The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-04-17

Thomas B. Lewis Yesterday filed the
will of Thomas w. Ellerbeck for pro-
bate.
The document is quite lengthy. being
about newspaper column in length.
The document provides that all his
property of every name and descrip-
ton shall go to the executors and sue
cessors. in trust for the purposes set
forth.
Ffrst-Al debts are to be paid as
soon as practicable.
About two years after decease, but
not prior to March 90. 1897. the execu-
tors are directed to divide and dis
tribute his trust property among the
devisees in the following manner:
One-tenth of the balance and residue
of the trust estate the said executors
shall give and deliver to the six chill
dren OF the teStator by his first wife,
deceased. Martha B. H. Ellerbeck,
Brigham NJ, Thomas r., Alice r. Will
ton. Sarah Karrick and James o. Ell
lerbeck. share and share alike, and this
said part of the property together with
gifts and Announcements heretofore
made shall be taken by them as their
full share of the estate.
The balance of the property is divided
as follows: Five-thirteenths shall be
delivered to his former wife. now di-
vorced, Henrietta Dyer Ellerbeck, and
for the use and benefit OF any minor
children she has by testator. or any
other of her daughters who reside
with her unmarried. The said Henrietta
Dyer Ellerbeck is authorized to use
the property in such manner as she
shall deem prudent and after her death
the same. or the remainder, shall pass
to the six children mentioned, Louise
NJ. Felt, Emma, Horace, Walter, Ada
and Genevieve Ellerbeck, share and
share alike. This five-thirteenths IS to
be held in trust until the estate is
finally settled, and until such action
the divorced wife is to be paid s35 per
month. Notwithstanding the income de-
rived from former gifts Of property.
The remaining eight-thirteenths Is to
be delivered to his wife. Emma Spence
Ellerbeck. for her USE benefit and sup
port during her natural life and for
the support and education of her minor
children. or any of her daughters that
may live and reside with her unmar-
ried. After her death the property Is
to pass to George z. Ellerbeck. Elite
Y. Ellerbeck. May Darling. Edith, Clar-
issa. Margery and Aurania Ellerbeck.
share and share alike. The sum of 800
per month is to be paid his widow for
In case Of necessity, and if the net
income is sufficient. the executors may
increase the allowance to each family
in any amount. not exceeding 20 per
cent. Also to extend further temporary
assistance to either family in case of
great trouble and necessity, such assist
ance to be deducted at the time Of
final settlement.
Emma S. Ellerbeck. Thomas r. Ell
lerbeck and Thomas d. Lewis are
named as executors without bonds,
unless their conduct is such that
majority of the family above named
deem it expedient that they give bonds
and in case of death; disability or re-
fusal of either, then Elmer z. Darling
is to act without bonds. save as above
required.
The will authorizes the sale of prop
erty without authority or rati-
fication of any court. and
if it becomes necessary to sell in order
to make distribution. they are author
lied to sell.
Henriette Dyer Ellerbeck is named as
the guardian of Genevieve Ellerbeck
and Emma Spence Ellerbeck the
guardian Of William L., Edith, Clar-
issa, Margery and Aurania Ellerbeck,
both to serve without bonds.
Testator states that in beQueathing
to Henrietta Dyer Ellerbeck five-thir-
teenthS he mas added enough 10 FORMER
gifts to make an equal division of the
estate.
His former and present wives are to
waive all statutory rights.
The will was made January 13.
drawn by lie Grande Young and wit
messed by NJ. E. Cummings and Thomas
w. Jennings.
Attached to the will are two codicils.
the first of which provides that a
change be made in the manner Of APP
pointing the executors. in this. that
instead of Elmer Z. Darling being
chosen in the event of one of those
declinging. that the wife and former
wife, together with Thomas D. Lewis
and Thomas R. Ellerbeck may request
the appointment of a fit and suitable
person to act The widow has refused
and declined, and the petition for pro-
bate asks that Francis Armstrong be
selected.
The deceased left personal property
to the probable value of S43.300 The
real estate, which is not enumerated
in the will. is estimated by those who
are in a position to know to be worth
about 100000.
Tuesday. April Goth. was fixed as the
date of hearing.