Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-01-21

William E. Thomas, for record at 5
o'clock Saturday afternoon by John c.
LalOr. agent and attorney in fact for
Margaret p. Daily, executor. The petit
ion for the admitting of the will is signed
by Mr.. IIalOr, toy ether with W. w. Dixon
=. j. Campbell ar1 H. p. Napton, as at
t"rneys. 1t will be noted that the docu-
m. mt was executed in New York on the
18th day of last September. The will is
simple in form and reads as follows:
IN the Name of God, Amen: l, Mar
Gus DAILY, of Anaconda, Montana. So
Journins in the city of New. York, do
hereby make this my will, revoking all
former wills by me made
II give, devise and bequeath to my
wife, Margaret p. DAILY, one-t third OF
all my property, real ard personal, the
same to be in lieu of all dover and
rights of succession and 1 hereby APP
point her the executor of this will.
II direct that my said executor divide
the remaining two-thirds of my estate
into four equal shares. and 1 give, devise
and beuueath said shares to her to b.
held by her in trust for the benefit of
my children, Margaret, Mary, Marcus
and Harriott, one share for each child.
to pay the income of each child's share.
to that child until he or she attains the
age of thirty years, and then to pay over
to that child the principal of such share.
bu,Fng the minority of any child such
portion of the income of that child's
share to be used by my executor for that
cEild's support, maintenance and educa-
ton. as she deems best, and the remain
der of such income is to be accumulated
with or without interest until majority.
and my said executor shall not be held
accountable for any failure to obtain
interest on such accumulations.
I'm case of the death of any one of
said children before attaining the age
of thirty years, give such child's share
to that child's hei-s, according To the
present laws of the state of Montana.
Il appoint my said wife as guardian
OF my minor children, and direct that
she shall not be required to give any
security as such.
I'm the event of the death of my wife
before all the trusts herein are executed.
| appoint my said four children or the
survivors of them as trustees to execute
any trusts then unperformed. and also
l appoint them as executors in her place.
in the event of her death without secur-
ity either as executors or as trustees, and
direct that my wife shall not be re-
quired to give security either as exc
cutor or trustee.
II give to my said executor and
trustee and to her said successors as
executors or trustees full power to sell,
without application to court. any and
all of my said property. whether real
or personal. and to invest and re-invest
the proceeds thereof as in her or their
Judgment she or they may deem best.
Il hereby empower any child during
the"life ~Of the trust for that child t.
dispose by will of the share SO left in
trust for him or her.
In witness whereof, I have hereunto
set my hand this 18th day of September
1900
(Signed) "MARCUS DAILY,
Witnesses
(Signed) civilian SCALLON.
81 JOHN C.'LALOR,
"DILLON BROWN.
1.-The foregoing was subscribed in our
presence by the testator. this 18th day
OF September. 1900, and at the time
thereof he declared to us, being all to-
gether. that the instrument was his will
and at his request and in his presence
and i'll the presence of each other, We
subscribed our names as such witnesses
tSgned) civilian SCALLON.
Residing at Butte. Montana.
JOHN C. LABOR,
''Residins at Anaconda. Montana.
DILLON BROWN.
''Residing at 40 E. 57th st. N. Y. c."