Last Will and Testament of Thomas L. ROBERTS

Know all men by these presents that I, Thomas L. ROBERTS of Beattyville Kentucky do hereby make and publish this my last Will and Testament hereby revoking all previous Wills made by me and codicils to all wills.

First - I hereby devise and will to my beloved wife Ibbie ROBERTS an estate for a term of years begining with the date of my death and ending on the 27th day of August 1923 in the following described lot and improvements thereon which lot is situated in the town of Beattyville KY and bounded as follows: - Beginning at a hickory on the East line of Arlington Street corner to the E. M. PRYSE lot:  thence S. 63, E. 41 1/4 feet to a double Sycamore tree standing near West of the lower Stufflebean Creek;  thence S. 24 E with the David PRYSE lot. 99 feet to a stone:  thence with said line S. 39 1/4 E. 82 1/3 feet to a stone:  thence S. 4. W. 108 feet to the Iron Bridge across said Creek;  then N. 47 1/2 W and with the abutments of said bridge 20 1/2 feet to the corner of the platform;  thence N. 27 W. 11 feet to the corner of the old Saloon building now on said lot on the N. line of Main Street;  then with said line of Main Street in front of said building S 88 W 21 feet to the East line of Arlington Street:  thence with the East line of Arlington Street to said Hickory stump the place of begining.

In the event my Grandson Wm. Thomas EAGER is living on the 27th day of August 1923, I will and devise said lot herein above described to him in fee it being my will and purpose to give and will to my wife Ibbie ROBERTS, the use of said property, and the rents and profits arising therfrom untill my said Grand-son William Thomas EAGER shall arrive at the age of 21 eyars and to give to him said property in fee when he arrives of age.  In the event my said Grandson Wm Thomas EAGER shall died without issue before the expiration of the term herein above mentioned, I will and bequeath and devise the said property in remainder to the children of the body of my daughter Ellen EAGER, who may be living on the 27th of August 1923, and in the event any of said children shall die before said date leaving issue, such surviving child or shall have the share in said property that would have gone to their or her parent were living.

Second:  I Will and devise to my Grand daughter Chester EAGER my farm in Madison County known as the Garrison farm, situated on the Waters of Drowning Creek and being the farm purchased Lewis GLOVER.  In the event of the death of my said Grandaughter Chester EAGER before she arrives at the age of twenty one years, leaving no issue, I Will and devise said farm to the heirs of the body of my daughter Ellen EAGER.

Third:  All the household and kitchen fruniture bedding and other furniture now in and used in and in connection with the the [sic] Roberts Hotel in Beattyville including the entire furnishings of the Hotel is the property of my wife Ibbie ROBERTS, and is no part of my estate and that there shall be no question as to the owner ship of this property.  I hereby devise that same shall be delivered to her absolutely without appraisement and that executor make ono appraisement, or inventory of same.

Fourth:  I hereby will and devise to my freind O. H. POLLARD Trustee in trust for the use and purpose herin after provided my land on the waters of Sturgeon Creek in Lee County Kentucky and being The same lands purchased by me of C. F. FALLEY and said tract containing about 800 more or less and I also devise to him as trustee all other lands not mentioned in this Will of which I may be ?seized.  I hereby empower him to sell and convey said lands and pass title thereto by conveyance wherever in his judgement ?val of same is expedient and I hereby direct and will that the funds arising from the sale of said lands shall be invested by my said trustee in some good interest bearing securities.  The principal of said trust fund shall be kept inviolate and to be held in trust untill the younges child o my said daughter living at the date of my death shall arrive at the age of Eighteen years.  I direct my said trustee to pay the income or interest derived from said trust fund as the same matures as follows:  To wit.  One half to my daughter Ellen and in the event of her death during the existence of said trust the one half of her income shall be paid to the heirs of her body if any such heirs be living, but if no such heirs be in existence then and in that event the same shall be paid to my wife Ibbie ROBERTS.  I direct that my said trustee pay the other half of the income to my wife Ibbie and in the event of her death during the existence of said trust I hereby devise and bequeath the half of said income herein devised to my said wife to my daughter Ellen and in the event of her death to the heirs of her body.  When the youngest child of my daughter Ellen now living shall arrive at the age of Eighteen said trust shall be disolved and my said trustee shall divide the principal of said trust fund equally between my wife Ibbie and my daughter Ellen, one half to each.  If both be living.  In event  of my wifes death before said date, at which I have herein set for the desolving of said turst fund, shall be paid to my daughter Ellen, if she be living, and in the event of her death before said date the same shall be paid to the heirs of her body.  In the event of my siad wife and daughter both be dead, and there be no heirs of the body of my said daughter Ellen then living I direct that the siad trust fund be divided equally between my legal heirs and the legal heirs of my said wife.  I hereby appoint said O. H. POLLARD my trustee for the purpose and with full power and authority to carry out the provisions of the trust herein provided for.

Fifth:  I Will and bequeath the remainder of my personal estate including notes Mortgages and money in bank as follows, namely one half thereof to my beloved wife Ibbie, absolutely to use and dispose of as she pleases, the other half thereof I bequeath and Will to my wife Ibbie in trust for the use and benefit of my daughter Ellen and the issue and heirs of her body as follows.  I appoint my wife Ibbie ROBERTS trustee of said estate and hereby direct that she invest the said one half of my personal property, notes accounts Mortgages and money in bank in some good interest bearing securites, the same to be held by her in trust for the use and benefit of my said daughter Ellen and the heirs of her body as herein provided.  The said securities to be held in trust by said trustee until the youngest child of daughter Ellen living at the date of my death shall become eighteen years of age at which time said securities and trust fund shall be delivered and given to my daughter Ellen absolutely to do with as she pleases if living and if she be dead at said date the same shall be given and delivered to the heirs of her body if any be living, if none such heirs be living at said date then I will that the whole of said trust fund and securities be given to my wife Ibbie.  I will that the income of said trust fund hereby placed in the hands of my said trustee Ibbie ROBERTS be paid to my daughter Ellen as it matures and in the event of her death to the heirs of her body and in event of death of said Ellen and all her heirs during life of said trust, I desire that said trust fund to the property of my wife.

Sixth:  I hereby appoint my beloved wife Ibbie ROBERTS executrix of my said estate and I hereby direct that in ?winding - of my said estate she take the counsel and advice of my faithful Attorney O. H. POLLARD and I further direct that no investment of funds uner the Fifth section hereof shall be made until same be approved by said O. H. POLLARD.

In Testimony Whereof I have hereunto set my hand this the 10th day of November 1906

            his
Thomas L. X ROBERTS
           mark

Attest.
H. B. HASKINS

The foregoing will of T. L. ROBERTS was this day read to him in our presence and signed and acknowledged by him in our presence and our names were subscribed at the same time as witnesses in his presence.
This November 10th 1906

A. B. HASKINS M. D.
John EVANS

State of Kentucky
County of Lee

I D. B. PENDERGRASS Clerk of the Lee County Court, certify that the foregoing Will of Thomas L. ROBERTS, Deceased, witnessed as above was on the 28th day of Jan 1907 (It being a Regular Term of the Lee County Court) produced in open Court and offered for probate as the last will and testament of T. L. ROBERTS deceased.  The same being proven by H. B. HOSKINS one of the attesting witnesses as shown by order in Order Book 9 Page 230 was ordered filed and admitted to record.  Whereupon the same and this my certificate have been duly recored in my said office.

Given under my hand this Jan 29th 1907

D. B. PENDERGRASS Clerk
 
 

 

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