The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-09-29
GOPHER FUTILE WILL
CONTINUED from Fifth Page,

in such manner and upon such terms as
shall to the said trustees seem TO be for
the best interests Of the said cestuis que
trust.
Said trustees shall from time to time
use of the rents and profits arising from
said lands or investments such sums of
money as in the judgment OF the said
trustees is necessary for the best inter-
ests of, and the reasonable maintenance
and education OF the said cestuis que
trust.
The said trustees may in their discre-
ton permit the father of the said ces-
tuis que trust to partake of, for himself,
such support and maintenance as the
trustees herein may see fit TO rovide for
the said cestuis que trust and as said
trustees shall determine 10 be for the
best interests and welfare of the said
cestuis que trust
That such portions Of the rents and
profits remaining in the hands of said
trustees. after making the disbursements
herein mentioned, to the said cestuis que
trust, shall be by said trustees re-invest-
ed in such manner as to them shall seem
10 be for the best interests of the said
cestuis que trust.
That on the 18th day Of November 1912
said trustees shall by proper conveyances
convey to the said beneiciaries herein,
to-wit: Zofra Dorsey, Thadine Dorsey and
Ruth Elvira Dorsey. the said real es-
tate, or the undisturbed proceeds there
from, both personal and real property,
the said trustees to first divide said prop
erty into three parts of equal value, and
convey one of said parts to each of said
benefciaries
If on or before the 10Th day Of Novem-
Der, 1912, either Of the said cestuis que
trust shall have died without issue. his.
her or their portion of said property
shall be conveyed as herein provided to
the survivors or survivor. said property
to be divided equally. If either of said
beneficiaries shall have died. leaving
issue, such issue shall receive the por-
ton Of such deceased beneiciaries, by
conveyance as herein provided.
If all Of the said cestuis que trust. and
their issue, if any, shall have died before
the 10Th day lof November, 1912. then the
title to all Of said proerty. and the I'M
disbursed proceeds therefrom, real and
personal shall at once rest in and de-
scend to my legal descendants.
Said trustees shall not be held individu-
ally liable to the said cestuis que trust.
or any one, for loss which may accrue in
the investment of any funds, or the care
of any roperty which may come into the
hands of said trustees; said trustees only
being required to act in goor faith as to
them seems for the best interests of the
said beneficiaries.
In the event of the death or refusal to
act OF any of said trustees, those living
and acting shall continue to execute and
finally carry out to it's full completion the
said trust as herein provided; and ma
jority of the said trustees shall govern
the settlement of any question arising in
relation to the execution of any part of
said trust.
The said trustees shall have full power
and authority to hold In trust the said
premises herein devised and bequeathed
and to convey and dispose of the same
and re-invest the proceeds arising from
such sales, in all respects as to them
shall seem for the best interests of the
cestuis que trust herein mentioned
Sixteenth-In case my beloved wife
should die before myself, then at my de-
cease all of the property of which 1 may
die seized shall be apportioned and di-
vided under this will in five equal parts
in the manner hereinbefore provided for
the division and distribution hereof
One-ifth Of said real estate to S. T.
futile; one-fifth to Betty E. Barker; one
To 7 I
fifth to James L. futile; and one-fffth to
S. T. futile, Betty f. Barker Lizzie H
Throckmorton and James l. futile, as
trustees for my said grandchildren, Zofra
Dorsey, Thadine Dorsey and Ruth Elvira
Dorsey, as herein specified.
Seventeenth-It is my request and de-
sire that my estate shall be administered
by my executors herein named with as
little expense as possible. and with as lit
tie resort as possible to court proceed
ings; and that all of the benefciaries I'M
der this will may show such consIdera-
ton. each for the rights and interests Of
the others that the property which I
have accumulated shall descend to the
said benefciar.es without loss or expense. |
and that they may rightfully use and
enjoy. the property which by years OF in
dustry and economy have accumulated. i
In witness whereof, have hereunto sec
my hand this 26th dav Of July. A. D. 1895.
GOPHER FUTILE.
We, the undersigned, hereby attest the
above will and subscribe our names as
witnesses to the execution Of the same.
And we further attest that the said will
vas d,Ily- -r1becrfbed bx- tho said Z.ubnr
futile in our presence this 25th day Of
July 1895. and that the said Gopher Tut
tie in our presence duly Acknowledged
the same to be his last viii and Tesla
ment. And We. in his presence and a his
request and IN the presence Of each
other. have duly subscribed our names
as attesting witnesses.
LUTHER BURNS.
T. A RUSSELL.
Eliza Trffla wife 90 Zouh1r Tuff1e