Will of George W. Calmes
|Last Will and Testament of George W. CALMES
I, George W. CALMES of Evelyn, Lee County, Kentucky being of sound mind and memory and considering the uncertainty of life, do hereby mame, publish and declare this to be my last will and Testament.
I, am the father of thirteen children, to wit: George W. CALMES Junior, William Bruce CALMES, Simon Bolivar CALMES, John Randolph CALMES, Marquis CALMES, I. DeWitt Talmage CALMES, Nancy White CALMES, Kenton Kavanaugh CALMES, La Fayette CALMES, Robert Lee CALMES, Francis Joseph CALMES, Henry Clay CALMES, and Jesse CALMES, each and all of whom are my legal heirs.
First. It is my will that my legal debts and my funeral expenses be paid as herein after provided.
Second. I have heretofore expended for and advance to my son, George W. CALMES, junior, more than five hundred Dollars, no part of which has been repaid to me and I hereby chage the same to him and acquit him of the same and it is my will that he take nothing more from my estate and that he shall not share in the distribution of my estate as the amount so advanced and expended exceeds what his share of my estate would be.
Third. I give and bequeath to my sons, Robert Lee, CALMES, Frances Joseph CALMES, Henry Clay CALMES and Jesse CALMES, the sum of two hundred dollars each, to be paid as herein after provided, which sums shall be the only part of my estate to which they or either of them shall be entitled.
Fourth. I give and bequeath all the rest, residue and remainder of my estate, including my real estate wherever situated, my personal property, my mixed property, choses in action and all property of every kind and character, to my children, William Bruce CALMES, Simon Bolivar CALMES, John Randolph CALMES, Marquis CALMES, I. DeWitt Talmage CALMES, Nancy White CALMES, Kenton KAVANAUGH CALMES and La Fayette CALMES, to be by them taken share and share alike.
Fifth. If any of my said children, Robert Lee CALMES, Francis Joseph CALMES, Henry Clay CALMES or Jesse CALMES should die before my death bearing surving child or children, the said surviving child or children of any of my said sons? children, who may die before me shall take the share of the parent who may so die before me; but if any of my said son children should die before my death or after my death and before the payment of the legacies bequeathed in the third provision of this my will, leaving no surviving children, the one or ones so dying without children shall take nothing and that share so devised shall become and be a part of my estate and be divided as provided in the fourth provision of this will; but it is my will that no surviving wife of any of said four named sons shall ever take anything from my estate.
Sixth. If any of my said children, William Bruce Calmes, Simon Bolivar CALMES, John Randolph CALMES, Marquis CALMES, I. DeWitt Talmage CALMES, Nancy White CALMES, Kenton Kavanaugh CALMES or La Fayette CALMES, should die before my death, leaving surviving child or children, the said surviving child or children of my said eight named children who may die before my death shall take the share of the parent who may die before me; but if any of my said eight named children should die before my death or after my death, having no surviving children the one or ones so dieing without children shall take nothing from my estae and the share so devised shall become and be a part of my estate and be devided among the surviors of my eight children names in the fourth provision and in this the sixth provision of this my will; but it is my will that no surviving wife or husband of my said eight named children shall ever take anything from my estate.
Seventh. I have full and complete confidence in the honor, integrity and ability of my son, William Bruce CALMES, and I hereby nominate and appoint him executor of this my last will and testament and I direct that he be qualified as such without any bond of any kind.
Eighth. I hereby nominate and appoint my son, William Bruce CALMES, gurdian of all my children, who may be under the age of twenty-one years of age at the time of my death which guardianship shall continue during their minority, and which guardianship shall be the estates of said infants and of their custody care nurture and education.
Ninth. I direct my said executor to first pay out of my estate all taxes owning by me at the time of my death and all my legal debts and my funeral expenses and that he place or cause to be placed of my grave a headstone or monument to cost not more than fifty dollars.
Tenth, I direct my said executor to pay to my sons, Robert Lee CALMES, Francis Joseph CALMES, Henry Clay CALMES, and Jesse CALMES, without interest and within two years after my death the sum of two hundred Dollars Each, this being the amount bequeathed to each of them in the third provision of this my will.
Eleventh. It is my will that my taxes, my legal debts, my funeral expenses, my headstone and the four two Hundred Dollars bequests to my four sons named in the third, fifth and tenth provisions of this my will, shall be paid by my said executor our of my personal estate and I hereby empower him to reduce my personal estate to cash and in order to do this I hereby direct and empower him to sell any of my personal property he may desire either at public or private sale at such price as he may see fit, and to collect any debts that may be due me and prosecute or defered any actions pending in any court, instituted by or against me, or to compromise same as may in his judgement be best; and, if after my said personal estate is reduced to cash, the same may be found insufficient for said purposes, I hereby empower my said executor to rent or lease any part or all of my real estate for a period not exceeding five years from the date of my death and callect and conpensation there for and apply the same as in this provission provided; but if any personal estate when reduced to cash and the rental conpensation provided be indufficient for said purposes, I hereby authorize and empower my said executor to sell any part of my real estate which he may deen necesary to raise sufficient money for said purposes and empower him to sell and convey said land and execute a conveyance or conveyances then for, as fully and complete as I can do my self.
Twelfth. I hereby give to my said executor full power to carry out all the provisions of this my will and if the powers herein expressed should be deemed insufficient, I hereby give him full power and authority for all purposes as fully as though specified herein.
In witness Whereof, I have hereunto subscribed my name and affixed my seal the ninth day of February, in the year of our Lord one thousand nine hundred and fourteen.
George W. CALMES
The above instrument was subscribed by the said George W. CALMES in our presence, and acknowledged by him to each of us; and he at the same time declared the above instrument, so subscribed, to be his last will and testament, and we of his request, have signed our names as witnesses hereto, in his presents and in the presence of each other, and written opposite our names our respective places of residence.
J. E. JONES Beattyville, Ky.
State of Kentucky
R. C. PORTER
The above certificate was signed R. C. PORTER, Clerk and compared with the original Will and corrected Lee County Court by me as his successor in office in compliance with Section 509 Kentucky Statutes. This the 11th day of April 1921.
J. B. HIERONYMUS Clerk
By J. B. HIERONYMUS, Clerk
In margin of Will Book 1
By J. B. HIERONYMUS, Atty. in fact
(unreadable) having been paid _____ Wm Bruce
CALMESis _______ released.
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