Richmond daily register. (Richmond, Madison County, Ky.) 1917-1978, 1921-03-26
The Daily Register Richmond County, Kentucky Saturday March 2 1927,
extent thereof or as to the donees


perty therein was that both he
and his wife should not die intes-
tate as to his estate or as to any
part thereof, and that his whole
estate, upon his wife's death,
should go either to the objects of
his bounty or to the objects of
her bounty, and that neither his
nor her hsirs-at-law, as such.
should inherit his property. With
the general intention of carrying
out his said fixed purpose as
aforesaid, he, in the clause of his
will which makes provision for
his wife and which is made up
from and includes the following
language of his will to-wit -
1t is my will that my wife,
Elizabeth S. Irvine, shall have
all of my estate, real and mix
ed, and personal, as my sole
heir, and [ do hereby appoint
her my Executrix, and request
that the Court of the County
shall not require any invento-
ry of my estate or any seCuri-
ty on her bond as Executrix
Of this my last will. In the
event however that she, my
wife, dies intestate and with
out making any disposition of
my estate then | provide that
my estate shall be divided as
follows. ..... Now by way
of explanation, | make all OF
above legacies subject 20 the
approval, alteration, or change
in part or the whole, of my
wife, Elizabeth S. Irvine, ex-
cept the legacies to my half
brother, John S. Harris These
l require to be paid at her
death; .. ..
the said VIM. NJ. Irvine. inten-
tionaliy avoiding giving, devisins
or bequeathing his property i'll
fee to his said wife, knowing that
were he to give the fee to his said
wife, her heirs would inherit the
same in the event she died inte-
state without making any dispo-
sition by will thereof. which
would be contrary to his fixed
purpose as aforesaid. Said VIM.
M. Irvine provided for his wife a
gift, the character of which was
was the sole and exclusive pos
session and enjoyment of all of
his property for her life, coupled
with limited right to exercise
the limited power to approve or
alter or change the schedule of
his gifts of ali his property~t to
take effect in remainder over. up
| on her dying inestate and with
out exercising said power by al
tering or changing his said gifts
and ldisposing of the subject mat
ter thereof, Or ally part thereof,
to the objects OFF her bounty.
Said William nj. f1fvine's inten75
tion. Expressed BY the said Ian
guage of his will was that all of
his gifts over. in remainder, of
all his estate" we're not subject
to any other or further disposi-
ton by his wife. the first taker
than that disposition clearly pro-
vided for by his said will in the
language appointing her his cx-
ecutrix and empowering her to
approve or alter or change his
gifts. The gifts by the said viii
liam NJ. Irvine of said interest or
estate in his said farm was and is
a valid testamentary gift. At
the time of his death both VIII
liam NJ Irvine and his wife had
large separate estates. She bad
40 particular need of the corpus
Of his estate. He, however, de-
sired her to enjoy the dominion
over his property. as well as the
revenue and use thereof during
her life. Neither William M.
Irvine nor Elizabeth S. Irvine
had any living descendants at
the time of his death or at the
time of her death. nor at such
times did they or either of them
have any dependent relatives orr
members of their household. All
the heirs of said Elizabeth S. If
vine are her collateral kin. The
said gift of the farm by the said
William NJ Irvine to this petit
toner. David |. White. of Kan
sas City, is the only gift provid-
ed for in either his will or i'll her
alleged will. in which these two
people. or either of them. ex-
pressed wish or provided for
any consideration or act to be
be done or performed by any do
nee of their many and valuable
gifts, amounting to Four Hun
bred Thousand Dollars. ($4OOOOO)
IN of o,,1 go, thai,