The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-08-22
NEW DEED IS FILED.
Farrisworth Property Is Again Turned
Over.

A second trust deed for the purpose
OF conserving, according to their wishes,
the large estate of John W. Farnsworth
and his wife, Nancy Farnsworth, which
is estimated to be worth in the neigh
borhood of 100000 and probably more,
was filed today with Sadlier J. HodginS,
the register of deeds. 1t provides for an
entirely different disposition of the
estate in the hands of a trustee than
did the former trust deed which was
filed on July 10 last and which was set
aside by Judge Dana of the district court
yesterday afternoon. in a friendly pro-
ceeding brought by Mr.. and Mrs, Farms
worth to have this original deed set
aside on the ground that it was not
what they intended it should be.
Under the terms of the original trust
deed all of the Farnsworth property was
turned over to H. c. Eshby of Tulsa,
Ok, a son-in-law, who was to hold all
the property in trust for twenty years
and then see to it's equal division be-
tween the children and grandchildren
of the grantorS of the trust. This TWEEN
ty year trust covered all the property,
real and personal, with the exception of
a specific bequest of $4,000 to be used for
the education of grandson, Franklin
AShby, who is now fourteen years, and
lars which was to be given to him after
he was twenty-one years old and when
he shall by his own personal efforts
labor and talents, unaided by anyone
make save and accumulate the sum Oh
81. 000-
In the proceedings before Judge Dana
yesterday Charles Blood Smith was APP
pointed guardian ad Item of Franklin
Ashby, who is now fourteen years. mad
Mr. Smith was one of the witnesses,
with Leonard Ferry as the other, to the
new trust deed which was executed by
the Farnsworths today. And in the new
deed is the same specific provisions for
the setting aside of this money to the
grandson as were in the old deed.
This new trust deed conveys all of the
property of the Farnsworths, with the ex-
peka avenue, to H. c. Ashby, who was
named trustee in the first deed. He is to
have absolute control of the property and
is to receive $500 year for his services as
trustee as well as reasonable expenses:
The deed provides that on March 1 OF
counting of his stewardship and on the
fifteenth day of each month he is requir-
deed the income from the estate above
the expenses of its management:
1t is provided further that when q the
cent of the proceeds is to be divided
equally between Julia F. Soper and Ruth
F. Ashby, daughters of the Farnsworths'
vested in property, real or personal, for
the benefit of the estate.
Mr. Ashby was to hold the entire estate in
trust for 20 years. Under the new deco
e ere 'f ia to terminate Immediately on the
death of the Farnsworths and is to be d.
vided equally between their daugh-
tiers. On the death OF the grant
the trust at will on making an APP
plication in writing of their desire to this
effect. On such application being received
the trustee is directed to dispose of the
estate equally between the two daughters.
or if either of them should die, their snare
is to go to their heirs
A concluding paragraph of the deed ex-
presses the desire of Mr.. and Mrs. Farms
worth that their property be eventually
equally divided between their daughters
and according to the terms of the trust
deed
that in the original trust deed, which pro-
vided that at the end of the 20years trustee
ship the property was to be divided equal
Iy between the children and the grandchil-
dror1 Of the errantors of the deed.