The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-08-18
DIVISION OF THE
]. R. DAVIS ESTATE
WILL OF THE LATE COAL oPER-
AToR IS PRoBATED.
Wife Is to Have Free Use of the
Homestead as Long as It Remains
Unsold, and If 1t Is Sold She Is to
Have the Proceeds-The Remain
der of the Estate Is Divided
Among the Wife and Three Chill
dren-Carey will Contest.

The will of the late John II. Davis,
Of North Washington avenue, was
probated yesterday by Register Koch,
and letters granted to the widow, as
executrix.
The will is given below In full:
In the name of God. Ameni
], John Il. Davis, of the city OF Scranton,
county of Lackawanna and state OF Pennsylvania,
being OF sound mind, memory and understand.
ing, do make and publish this, my last will and
testament, hereby revokng all former wills by
me at any time heretofore made.
And first direct that all my Just debts and iu.
neral expenses be first paid out OF my estate as
soon after my dccease conveniently can be
done.
Item-I direct that my dearly believer wife,
Augusta Davis, shall have and receive towards
family support for one year after my decease,
the legally allotted time for settling estates the
sum Of fifty dollars per month from the income
Of my estate, for which she shall not be re.
quired to account as executrix.
ltem-Whcreas, the lots on Washington ave.
nue., in the city Of Scranton, on which is
erected the homestead building, were purchased
in the name of my wife, Augusta Davis, and
upon which I afterwards made expensive and
costly improvements, wherefore it is my wish
and will that my said wife shall have and re-
ceiye in lieu of Spruce street property hereto
fore decided to her and afterwards sold for my
benefit, the free and full use, income and benefit
Of said homestead property, for and during her
life time but II at any time 1t shall be the
united will and wish Of my said wife and Of all
Of my children TO sell the same that then my
said wife shall have and receive absolutely one.
half Of the price received for the same and that
the other half thereof be divided equally be.
tween my three children, to have and to hold
under my said wife and children, their heirs
and assigns forever.
Itcm--All the rest and residue OF my property
and estate, real personal and mixed, | give de.
wise and bequeath to my wife, Augusta Davis,
and to my three children, share and share alike,
to have and to hold unto them and their heirs
and assigns forever
Provided that II any part or portion OF the
proceeds Of any part or portion of my wlfes
share OF my estate aforesaid shall be unused,
unexpended and remain at the time Of her death,
the same shall go to my three children, share
and share alike, to them and their heirs and
assigns forever, And it IL my will and wish
that this provision shall apply to the whole of
the homestead property and the proceeds thereof
as aforesaid.
Item-The aforesaid devises and bequests to my
wife, Augusta Davis, shall be in lieu Of any
dover in my estate.
And I do hereby nominate, constitute and ap-
point my wife, Augusta Davis, the exeeutrx Of
this my last will and testament
In witness whereof, l, John r. Davis, the tes'
tator, have to this my will, written on one
sheet of paper, set my hand and seal this eighth
day Of August A. D., one thousand eight hun.
dred and eightyseven
Signed, sealed and delivered by the above
named testator, as for his last will and testa-
ment in the presence Of us who at his request
have subscribed our names witnesses thereto
| in the presence Of the said testator and Of each
other. John Il. Davis.
W. II. Gearhart, NJ r. Walter.
By a codicil dated June 27, 1892, the
| testatot advises, but does not direct,
that as soon after his deceased as may
be convenient, the personal property
shall be divided as provided for in the
will among his wife and three children.
In reference to his coal company the
testator advises that each heir retain
his or her share as an investment.
By another codicil dated April 3, 1897,
the testator directs that in case the
Washington avenue property shall be
sold the whole of the proceeds be given
| to his wife, but that If any portion of
such proceeds remain unused at the
| time of her death, said portion shall
| be equally divided among his three
| children.
C. B. Gardner and w. X. Gearhart
are the witnesses to the codic1ls.