Semi-weekly herald., 1915-04-12
NOTICE TO NONRESIDENT
OF PROBATE OF WILL
State of Colorado,
County of La Plata

IN THE COUNTY COURT IN PRO-
BATE.
TO THE PEOPLE OF THE safe
OF COLORADO TO Matilda Preston,
Flora Wiser, Stella Preston, Irene
Preston, Donald C. Larson and Hen
ry Preston, GREETING:
WHEREAS, 1t has been made to
appear to the county court Of La
Plata county, in the state of Colo
rado, that you, the said Matilda Pres
ton, Flora Wiser, Stella Preston, Irene
Preston, Donald C. Larson and Hen
ry Preston are heirs and legatees OF
Joel L. Preston. deceased, and that
Donald C. Larson, of Mohall, North
Dakota; Irene Preston, of Three
Rivers, Michigan; Stella Preston OF
Three Rivers, Michigan; and Henry
Preston of Three Rivers, Michigan,
are non-residents of the state of Colo
rado.
NOW THEREFORE, in accordance
with the provisions of the statute
in such case made and provided, and
by order of court duly made and en-
tered, you are hereby notified that an
instrument of writing purporting to
be the last will and testament of the
said Joel l.. Preston deceased, was
presented to said court for probate
on the 23rd day of March, A. d. 1915,
| by A. P. Camp, residing at Durango,
| in the state of Colorado; that the
said decedent was, at the time of his
decease, resident of La Plata county
| in the state of Colorado; that the said
decedent, according to the said al
| legged will devised and bequeathed his
property in the words and figures fol-
| lowing, towit:
First. l direct that my funeral be
conducted corresponding with my
estate and situation in life.
| Second. | direct that all my debts,
funeral expenses and claims against
my estate be paid as soon after my
deeease as possible out of the first
moneys which shall come into the
hands of my executrix from any por-
ton of my estate.
Third. l give, devise and bequeath
unto my beloved wife, Matilda Pres
ton, in case she shall survive me, a
J life estate in and to my real estate,
owned, held and possessed by me in
fee simple and described as the north
| half of the northwest quarter of sec
/
! four north of range eleven, west of
the New Mexico Principal Meridian
together with the right and enjoyment
of the use and possession of said
premises and all rents and profits
that may be derived therefom dur.
ing the remainder of her natural life.
Fourth. give, devise and bequeath
unto my beloved wife, Matilda Pres
ton, in case she shall survive me,
a life estate in and to all other prop
| erty than the real estate above de-
scribed, whether real, personal or mix
ed, together with the right and privi-
lege of the use and possession of
same during the remainder of her
natural life, and the right and per
mission to sell and dispose of same
whenever necessary for her main
tenance and support or necessary OF
eXpedient in the care, handling, rails
ing or keeping of said property.
Fifth. l give, devise and bequeath
unto my beloved daughter, Lille Lar
son of Kline, La Plata county, Colo
rado, an undivided one-third part, por-
tion and share of all my estate, real,
personal and mixed, remaining and
being in existence after the death of
my beloved wife, Matilda Preston;
1t being the purpose and object of this
devise and bcquest that my daughter
shall be entitled to have and receive
and undivided one-third of all my es-
tate after the decease of my wife and
the termination of the life estate here
linbefore devised unto her.
Sixth. l give, devise and bequeath
unto my children Flora Wiser nee
Preston, Irene Preston whose married
name is unknown, Stella Preston
whose married name is unknown and
Henry Preston, share and share alike,
an undivided two-thirda of all my
estate, real, personal or mixed re-
naming and being in existence after
the death of my beloved wife, Matilda
Preston; it being the purpose and OBJ
Ject of this devise and bequest that
my children Flora Wiser, Stella Pres
ton, Irene Preston and Henry Pres
ton shall have and receive share and
share alike, an undivided two thirds
of all my estate after the decease of
my wife and the termination of the life
estate hereinbefore devised unto her
in and to all of said property.
Seventh. | hereby make, constitute
and appoint my beloved wife, Matilda
Preston, Executrix of this my last will
and testament, and l hereby request
and direct that my said executrix
may not be obliged to give bonds in
the administration of my said es-
tate; it being my will and desire that
my said Executrix be authorized to
act in such capacity without giving
bond for the faithful performance of
her duties.
YOU ARE HEREBY NOTIFIED
TO be and appear before said court at
the county court room in the court
house in Durango, in the county Of
La Plata in the state of Colorado,
on the oath day of May A. d. 1915,
then and there to attend the hearing
ON the probate of the said alleged
last will and testament Of the said
Joel L. Preston, deceased, and furth-
er to do and perform what shall then,