The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-07-01

partitions of my coal lands during the
trustees hold as II largely Is In common
with other owners, and could only be d.
vided from them at disadvantage and
risk of inequality and loss to some one
in the partition Of them. 1t Is desirable, IL
all can work together amicably that
these should continue amicably, that
these should continue to be held together
But should partition become a necessity,
/ authorize the said trustees to make
and receive conveyances in partition In
fee, for the several tracts and the reser-
walton of royalties as fully as 1 could do
II living, and / authorize said trustees
with the trust funds to purchase and take
conveyances from the other owners in
whole or partly. I further empower my
said trustees to pledge and mortgage my
estate, If 1t should be necessary to raise
funds for my estate and the purposes of
the trust in any respect, or to protect my
estate in any other way, and to execute
the necessary mortgage notes or securi-
ties therefor, and in the management
and distribution OF my estate. my said
trustees are hereby authorized to make,
execute, and deliver all necessary deeds,
bills of sales and leases to that end and
purpose.
PAYMENTS TO WIFE.
Twentleth--I desire my said trustees to
pay to my wife, annually, or semi-annual-
ly, for and during her natural life, the
entire income Of my estate, deducting
therefrom, however, the amounts and
items hereinbefore specified to be paid,
in the bequests, and in case said income
for any reason is not sufficient for her
ample support, then to apply and use so
much of my estate as shall be necessary
for that purpose.
Twenty-iirst-From and Immediately
after the death of my said wife, Harriet
+. Throop, ] direct the said trustees to
pay one-half the income of my remaining
property to my daughter Mary ELIZA
Phelps, during her natural life, and the
other haf of said income to the guardian
of my grandson, Benjamin II. Throop, or
so much thereof as they may deem nee
essary for his ample support, mainte-
nance and education, annually, during the
years of his minority.
Twenty y-second-And in case said in
come, for any reason, is not sufficient for
the ample support of my daughter and
grandson during the minority of the lat
ter, then 1 desire my said trustees to ap-
ply and use so much of my estate as shall
be necessary for the purpose and In such
proportion as they shall think meet and
proper.
Twenty-third-As soon as my grandson,
Benjamin II. Throop, attains his major
diately turn over and convey to him one
half of my remaining property. real and
personal and mixed, the remaining one
half to be retained by them in trust to pay
the income thereof as above provided, to
my daughter, Mary Eliza Phelps. At her
death, however, the balance of my estate
then remaining in the hands of said
trustees is to be paid over and conveyed
to my said grandson, Benjamin H. Throop.
Provided, however, that in case the death
of my said daughter during the minority
of my said grandson, then, and in that
event, the said trustees are to pay TO his
guardian during his minority so much
of the income as they may think proper,
and upon his arrival at his majority, that
is, the age of twenty-one years, to turn
over and convey to him the entire remain
ing estate to him with the same rights
and privileges of impairing the capital
of my estate in the support and mainte-
nance of my said grandson, as above pro-
vided in various sections.
Twenty-fourth-In case of the death of
my grandson prior to the decease of my
daughter, l direct my said trustees to
pay the entire income of my remaining
estate to my said daughter, semi-annual-
ly, during her natural life, and at her
death to distribute my estate among my
heirs at law in the same manner as II
had died intestate, provided, that in the
case of the necessity for so doing, to in
sure my said daughter ample support, the
said trustees may, as hereinbefore pro-
vided, use so much of the principal OF
my estate as they may deem necessary for.
such purpose.
COMMISSION OF TRUSTEES.
Twenty y-fifth-The executors and trus-
tees shall receive commission as, and
when money and property shall pas
oh bpi ha their
services, six per centum OF my estate.
There shall be a further charge made
and allowance to them out or my estate
for all reasonable and necessary eNr
penses incident to the management or the
same, including the amounts paid to those
or him who shall keep the books and ac-
counts for the said trustees; and said
trustees may employ such clerical help
as they find necessary for such or any
other purpose connected with my estate,
and as ASSISTANTS in their management or
said estate, and the amount paid to him
or those employed from time to time
shall be paid out of my estate.
Twenty-siXth-I hereby revoke all for
mer wills and codicils.
Twenty-seventh-For many reasons,
and the main one, is that / may live for
some time yet with the power and IN
clination to help some of my relatives
that l have bequeathed to several Of my
relatives more or less on APPLICATION tor
help that have promised them and from
this time wish to continue during my
continuance with them, but will keep an
account of the same and deduct the same
from the amounts bequeathed to them in
this, my last will ard testament.
In testimony whereof / have hereunto
set my hand and seal this seventh day Of
May, eighteen hundred and ninety-six.
Published and declared as and for his
last will and testament by Benjamin H.
Throop, NJ. D., in our presence, and in
the presence of each other have here
unto as witnesses subscribed our names
Benz. II. Throop, IL. 81
James o. Dimmick.