No. 94. The High Will in the Form of a Letter. Dear Brother, it has become my painful duty to call upon to inform my distant relations of my dying request; and it is owing to the kind and brotherly treatment I have received from that I am not now in my grave; and I request him to notify you of my last wishes. I wish you, my brother ... ... ...... to make use I give and of the money I left with you as your own. grant it to you. And my watch I leave to your wife. Dear Brother, I began the voyage in the hopes of obtaining my health, and after all the kind and friendly attention I could receive on the passage, I arrived safe at Then I went on shore, but finding the climate wet, and the prospect all against me, I concluded to remain with and go farther south. And now, at this place, although all has been done for me possible, I am fast falling away; and I still remain with for I should soon die on shore, and have all the attention I can ask or wish. I had a Doctor at and he told me he could do nothing for me; and I have had a Doctor here, and he ordered me to remain on board the ship, saying that I would get no attention on shore, and the expenses are very high. Dear brother, has done all for me that any man could do, and I am happy to know that you will feel satisfied that I found a friend in my last and trying moments. has given me friendly and christian counsel, and I hope I have profited by it, and am prepared to meet my Saviour in the world above, where all is peace and rest. I know that I have been a great sinner, and I look to Christ for pardon and acceptance. I have long been thoughtless, but now I feel there is no hope but in Christ. O, take warning from me, and turn to God, who will abundantly pardon. O give my dying words to all that are dear, and tell them to turn to Christ. And, my dear Brother, put not off the evil day until it be too late. O comfort my dear and aged Father, and see that he does not want for any thing during life. Tell him I thought of him until the last. And now, dear Brother, I have given all things into the charge of ..... -my papers and all my effects-to do and act as he thinks. best. My note of $.... due to me in I have lent to for ........ ... years from the date of the note, if he will collect it, for his great kindness to me during the time I have been with him, and in all my illness, and wish you to take his note for the same. And now, dear Brother, I bid you farewell. Witness to signing, (Signed) No. 95. A Will Not Naming Beneficiary. I. This will was sustained in the Circuit Court for Macomb County on the authority of the case, In re Harrison, Turner v. Hillard, 30 Law Reports 390. This will and authority was kindly furnished us by Mr. William H. Wetherbee, of the Detroit Bar. of and State of ... in the county of being of sound mind and memory, do make, publish and declare this to be my Last Will and Testament, in manner following, viz: First, I will and direct that all my just debts and funeral expenses be paid in full. Second, I give, devise and bequeath all my real and personal property, of which I am possessed, viz: and, I hereby appoint of county, my husband .... my executor of this my Last Will and Testament without bond. Lastly I hereby revoke all former wills by me at any time made. In witness whereof, I have hereunto set my hand and seal ... and state of ... in the county signed the of .... foregoing instrument in our presence, and declared it to be her Last Will and Testament, and as witnesses thereof we do now, at her request in her presence and in the presence of each other subscribe our names. Palms v. Palms, 68 Mich. 356. Devise of the income to children for life, although embraced in a single paragraph, is, by the well-settled construction of similar clauses, a devise to each in severalty of a life-estate in one-half of the property. I hereby give, devise, and bequeath all my property to trustees and in trust for the uses and purposes following, to wit: 1. To collect all rents and other moneys owing to my estate; to sell, lease, repair, and improve any of my property; to invest and re-invest the proceeds thereof in lands in the city of... and interest and dividend paying securities; and to do all acts and to pay all necessary expenses for the care, protection, and management of my estate that I might do if alive. 5. To pay, semi-annually, one-half of the net income of my estate to my son, other half to my daughter during his life, and the during her life. 6. Upon the death of my son, to pay one-half of the principal of my estate to his children, in equal portions. If no issue survive him, then the same to be paid to the children of my daughter upon her death. 7. Upon the death of my daughter, to pay one-half of the principal of my estate to her children, in equal portions. If no issue survive her, then the same to be paid to the children of my son upon his death. 8. Upon the death of either of my children leaving no issue, the entire net income of my estate shall be paid to my surviving child during his or her life. 9. If any of my grandchildren die before their father (he being my son), or before their mother (she being my daughter) leaving issue, such issue shall be entitled to the share of such grandchild. 10. The share of any grandchild who may be a minor upon the death of his father (he being my son), or of his mother (she being my daughter), shall remain a part of said trust-estate, and under the management of said trustees, until such child shall be of age. In that case said trustees shall make such allowance as to them may seem proper for the support and education of such grandchild. 11. I hereby appoint as trustee of my estate, to fill the vacancy which may be made by the death, resignation, or incapacity of either of my said trustees, giving him the same interest and estate, and the same power and authority, as is hereby given to the trustees first herein named. 12. If either of my children contest this, my will, and seek to have the same declared invalid, such child shall receive no portion of my estate, and in such case I direct that the whole net income thereof be paid to my other child during his or her life. Signed and declared by the said as and for his last will and testament in the presence of us (both being present at the same time), who, at his request, in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses. |