Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1902-11-15

Instruments Entered In Probate Court
District or CoIumbin--Aii Property
Given In Trusf

which has been q matter Of more than
ordinary interest in legal and other
circles for several months, was filed
YESTERDAY for probate with the regis
ter of wills for the district of Column
bia The instrument was produced
BY Attorney Henry f. Woodland, who
was one Of the three joint custodians
Of the will, and also one Of the exec
utors.
Since the death Of the testator con
siderable speculation concerning the
provisions Of tine instrument has in
dulQeduin, some 'of which have been
correct and some erroneous. The sub.
stance of the instrument has been pre-
viously published and that the reports
were correct is substantiated by an ex-
at copy OF the will which follows:
II, Nathaniel Mckay. being i'll and
sick in body, but of sound and dispos-
ing mind and memory, do make, pub
lish and declare this my last will aud
Testament. hereby revokine all form
or wills by me at any time made
"Item II desire that my herein
after named executors shall pay. from
the proceeds Of my estate, all nv just
debts, including funeral expenses
Item 2-All the rest and residue of
my estate. real personal and mixed,
wheresoever situated, and of which /
shall die seized and possessed, / give,
devise and bequeath unto Mabel Grace
Mckay. Admiral Philip Hichborn
and Henry i. Woodland, their heirs.
executors and assigns, forever, as trus-
tees, and.s..and upon the following
trusts. that is to say that within a
reasonableItime after my decease they
shall collect in all outstanding claims
due my estate, and shall also convert
my resl and personal property and
claimsTreceivable, into money, and
from thesproceeds thereof they shall
paw to1Samuel f. kTatem the sum of
twenty-five thousand 1925. 000) dollars,
and to William Mitchell, my devoted
servant, the sum of fifteen hundred
(Si. 500 dollars. and the rest and res
idue hereafter remaining they Shall di
videsintolthree.eouala parts and pay
one-thirds thereof to my wife Mrs.
Mabel Grace Mckay, one-third there
of to my dughter Mrs Elizabeth r.
Weider, hem, and the remaining one
third thereof to my daughter Mrs,
Harriet A. Kneisly
1t is my desire and wish that the
benefciaries under this will shall re-
ceive and take their respective parts
Of my said estate absolutely and for
ever.
SUBJECT TO CONSIDERATION.
1.-THE gifts beuuests an devises here
inbefore by me provided TO be given
are subject to the condition that il
any one of the legatees, or devisees,
shall question or dispute this my last
will and testament, or bring any pro-
ceedings in any court, at any time,
for the purpose of breaking this my
last will and testament, the portion,
or portions, of my estate so beaueath-
ed and devised to such legatee, OF de-
visee, shall be given to those who do
not contest this my last will and tes-
lament
TTappoint asiexecutors of this my
last will and testament Mabel Grace
Mckay, Admiral Philip Hichborn and
Henry,F. Woodland. and request that
they be not required to give bond.
I'm testimony of all of which / have
hereunto set my hand this seventh day
of July, in the year nineteen hundred
and two.
'CSigned) Nathaniel Mckay.
"Signed. published and declared I'D
Nathaniel Mckay, the aboye-namey
testator, as and for his last will and
testament in the presence of us, who
at his request, and in his presence of
one another, have subscribed our
names as witnesses thereto.
Witness II. L. Fairbairn,
Atlantic CITY, n j.
Joseph L. Trenchard.
Atlantic City, n. j.
"Rodman Corson.
atlantic City, n. j. 80
The filing of this will, it Is expect
ed, will be followed shortly by con-
test over the estate in which Mrs.
Jennie Pope Mckay, former wife of