The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-08-04
WILL OF JOHN H. PHELPS.
Manner in Which He Disposed of
His Property-His Daughter
Named as Executrix.

| The will of the late John II. Phelps
was admitted to probate yesterday by
| Deputy Register Koehler and letters
| testamentary were granted to Miss
| Bessie Phelps, daughter of the deced-
| ent, who is named as sole eXecutriX in
| the Will. 1t was drawn up and signed
| on June 4, 1898, by Attorney George S.
| Horn and is witnessed by him and
| Edwin c. Dean. Mr.. Phelps signature
| Is in plain, bold hand. The will is as
| follows.
| Know all men by these presents that |,
| John ii. Phelps, of the city of Scranton,
| and county of Lackawanna, being of
sound and disposng mind, memory and
| understanding, do hereby make and pub
| lish this my Il st will and testament here
| by revoking and making void any and all
former Wills by me at any time hereto
| fore made.
!. direct all my just debts and my fu
| neral expenses to be paid by my execu-
| triX hereinafter named, as soon after my
| decease as the same can be conveniently
| done.
2. | nominate, constitute and appoint
my dear daughter, Bessie Phelps, sole eX-
| ecutrix OF this my last will and testa-
| ment.
| 3. l give, devise and bequeath unto my
dear wife, Ella Phelps, such interest IN
| my real estate as she shall be entitled to
| under the intcstate laws of the common
wealth of Pennsylvania at the timC of
| my death.
| !. | give, devise and bequeath unto my
| dear daughter, Bessie Phelps, such part
| or ana interest in my real estate as she
snail be entitled to under the intestate
| laws OF the commonwealth of Pennsyl-
| vania at the time Of my death.
| o. L give. devise and bequeath unto my
| dear daughter, Bertha Eloise Phelps,
such part of and interest in my real es
| tate as she shall be entitled to under the
| intestate laws of the commonwealth of
pennsylvania at the time of my death.
l.. q. l give, devise and bequeath unto my
| dear daughter, Jose phine Phelps, such
| part of and II terest in my real estate as
| she shall be entitled to under the in
| testate laws of the commonwealth of
| Pennsylvania at the time of my death.
| l. | give, devise and bequeath unto my
| dear sister, Mrs. Mary j. King, the sum
of $500 and direct that the same be paid
| by my eXecutriN within one year after
| my decease.
S. give and bequeath my drug store
| business and my rheumatic elixir busi-
ness together with the fixtures and stock
| conected with said drug store and rheu-
| matte elixir business, my rheumatic elixir
| formula and the lease or leases of the
| premises where such business is carried
| on, and all money ewing me in connection
| with such busir ess to my said daughter,
| Bessie Phelps. in trust, nevertheless and
| for the following purposes, namely, to con-
| tinue and carry on and conduct the said
| drug store business and said rheumatic
| elixir business as long as she, the said
| Bessie Phelps, my said trustee in her
| sound judgment shall deem it for the best
| interest of my estate to carry on the said
| rheumatic elixir business and drug store
| business, or either of them, not exceeding
| twenty years, and annually or oftener il
| she deems proper to do so, to pay the net
| gains and profits arising from such bust
| ness being carried on by her to the fol-
| lowing persons and as follows: To my
said dear wife, Ella Phelps, the one-third
| part Of such net gain and profits, the
| same to belong to her absolutely; and TO
| pay TO each of my said daughters. Bessie
| Phelps, Josephine Phelps and Bertha
| Eloise Phelps the one-third part of the
| remaining two-third part of said net gam
| and profits, each cbilds one-third share
| to belong to such child absolutely.
| 3. Whenever the said drug store busi-
| ness or the said rheumatic elixir busi-
| ness shall be closed out by said trustee,
| the proceeds arising therefrom l give and
| bequeath and direct same TO be divided
as follows, namely: To my said wife, the
| one-third part of such proceeds ABSOLUTE
| ly and the remaining two-third part of
| said proceeds to my three children, share
and share alike, each child's share to be-
long to such child absolutely.
| 10. / direct that my said trustee be al
| lowed a reasonable compensation for her
| services and that such compensation be
| part of the expenses of the trust and be
| paid out of my trust estate
| II. All the rest and residue of my per-
! sonal estate / give and bequeath as fol-
| lows: To my said wife the one-third part
| thereof absolutely, and the remaining
| two-thirds TO my said three children
| shrae and share alike, each child's share
| to belong to such child absolutely. / ad-
! wise, but do not direct. my trustee to en-
| ploy my present clerk, Frank Beavers, to
| assist in conducting my said drug store
| business and rheumatic elixir business