The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-09-29
gfe qaia ailu gae1e ridau rortims September g.

held by said trustees for the uses and
benefits Of my said grandchildren as
hereinafter provided; and
Out Of the net proceeds OF said real
property situated in the state OF Illinois
my said executors shall pay:
One-third to my beloved wife, Eliza;
two-ffteenths TO each Of my beloved chill
dren. s. 7. Tuttle. Betty E. Barker, Liz
zie H. Throckmorton and James l. Tut
tie; and two-ftteenths TO S. T. futile.
Betty E. Barker, Lizzie II. Throckmorton
and James L. Tuttie, as trustees for my
beloved grandchildren, Zofra Dorsey,
Thadlne Dorsey and Ruth Elvira Dorsey,
for the uses and benefits OF my said
grandchildren as hereinafter specified
Ninth-The net issues. profits and in
come Of any other real property owned
by me at the time OF my decease and sit
uated in any other state than the states
OF Kansas and Illinois, shall be divided
among ny beloved wife, Eliza, my below
ed children ard grandchildren, above
mentioned, in the same manner and in the
same proportions as the proceeds Of the
real estate situated in the state Of Kan
sas. as aforesaid.
TENTH direct that my said executors
shall hold all Of the said real estate intact
as above provided. until the death OF my
beloved wife Eliza.
Eleventh-Upon the death Of my beIov-
ed wife, Eliza, 7 hereby give and devise
TO my beloved children, s T. Tuttle. Bet
ty z. Barker. Lizzie H. Throckmorton
and James L. TuttIe. each, one-ffth Of
all the real estate Of which I shall die
seized. 10 be selected and apportioned by
ny said executors as hereinafter provided
said requests TO become operative and
become effective only upon the death Of
my beloved wife, Eliza. And to the said
S. T TuttIe, Betty z Barker, Lizzie H.
Throckmorton and James L. Tuttle, as
trustees for my beloved grandchildren,
Zofra Dorsey, Thadine Dorsey and Ruth
EIvira Dorsey, one-ffth Of said real fes-
tate-to become operative and vest in
said trustees for the uses and benefits of
my said grandchildren upon the death Of
my beloved wife, Eliza, and to be held in
trust by said trustees for the uses and
benefits OF said grandchildren as herein
after provided.
TweIfth-As soon after the decease Of
my beloved wife, Eliza, as my executors
shall deem advisable. they shall meet to-
sether at such place as the majority o.
them may direct, and shall then divide
all Of the real estate OF which I may die
seized in the manner following:
Ny executors shall dfvf1e the said real
estate into five lots or parcels, as nearly
Of equal value as possible. II the same
can be done without manifest injury 10
the property so divided; but if in the
4
ion cannot be made, then they may de-
fer the division Of said real estate for
the period Of one year after the decease,
OF my beloved wife, and may take from
the proceeds of the rents, issues and
profits Of the said real estate a sufficient
sum which they may add 10 the value OF
any one OF more tracts or parcels Of land
so as TO make the same with the money
so added equal in value 70 every other
tract, it being my purpose and object 70
have the said five divisions exactly equal
in value And after the said division
shall have been made the said several
parcels Of property, with the money add
ed, # any, shall be apportioned and d.
vided among the persons herein named, as
follows:
After said real estate Is divided into
said five lots or parcels as aforesaid, a
description Of the different tracts COM
prising each Of said parcels, together
with the amount Of cash from said fund
10 go with the same to equalize the value |
thereof with other parcels. if any, shall |
be written out in full on separate sheets /
OF paper, and the description and amount |
Of money. II any, comprising each parcel /
shall be folded and placed in an envelope |
and the envelopes sealed. Said five en-
velopes shall then be placed in a recep- !
tacle and some disinterested person to be !
selected by majority of the executors. |
after mixing said envelopes thoroughly in |
said receptacle, draw them out one at a /
time.
The first envelope so drawn out shall be
marked with the name Of 5. T futile, |
and the property therein described shall /
be given and turned over to him abso- |
lutely.
The second envelope 50 drawn ont shall /
be marked with the name Of Betty E. |
Barker. and the property therein describ- /
ed shall be given and turned over TO her /
absolutely.
The third envelope so drawn out shall /
he marked with the name OF Lizzie H. /
Throckmorton. and the property therein
described shall be given and turned over |
to her absolutely.
The fourth envelope so drawn out shall |
be marked with the name Of James L. /
TuttIe. and the property therein described I
shall be given and turned over to him alb
soluteIy
The fifth envelope 50 drawn out shall BE-
marked with the names OF Zofra Dorsey
Thadine Dorsey and Ruth EIvira Dor
sev, and the property therein described
shall be turned over 20 s. T. Tuttle Betty
f. Barker. Lizzie II Th-ockmorton and
James /. futile In trust. to be held by
them in trust for the uses and benefits OF
Zofra Dorsey. Thadlne Dorsey and Ruth
EIvira Dorsey.
II all Of nv said executors shan be
unable TO agree upon the provisions here
inbef0re provided for. then the majority
may make said divisions.
Tbirteenth-In any and all matters re-
latin< to the administration Of the affairs
Of my estate and the execution Of the
trust herein created. = my said executors
should be- unable n agree upon any Of
the matters and things % he done. the
Judgment os a majority Of said executors
shall prevail. and majority Of said exec
uto-s may act: and the Judgment and ac-
ton OF a majority Of my said executors /
in the division nj my said property and
the execution OF this trust shall De as -
sectual as II all o. my said executors
acted. and SHAH -e final
Fourtee1Jh-AfJer the division Of my
said property As aforesaid. my said exec
gro-s shah execute deeds % conveyance.
conveying 70 each ~ my children the
-.,l ,-.--, 1, 49, ~ q $1,000 2, t,t-- -