helen un-,
der her mothers last will, and this gift
adds the. title to the part that came from
the estate of the late Jos. 6. Noyes. This
devise is subject to mortgage to the
Portland Savings Bank which said Helen
must assume and pay and relieve the
rest of the estate from liability therefor.
He also gives Helen the sum of $4,000
and all the furniture of the house, plate,
glass, books, engrayings, pictures, etc.,
stores, horses, carriages and harnesses.
To his granddaughter, Gwendolyn
Cummings, the executors shall pay an
nually the income of $4,000 until she is
81 or marries, and that sum shall be in
vested to provide the income. If she
dies before 81 years of age and unmar-
ried the $4,000 shall be included in the
residue of his estate.
To his brother, Charlee E. Jose, he
leaves $500 year for life, to be paid to
him in such manner as is most accept
able to him.
To his sisters, Hannah McKenney,
Sarah Hooper and Abba Small, he gives
$1,000 each.
To the Maine General Hospital $4,000.
To his two grandsons, Herbert Benja-
min Pierce and Horatio Jose Pierce, he
gives his farm called Rigby Farm, situ-
ated partly in Scarboro and partly in
Cape Elizabeth, together with all the
live stock, farming implements, tools,
hay, grain, etc., and during their minor
ity their father, Herbert Fl. D. Pierce
shall manage it and carry it on, the ex-
ecutors being relieved of it's care.
All the rest of the property is be-
queathed and devised in trust to Frank
lin R. Barrett, Frank D. Lunt and
Richard Webb as trustees to be by them
held, invested, reinvested and disposed
of as follows:
He desires his trustees to pay out of
the income from the Centennial block
the taxes, insurance, &C., and the in
terest on the mortgage to the trustees of
Bowdoin College, and from the surplus
to pay to his daughter Helen as much as
will gradually pay the principal of the
debt, without reducing in any one year
too much of the income OF his daughter
Helen from that block, and when the
debt is finally extinguished she is to be
paid all the income from the block.
The same conditions attach to the
Printers Exchange property. If said
Helen dies leaving issue the trustees con-
tinue paying the mortgages in the same
way and when tbs youngest child of
Helen reaches 81 years, the property is
to be handed over to the children free of
membranes. In case Helen dies leav-
ing no living issue, or after her death
her issue shall die before the time speci-
fed for the trust to cease, then the Cen
tennial Block and Printers Exchange
property goes, under like conditions as
to Helen, to the granddaughter Gwen
dolyn Cummings, or in case of her death
to her issue in equal proportions.
The Rossini Hall building is left (un-
der like conditions as the Printers Ex-
change and Centennial block property to
Helen) to the granddaughter Gwendolyn
Cummings and if she dies without issue
to the heirs of Helen.
To the children of his nephew, John c.
Small he leaves the income of $4,000 to