South Bend news-times. (South Bend, Ind.) 1913-1938, 1915-03-04
JAMESC. EBERHART WILL
PROBATED WEDNESDAY
Estate Left Almost Intact to
Eberhart Family Said to
Amount to About One Million
Dollars.

nearly one million dollars in personal
end real estate. Almost the entire
fortune by terms of the will. will re-
main in the Eberhart family. The
viii says:
BY this. my last viii and testa-
ment intending thereby Co dispose OF
al my estate. both real and personal,
j. James G. Eberhart, Jr. son of AdOl-
phus Eberhart deceased do dispose
OF all my estate. both real and per-
sonal, q which / may he possessed.
al the time pf my death, IN manner
following. that is TO say.
II give. devise and bequeath all OF
said estate to my brother. Frederick
-. Ebcrh8rt, Jr., his successors and as
signs, on the trust hereinafter set
forth. and / nominate by brother. EV-
crett q. Eberhart. as his successor in
trust, and should i survive said Fred
erick 6. Eberhart. jr., OF he survives
me and afterwards die, then such sue
CIssOr shall have and exercise all
rights. titles and powers herein given
To said Frederick g. Eberhart. jr.. 10
he held by such trustee only during
the life of my wife
Il He is first 20 pay ali my just
debts and funeral expenses ana to
erect an appropriate monument over
my grave.
- He shall take possession of all
my estate. To have. hold. manage and
control the Same during She life time
of my wife. During said period of
time, except as herein otherwise di-
rected, ne shall keep an my property
i'm good condition, keep my real es-
tate I'm repair and well insured; pay
all taxes that may accrue aginSt my
estate: rent out. farm, manage and
improve as he deems best all Of my
real estate, make sales and dispose OF
all or OF any part Of my property
whether real or personal. ON such
terms and for such prices. with or
without notice, as he may deem ad-
Nisable. and re-inVest the proceeds of
said sales as he may deem proper, in
real or personal property and keep all
of my estate well invested as he may
deem best for the interest of my ceSt nj
que trust and so as 10 produce the
largest income possible, and, atter
paying all costs and expenses incurred
in the ma agement Of said truSx es-
tate. together with a reasonable com
pensatjon 40 be retained by said trUs-
tee ne shall pay the net income there
OF to my wife during the period of her
life.
provided, that my said trustee
SHALL during the life OF my said wife.
allow her, If she desires. TO use and
occupy nv homestead, free of rent
during her -Hfe,-ana@he shall give to
her the use of all my household fur
niture and personal effects and all
horses. carriages, and other vehicles
and other goods and chattels IN and
about my homestead. And, should
my wife survive me. and then die,
then at her death. he is to convey.
transfer and set over all of my said
estate. both real and personal TO such
Of my children rs may be living at the
time Of the death of my said Wife.
stock dividends declared or paid on
trustee shall not be deemed income.
but shall become a part Of the corpus
OF my estate.
go In the event that at the time Of
tho death Of my said wife, she sur
viving me. I shall have no issue then
living. then ana in such case he shall
divide all of my said estate and all
accumulatiOnS thereof. share and
share alike. equally between my
brothers. Frederick @. Eberhart. jr.,
and Everett G.. Eberhart. my sister
Flors r. Grimes, and the issue OF
such of them as may then be dead,
such issue taking per stripes. but the
portion if any that may under this will
become due and payable 10 the issue
OF said Flors r. Grimes shall be di-
vided between them in the following
proportions viz: Three-fOurths TO her
son. Fred G. Grimes, of Denver. Col
OradO, and his issue, and one-tOurth
Lincoln. Nebraska, and her issue; and
i'm case that either of my said broth
ers and sister shall then have died
without issue then living, then To
such of said brothers and sisters as
NAV then h. living and to the issue OF
such as may then be dead. equally
share and share alike. the issue OF
such descendant taking per stripes
the issue of said Flors +. Grimes TAX
ing between themselves in said pro-
portions.
- within thirty days from my
death my trustee shall advance and
pay 10 my said wife the sum of five
thousand dollars as an advance cut
of such net Income
5. should my wife and myself both
by reason of any accident. misfortune
OF other cause die at the same time OF
on The same day then none Of my
estate shall 80 To my wife or her IS
tate but IL shall all ne devided amons
he residuarv devises and legatees
herein mentioned. but i'm such event
my executor shall pay 10 Mrs. Eller
LOty the sum OF one thousand dollar:
and TO Tena krame the sum of fave
thousand dollars. the issue OF SAID
Flors r Grimes taking in the proper
tious mentioned in paragraph num-
bered in this viii
80 II at any time during the exist
ence OF the trust thereby created the
income or my estate should De feuuCct
so as not 10 afford 10 my widow
sufficient support. then such trustee
may draw from the principal OF m,
estate and pay 10 her from time L,
tire so much as may suffice 10 sup
port her in comfort in the same style
as she Is now living.
- 7 give. devise and bcQueath al
~ the residue OF my estate. both rca
and personal 20 my brothers Fred
-rick d. Ehcrhart, Jr.. and Everett -
Eberhart and my sister Flors T.
Crimes. share and share alike. and
the issue ~ such as may have died
aking per stripes. except that the IS
sue of said Flors T.. Grimes take in tho
said proportions
IS j hereby appoint I'd mv sal,
brother. Frederick q. Eherhart jr.
Executor of this viii my last viii and
csfamcut bat direct that should th,
rust herein Doe created take effect
hen whenever ne shall file with th,
Jerk Of the ST Joseph circuit court