Will and Probate for Clara A. Scott

Wayne County, Indiana, April 21, 1902⁶⁴⁹⁸

LAST WILL AND TESTAMENT; of Clara A. Scott, formerly of Richmond, Indiana, now of Dansville, Livingston County, New York.

I, Clara A. Scott, of Dansville, Livingston County, New York, being of sound and disposing mind and memory, do make, ordain, publish and declare this to by my last Will and Testament in manner and form following, that is to say:

First,— I direct the payment of my just debts, if any, funeral expenses and expenses of administering upon my estate.

Second,— I give, devise and bequeath to my sister Alice J. Mitchell my house in Plymouth, Grafton County, New Hampshire, together with the farm upon which said house stands, as described in the deed of said house and farm to me.

Third,— I give and bequeath to my nephew G. S. Robie of Richmond, Indiana, my life insurance policy for $700.00 in the Connecticut Mutual Life Insurance Company together with the sums due or to grow due therein.

Fourth,— I give and bequeath to my sister Martha G. Windslow, provided she is living at the time of my death, my Old Church Candle Sticks and in case of the death of Mrs. Windslow prior to my own death, then and in that event, I give and bequeath the same to my sister Maria L. Towan.

Fifth,— I give and bequeath to my sister Maria L. Towan my sealskin coat, provided she shall be living at the time of my death and in case of the death of my said sister Maria L. Towan prior to my death, then and that event, I give and bequeath the same to my sister Alice J. Mitchell.

Sixth,— I give and bequeath to my sister Sarah Grace Fiske my Indian Cashmere Shawl and all my other articles of clothing of every description I give and bequeath to my sister Maria L. Towan and Alice J. Mitchell to be divided between them in the manner following; Maria L. Towan to have the first choice and Alice J. Mitchell the second and so on in rotation until the whole of the said articles of clothing are chosen.

Seventh,— All the rest, residue and remainder of my property and estate, both real and personal and wheresoever situate (excepting my wearing apparel, jewelry, household furniture, bric-a-brac, pictures and paintings), I give, devise and bequeath to my executors hereinafter names, in trust nevertheless, to sell and convert the realty into money, and said executors, the survivor or survivors of them, are hereby given full power and authority to sell and convey the same, and to distribute and divide the proceeds of such real estate and my said personal property so devised and bequeathed in trust, as follows, viz: To pay and transfer to my sister Martha G. Windslow, of Norwood, Mass. one-fifth of my stock in the Gaar-Scott Company of Richmond, Indiana, also one-fifth of my stock in the Wayne Works of Richmond, Indiana, also one-fifth of my stock in the Second National Bank of Richmond, Indiana, and also one-fifth of my stock in the F. & N. Lawn Mower Company of Richmond, Indiana, my present holdings in such stock being Five Hundred (500) share in the Gaar-Scott Company, One Hundred twenty-five (125) share in the Wayne Works, One Hundred twenty-five (125) shares in the Second National Bank of Richmond, Indiana, twelve and one (12 1/2) shares in the F. & N. Lawn Mower Company of Richmond, Indiana, also to pay out of said trust funds to said Martha G. Windslow such a sum in addition thereto as with the one-fifth of the stock hereinabove given her, estimated at its par value, will make the sum of $20,000.00.

Also to pay and transfer to my brother William J. Robie, of Richmond, Indiana, one-fifth of my stock in said Gaar-Scott Company of Richmond, Indiana, one-fifth of my stock in the Wayne Works of Richmond, Indiana, one-fifth of my stock in the Second National Bank of Richmond, Indiana, and also one-fifth of my stock in the F. & N. Lawn Mower Company of Richmond, Indiana, also to pay out of said trust funds to my said brother William J. Robie, such a sum in addition thereto, as with the one-fifth of the stock hereinabove given him, estimated at its par value will make the sum of $40,000.00.

Also to retain in their hands one-fifth of my stock in the Gaar-Scott Company of Richmond, Indiana, also one-fifth of my stock in the Wayne Works of Richmond, Indiana, also one-fifth of my stock in the Second National Bank, Richmond, Indiana, and also one-fifth of my stock in the F. & N. Lawn Mower Company of Richmond, Indiana and in addition thereto a sum sufficient with said one-fifth interest of the stock hereinabove mentioned, estimated at its par value, to make the sum of $36,000.00 and to pay the net income of said stock and other personal property, the amount herein last above mentioned to my sister Maria L. Towan of Waltham, Mass., for and during the term of her natural life and upon the death of said Maria L. Towan to pay $15,000.00 of said trust funds to my niece Gertrude Boothby and 415,000.00 thereof to my nephew Fred R. Towan and in the case of the death of either or both of said two last named persons prior to that of said Maria L. Towan leaving lawful issue him or her surviving, such $15,000.00 of said trust funds to go to such lawful issue per stirpes and in case of the death of either said Gertrude Boothby or Fred R. Towan before that of Maria L. Towan leaving no lawful issue him or her surviving, then and in that event, the share so going to such person so dying, without leaving lawful issue, shall be divided equally between Marth G. Windslow, William J. Robie, Sarah Grace Fiske, Alice J. Mitchell, Edwin L. Wood, and the survivor of said Gertrude Boothby and Red R. Towan, or between the survivor or survivors of the whole of said last named seven persons equally, share and share alike; the net income on the remaining $6,000.00 of said trust funds to be paid annually to Joseph G. Towan during his life after the death of said Maria L. Towan and upon his death prior to that of Maria L. Towan or upon his death after the death of said Maria L. Towan the principal of said $6,000.00 with any accumulated interest then remaining shall be paid to and go to said Gertrude Boothby and Fred R. Towan to be divided between them equally and in case either of said Gertrude Boothby and Fred R. Towan should die before the death of said Joseph G. Towan leaving lawful issue him or her surviving, then and in that event the share so going to her or him shall go to such lawful issue per stirpes and in case either said Gertrude Boothby or Fred R. Towan should die before the death of said Joseph G. Towan, leaving no lawful issue her or him surviving, then and in that event upon the death of said Joseph G. Towan the whole of said $6,000.00 shall go to and be paid to the survivor of said Gertrude Boothby and Fred R. Towan.

