The Portland daily press., 1896-11-30

semt-annually; one pant to each or to the
living member Of his family (meaning
as foresaid) as the said trustees shall. de-
eide to be most appropriate under exist
ing circumstances and conditions and in
| their discretion; subject however to
| this condition that whatever income the
members or any one of said families
tmeanlng as aforesaid) may be receiving
from any other trust created in this will
shall be deducted from each semi-annual
one-third income uf said family or son
who was the head thereof, and the
amount so deducted shall ba divided into
three parts and distributed by the trus-
tees one-thlrd to each beneficiary under
this trust. In case of the decease of any
one Of the three sons his share Of the net
income arising from said trust property
shall go to his family and their lineal de-
scendants and all be distributed as pro-
v1ded. At the end of said twenty
years said trust property shall be owned
| in equal shares by his said three sons
| and their lineal descendants. In case of
the decease of any one of them without
children or rand-children surviving, his
share shall go. to the survivors or sur
vivor of them and their lineal descend
ants.
The testator requires that proper &C.
| counts shall be kept of all the trust
property and these accounts opened at
all proper times for the inspection of any
one interested In the trust.
Twenty-All the rest of his property
of whatever description he gives to his
three sons now living and the heirs of
their bodies, taking by right of repre-
sensations, share and share alike.
| ,Twenty-one = He makes his son
Elias sole executor and does
not require any bond of him as
executor or trustee or of any trustee
therein named. And he requires that
except as otherwise ordered the executor
shall pay all requests within six months
after his appointment and qualification,
and said trust shall become operative
Immediately upon probate of the will.
Twenty caseshis grandson John
P. Thomas, does not live to be q years
of age it is his will that one-h half of the
$50, 900 named in item four, shall be paid
| back to the executor Of the will by the
grandson's guardian and go into the resi-
due of testator g estate, and the other
SIS, 900 go to the grandson's lawful heirs
Twenty three-He gives to the rempora-
~ Home for Women and Children in
Deering $4,000 as permanent fund, the
income only to be used.
The will is dated January 9th, 1894, and
the witnesses are Byron d. Verrill, Hen
ry G. Small and Fred E. Allen.
CODICIL.
To whomsoever it may concern:
Be ID known that ], William W. Thorn
as, of Portland, Maine, being of sound
mind and memory. do make, publish
and declare this my codioil to my last
will and testament by me made and
executed ON the sixth day of January A.
| D.. 1894.
First-I name my son William w.
Thomas, Jr., to be oo-executor with my
son Elias Thomas, of my said will, and
of my estate, and also to be oo.trustee
with said Elias in the trust created by
| the sixth clause of my said will No
bond Is to be required of the saidWillIam
in either of the above named capacities.
Either of them may perform the duties
of executor or trustee in said trust in the
| absence OF the other, but neither shall be
of the other.
In case Of the deceass of either the sur
vivor shall be sole executor and trustee
in said trust unless ne shall elect to re-
quest the appointment of co-executor
| or co-trustee in said trust.
Second-I hereby authorize and diroot
my said executors to expend not exceed
ing $50. coo dollars out of the personal
property of my estate in such manner
and for such purposes as may hereafter
specify in any written instructions to
them by me signed. which instructions
shall have the same binding force and
effect as if the same were herein set
forth.
Third-In all other respects my said
will is hereby ratified and confirmed.
In witness whereof, do hereunto set
my hand and seal, this twenty-seoond
day of December, A. D., 1894.
WILLIAM W. THOMAS.
Signed, sealed. published and declared
by the said William W. Thomas to be his
cQdicil to his last will and testament in
our presence who in his presence and the
presence of each other do hereunto set
our hands rs witnesses at his request
this tweny second day of sDecem Der, A.
D., 1894. at Portland, Maine.
BYRON d. VERRILL,
HARRY MIGHELS VERRILL.
ALICE CARRIE MOORE.
MEMORANDUM.
Additional beqaests by Il on. W. W.
VI.