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

By the following language en-
ployed by her, to-wit: .
In the year 1916 | was mar
ried to my first cousin. VIM. NJ.
Irvine, being of sound mind on
this June 1st. 1915. [ make and
subscribe to this last will and
testament. rcvoking all other
wills. | am empowered by my
husband, VIM. M. Irvine's last
will and testament, to make
any change in that instrument
| might desire and | shall pro-
coed to do in this writing .
1t is my will that | make D.,
Irvine White. of Huntsville,
Ala. and John w. Crooke. of
Richmond. Ky, my executors
of this my last wilt. 1t is
my will that there shall be no
49,. sale of my estate. And
now my task is done. | have
made changes in my husbands
last will. Such changes, how
ever, as | am empowered BY
that instrument to make. OF
these changes he and myself
had consulted, and | am salts
fled those [ have made would
meet with his hearty approval
1t is my will that | make
William Irvine Grecnway my
residuary legatee.
And by language of her alleged
will the said Elizabeth S. Irvine,
intended not to exercise her said
power to approve or alter or
change or to otherwise dispose OF
said farm or of the interests or
estates therein created and given
by the will of VIM. M. Irvine, de
ceased. and'intended his said gifts
to stand and remain as he had
made them and concerning which
he and she had cons ulted-and
she intendedrto make no changes
other than those concerning
which he and. she had consulted.
and from which consultations she
knew would meet with his hearty
approval. i'i.,t 4 ..-.;.
1. Said cross petitioner is in
formed and believes and from
such information, and belief states
the fact to be. that at the date
of the death of the said Elizabeth
S. Irvine, November Is, 1920. the
only property which she had re-
Ceived from her said father David
Irvine, under his said will. and
that stood at that time in her
name in fet, was the three lots III
Kansas City, Mo, described as lots
IS, Block 20. Ashburn' Addition
and lots l and 2 Block 6, Ash
burns Addition, and the stocks
and bonds i'll which she had in
vested the proceeds of her sale
of all of the balance of said pro
perty which she had so received
from her said father; and that all
of the said fifteen heirs of the
said David Irvine, deceased, as
such, have the right to elect
they will make claim
tor the amount of said receipts OF
sales of said property as a Just
lebt against the personal proper
y assets of her estate, which the
said cross petitioner now saws IS !
now in the hands and possession
If the said defendant, John ". !
-rooke.
Wherefore, said David |. White. !
# Kanass City, Mo-, the cross pc
itioner and counter-clair1ant
herein prays the Honorable Court
o find by its orders and DEGREES
lerein-
l. That all of the persons made
defendants to this cross petition
md counter-claim are proper and I.
necessary parties defendant, and
hat they be required to plead to
n answer this petition and coun-
er-claim; and,
Z. That all of said fifteen nam
d heirs at-law of the said David
rvine be required by their ans
yer or answers to elect whether ,
r not they will claim, subject to
II equitable and legal defenses, !,
he said property acquired by til
aid Elizabeth S. Irvine with tho
aid proceeds of her sales of sait',
received by her under
he will of her said father, David
irvine, or whether they will make !;
lain for the amount of said re-
eipts of sales of said property as
just debt against the personal, /
roperty assets of her estate in
ands of her executor, if the
ourt finds that the said Elizabeth I
Irvine has such EXECUTOR;