Also to pay and transfer out of the said trust funds to my friend Edwin L. Wood, now of Dansville, New York, the sum of $30,000.00 as and for his sole and separate property and estate and in case said trust funds shall be insufficient to pay said bequests hereinabove directed to be paid out of the same in full, then and in that event said bequests and the whole of the same are to be reduced ratably and in proportion.

If any balance of said trust funds remain in the hands of my executors and trustees hereinafter named, then and in that event, I direct that the same shall be retained by my said executors and the net income and profit thereof be paid annually to my friend Amand B. Poe for and during the term of her natural life or until her marriage and at her death, or upon her marriage, the entire balance of the principal of said trust funds with all accumulated interest unpaid thereon shall go to and be paid to my six legatees, viz: Martha G. Windslow, William J. Robie, Sarah Grace Fiske, Alice J. Mitchell, and Edwin L. Wood to be divided between them equally, share and share alike, and if any of six legatees should die before the death of said Amanda B. Poe, then and in that event said principal of said trust funds with any accumulated interest be divided equally between the survivors of said six legatees hereinabove named.

Eighth,— I give and bequeath my three pictures, known as "Plymouth Elm", "Neapolitan Boatman" and "Castle of Chillon" to my friend Dr. Edwin L. Wood of Dansville, New York.

Ninth,— All of my remaining pictures I give and bequeath to my sisters Martha G. Windslow, Maria L. Towan, Sarah Grace Fiske, Alice J. Mitchell and my brother William J. Robie and my friend Helen L. Dougan to be divided between them according to priority of age, viz: The oldest of said persons to have the first choice of my remaining pictures and the next one the second choice and so on in rotation until the whole are taken.

Tenth,— Should I be living at the time of m death with Dr. and Mrs. Edwin L. Wood, then and in that event, I bequeath to them all of my furniture, bric-a-brac and household furniture including bed and table linen, in the house in which I am then living with them, excepting my old Church Candlesticks and the other specific articles hereinabove bequeathed; but if I should not at the time of my death be living with them, then and in that event I give and bequeath all of my household furniture, household utensils, bed and table linen to my surviving sisters and brother the same to be divided between them by the oldest one taking the first choice of the same, the next in age the second and so on in rotation until the whole of the same is chosen.

Eleventh,— I give and bequeath to my sister Mrs. Martha G. Windslow one of the large diamond stones in the double diamond ring now worn by me.

Twelfth,— I give and bequeath to my sister Sarah Grace Fiske one of the large diamond stones in the double diamond ring now worn by me.

Thirteenth,— I give and bequeath to my sister Maria L. Towan my Bar Pin with Soltaire Diamond in the same.

Fourteenth,— I give and bequeath to my sister Alice J. Mitchell my Soltaire Diamond ring set in Platinum.

Fifteenth,— I give and bequeath to Clara H. Allen my diamond cluster pin.

Sixteenth,— I give and bequeath to Edith Windslow Willett my old Mine Stone Diamond Ring.

Seventeenth,— I give and bequeath to Grace B. Robie my ring set with three diamonds.

Eighteenth,— I give and bequeath to Gertrude Boothby my cluster ring with Sapphire.

Nineteen,— I give and bequeath to my friend Helen Dougan my ring set with a ruby and two diamonds.

Twentieth,— I give and bequeath to Alla Robie my pearl cross and my chain with Amethysts and Lrognon.

Twenty-first,— All the rest, residue and remainder of my furniture, bric-a-brac, bed and table linen, jewelry and household utensils, excepting such furniture, bric-a-brac, household furniture, bed and table linen as may be in the house occupied by me with Edwin L. Wood and his wife at the time of my death, if any, and such as has been hereinbefore specifically bequeathed, I give and bequeath to my six legatees hereinabove mentioned, or the survivors of them, to wit: Martha G. Windslow, Mara L. Towan, William J. Robie, Sarah Grace Fiske, Alice J. Mitchell, and Edwin L. Wood to be divided between them in the manner following, viz: The oldest of said persons to have the first choice of the same, the second in age the second choice and so on in rotation until the whole of such property is taken.

Twenty-second,— If anything remain of my property and estate of any name or nature after the distribution hereinabove made, I give, devise and bequeath the same to my sisters Martha G. Windslow, Maria L. Towan, Sarah Grace Fiske, Alice J. Mitchell, my brother William J. Robie and my friend Edwin L. Wood, or to the survivor or survivors of them, to be divided between them equally, share and share alike.

Twenty-third,— I direct my executors and trustees herein mentioned to invest the trust funds left in their hands, excepting the stocks specifically left to them in trust, upon first mortgage security in the United Sates of America or in Government Bonds provided such mortgage securities cannot be obtained.

Likewise I make, constitute and appoint my brother William J. Robie, my brother-in-law, Francis O. Windslow, and my friend Edwin L. Wood to be executors of this my last Will and Testament, hereby revoking all former Wills by me made and I hereby direct that my said executors and trustees, nor any of them shall not be compelled or required to give bonds as such in any event whatever.

In witness whereof I have hereunto subscribed my name and affixed my seal on the 10th day of July in the year of our Lord one thousand nine hundred.

Clara A. Scott