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


tor or in any other capacity, has
no right, title or interest i'll or to
the 254 acre farm described and
devised under the will of the s.
VIM. NJ. Irvine, and that said
farm is no part of the estate Of
the said Elizabeth S. Irvine;
f. That the said William NJ
Irvine. by his last will and tesla
mcnt, intended to and did, by val
id tcstamentary gifts, create the
following interests or estate iii
hi, said 2,}4-acre farm. located Ill
Madison county, Ky, near Rich-
mond, and described in his will
and III the deeds Of David ". II
vine and J. Stone Walker. of re
cord in the Madison county court
clerks office in Bool, 25. at page
54l. and in Rnol, % nj page $50.
respectively, to-wit:
1st.-Intcrcst or estate with cx-
elusive possession anil enjoyment
for her lie in his wife and widow.
Elizabeth s. Irvine
2nd-Intcrcet or estate with
, right Of possession at the dca5
of Elizabeth s. Irvine i'll David
: Irvine White, of Huntsville. Ala.
for his lie;
said David / White, Of Kansas
City, Mo.willlin the time provi,iei
of the said condition, and
3rd-Intcrcst or estate with
right of possession al the death
of said David Irvine White. OF
Huntsville Ma, i'll The cross-pc-
titioncr, David |. White, Of Kan
sas City, Mo, in remainder
subject TO be Invested by the non
performance Of the condition that
he drop the name of White AMI
take the name of David Irvine
within the time provided:
4th-Intercst or estate i'll VIM.
Irvine Greenway aS residuary lc-
gatee in rcversion after the
deaths of Elizabeth s. Irvine, Da-
vid Irvine White. Of Huntsville,
Ala, and David l. White of Kan
aas City, Mo, subject to be d
vested by the performance b.
That all OF which said vested
interests OF estates in said farm
$50 created by the will of saiI
William Irvine, deseased). were
subject to be diveateI by the cE-
ercise of the limited right or pow
er which was intended 10 be and
was created by the said language
Of the said VIM. NJ. Irvine, de
ceased, in his said will and given
as Intended by him 10 hissaidwile
Elizabeth S. Irvine, to approve,
alter or change the said interests
or estates Is to the extent thereof
or as to the doneeS thereof; ana
5. That at the death Of Eliza
beth S. Irvine the titles to sail
interests or estates in said farm
SO created by the said VIM. N. If
vine, remained vested the same
as at the date of the death OF said
VIM. NJ. Irvine, except that tie
said d. Irvine White. ST. IS ell
titled TO the present possession
and enjoyment thereof, subject to
any valid lease or rental made b.
Elizabeth S. Irvine to 4. !. House
during her life time; and
6. That said John w Crooi,e
be enjoined and restrained from
in any manner interfering wit
or further clouding this petition
er's and cross claimants title
said farm, and from further at
tempting to mingle the said farm
or any interest therein or pro-
ceeds therefrom with the true as
sets of the estate of Elizabeth S.
Irvine. deceased: and
T. That the said document ex-
hibited and alleged to be the said
last will and testament of the said
S. Irvine. deceased. Is
void as to and Intellectual to pass
he title to any real estate or in
terest or right or title therein, To-
Gated in the state of Missouri.
And said cross petitioner and
,ounter-clainant prays for all =
other and further orders and de-
,rees and relief as he may be i'll
equity and good conscience EMIT
ed to, together with his costs
herein expended, and a reasonable
Allowance for his attorneys fees
incurred by him in the premises.
DAVID /. WHITE,
Defendant, Cross Petitioner and
ter-Claimant.
JOHN holland.
Attorney of record for David I.