Richmond daily register. (Richmond, Madison County, Ky.) 1917-1978, 1921-03-26

ker and wife to William M. r.
vine. both on file and of record
in the office of the clerk of the
County Court at Richmond. in
Book q at page 341 and Book %
at page $50. respectively. under
a lease made to him during her
lifetime by the said Elizabeth S.
Irvine.
Said John w. Crooke, Meth
er as executor or as an 1ndlv1d-
ual. has any valid right, title, in
terest or claim in or to said farm.
The said farm is not one of the
assets of the estate of Elizabeth
S. Irvine, deceased If the said
Elizabeth S. Irvine left will and
appointed an executor. as is al
legged by said John w. Crooke,
he is vested only with his tesla
trix title to her personal estate
under said document and only
for the purpose of conserving her
estate and executing the pro-
visions and the legacies as. pro-
vided and limited in said docu-
ment after the payment of all
Just debts. proper administrative
expenses, and taxable court costs
Said Elizabeth S. Irvinc's inten-
ton was not to vest any right,
title, or interest in said farm,
which was no part of her estate,
nor did she intend to vest any
right, title. or interest in any of
real estate that belonged to her
estate in John w. Crooke or ID.
Irvine White as executors. The
personal property assets of Eliz-
abeth ). Irvine's estate. he, is, in
formed and believes and from
such information and belief states
the fact to be. are of value more
than sufficient to pay all of the
said Elizabeth S. Irvine's lust
debts. administrative expenses.
and other costs of administration
and that such personal property
assets are all in the possession
of the said John w. Crooke that
by said alleged document the saidI
Elizabeth S Irvine made specific
gifts of a part of the items of
her said personal estate now, in
the hands OF her said alleged ex-
ecutor. and expressly prohibited
the sale of her estate for the pur-
pose of discharging her voluntary
gifts of personal property by way
OF legacies, general or specific.
or any balance of the value there
of, or for any other purpose that
by the residuary clause of said
alleged will and other language
thereof. the said Elizabeth S. IT.
vine intended to and did give tol
her residuary legatee as such.
the balance or residium of her
personal property assets left in
the hands of her executor. after !
the payment by him of all just !:
debts. expenses. taxable costs off
administration, and valid 1egacies |
only. .....
6. Said John w. Crooke. with j
out any justification in law. has !
and is attempting toI
mix and to mingle the said farm.
which was one Of the assets of
the estate of the said William NJ
Irvine, deceased. and the subject
of his valid testamentary gifts
to this Counter-claimant and 9TH
orc Will I, tba tr,,o ,ccotc of tho nc
tate of Elizabeth S. Irvine, and is
undertaking and attempting, and
has ClOuded this Counter-claim-
ants title to said farm by SO do
ing, and by claiming in his said
petition filed by him herein. for
the alleged purpose of having the
will of Elizabeth S. Ir-
vine construed as to his duties
that this COunter-C1aimant's title
to said farm is not valid title,
all against this counter-claimants
rights and to his damage. Said
ross-petitioner' and counter
title to said farm, thel
subject of the gift to him by said
William M. Irvine, has never
heretofore been questioned. ex-
cept as hereinbefore referred to.
7. The said David l. White
has heretofore and now hereby
formally accepts the said gift
made to him by the said William
NJ. Irvine, deceased. in his said, {
ast will and testament, of the tt
tie to the farm hereinbefore de-
scribed, to take effect in enjoy
ment at the date of the death of {;
the said d. Irvine White, the
father of this cross petitioner and
counter-claimant, and the said