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


NJ Irvine.
She died intestate as to and
without making any DISPOSE
ton of the farm at Richmond.
Ky. belonging to the estate
+ of William M. Irvine and with
out making any alteration,
change or disposition of the
interest or estate in said farm
the gift to David Irvine White.
Jr., under the will of William
NJ Irvine.
And it resulted that at the date
of the death of Elizabeth S. If
vine. the title to the farm at Rich
mond, Ky, that belonged to VIM.
NJ. lrvlnc), was vested the same
as at he date Of the death of VIM
Nj. Irvine, except that David Ir-
vine White. Sr.. is entitled to the
present possession and enjoy
'mcnt.
The cxecutrix OF William NJ.
Irvine. deceased. was fully and
finally. discharged. as such long
prior to her death, and thereby
any and all power vested in her as
eNecutriN was extinguished. Al
ter the date of the death of the
said Elizabeth S. Irvine, tO-wit !:
November Is, 1920, any and all
power to approve or alter or
change the vested interests or cs-
tates created by her said husband
in said farms was also extinguish-
ed. Said Elizabeth S. Irvine made
no disposition of the estate of
! William NJ. Irvine, or any inter
est therein, except under the linn
tied powers given her by the viii
of VIM NJ. Irvine. the said Eliza
beth s. Irvine, did intend to dis
pose OF certain items Of her hus,
! bands estate, but only in the eNr
press and specific execution of the
said power given her by her saio
husk and to alter or change his
! said gifts over and which intend,
ed changes by her were as fol
lows. tp-wit:
+, She changed her gifts of the
shares, of stock in the Second an' I
First NATIONAL Banks, of Rich.
1nond. Ky, from his donees, VIM
IL. Grcenway. "Soonie" Shelby anc
Newton *. White, Willie. |. Shell
by. Fannie Shelby. a:1d John S /
Harris by her gifts of the same,
property or proceeds thereof. tC
Willie l. Shelby. Fannie Shelby
Matthews, Irvine Patton. O. B
Patton, and Lucy M. White; and
she changed his gifts of the resi-
dence "IrvintOn,' and furniture
therein contained from his donee
Alice w. Greenway and William
|. Greenway, by her partially
void gifts of the same property to
! the Kentucky Medical Society
the City of Richmond. Susan P
Bennett. and r. w. Miller; and
she changed his gifts of lot thir
teen, block twenty, and lots one
and two, block six, all in Ash
burns Addition to Kansas City~I
Mo. from his donees "Soonie"
Shelby and Newton *. White, by
her void gifts of the same proper
ty to the Medical Society of Ken
lucky, Shelby l. White and Shell |
by |. Patton, respectively. These
were the only alterations or
changes which the said Elizabeth
). Irvine made in the testament
airy gifts of William NJ Irvine
These changes and alterations by
her disposed of every item Of pro-
perry in her said husbands estate
III her possession at the time of
her death; all other items of his
estate were either worthless hadi
passed out of existence, or had
been disposed of by her as his
executrix. excepting the farm
hereinbefore referred to, which
said farm she did not mention or
refer to throughout the forty
seven pages Of her alleged will.
This farm was the largest and |
most valuable single item in both
the estate of VIM. M. Irvine and I
Elizabeth S. Irvine, and lies with !;
in a mile of the residence where
she lived 81 years, Elizabeth S.
Irvine did not expressly mention
or refer to either David Irvine n
White, of Huntsville, Ala, or this
cross petitioner, David l. Whitet
of Kansas City Mo-, or VIM. I. {
Greenway, in connection with the {
changes she intended, desired, at {
tempted or did make, nor did s
by her language, either expressly I
or by implication, SO refer to c
them or either of them, as the