The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1915-01-15

:. Parker Smart, rhich tOdS flied gester6
s,A'KNoW ALL MEN BY THESE PRE-
|sENTS: H.. - IS .a II I:
THAT i. ANNIE T. X. PARKER SMART,
wife Of HENRY BALLARD SMART, of Homo
lulu, Territory Of Hawaii, being Of sound mind
and memory, do make, publish and declare my
last Will and Testament in the manner following,
hereby tevoking ali former wills BY me made z
FIRST: direct that all my just debts and
funeral expenses be paid
SECOND: give and bequeath all Of my
personal goods and effects Of whatever kind and
wherever situated, including jewelry, to my hus-
band. HENRY GAILLARD SMART, or If he be
dead to my children who shall survive me, or, if
shall not leave any children surviving me, to my
mother, ELIZABETH ]. KNIGHT. &,
| THIRD: / give and bequeath all Of my house
hold furniture and goods and effects Of whatever
kind and wherever situated, including furniture
pictures books, objects Of art, china, silver and
linen, to my husband, HENRY GAILLARD
SMART, or, il he be dead, to my children who shall
survive me, or, if I shall not leave any children
surviving me, to my mother, ELIZABETH ].
KNIGHT.
FOURTH: If i die before my mother, ELF
ABETH j. KNIGHT, and therefore before the
termination Of the trust established by me under
trust deed dated April rs, A. d. 1912, recorded in
the Hawaiian Registry Of Conveyances, Volume
! 36s. page 273, to ALFRED w. CARTER as Trus-
tel acting under and by virtue of the power
given me under said trust deed and also under and
BY virtue Of every other right and power hereunto
enabling me, do hereby give, bequcath and dis
pose of all the income of the trust estate establish
ed by said trust deed which would have been paid
to me II I had survived until the termination
Of the said trust (to-wit the death of the survivor
of my said mother and fnyself, as follows, and do
hereby appoint the Following persons TO receive
the same, and do hereby direct the Trustee under
said deed of trust to pay the said income until the
termination Of said trust, as follows: ~
/ 3 II give and bequeath tony said husband HEN
Try GAILLARD SMART, the entire income so
long As he shall live subject however, to the ter
mination Of said trust and request my said hus-
hand HENRY GAILLARD SMART. to give, un.
i til the termination Of said trust, to each Of my
children from the time that he or she becomes Of
Iage. one share of two-thirds of said entire in
HENRY GAILLARD SMART, in case of the
death of any Of my children before the termina-
ton Of said trust leaving lawful issue surviving,
to give to such issue the share Of said income
which he would otherwise have given to the child
so dying. Eaa 5 p. ls#
SHOULD my said husband, HENRY GAIL
LARD SMART, be dead at the time Of my death
/ give and bequeath said entire income to all Of
my children then living and the lawful issue then
y living Of any deceased child, such issue taking
\ by right of representation. 3IS..,, 80
FIFTH: Whether die before or after OF
together with my mother, ELIZABETH j.
KNIGHT, ] do hereby, acting under and by vir.
i tue of the power given me under said trust deed
and also under and by virtue of every other right
and power under independent of and apart
4 from said trust deed hereunto enabling me, give
lbequeath devise and dispose Of all the rest resi-
due and remainder of my estate, both real and
4 personal wherever situated and of whatever ma.
ture, whether legal or equitable, vested con
ltingent present future interests, including all
the principal of said trust estate established un
der said trust deed and existing at the time Of
the final termination Of the trust, (to-wit the
4 death Of the survivor Of myself and my mother
a ELIZABETH j. KNIGHT), to the following
i named persons, in the following amounts respec
lively and ! hereby appoint the following per.
sons to receive the said principal Of said trust
estate at the termination of said trust in the fol
lowing proportions respectively, and do hereby
direct the Trustee under said trust deed to CON
Ivey, transfer and deliver the said principal Of
said trust estate at the said termination of saiG
4 trust, to the following named persons in the fol
4 lowing sums and proportions specified respec.
lively. conditioned however, in each case on tn,
survival of the person until the termination o
the trust established by said trust deed:
4 Tony husband, Henry 9. Smart 4 I. $50 600
! To my stepfather, Frederick S. Knight $4,000