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Will of Delphia DEANS, 1911
Posted by G. Hunter Ferrell <email@example.com> on Wed, 07 Jul 1999
Surname: BARNES, DEANS, DICKINSON, ELLIS, GRAHAM, MONTGOMERY, WHITE
Will of Delphia Deans
I, Delphia Deans, of the county and State aforesaid, being of sound mind and disposing memory, but realizing the uncertainty of this life, do hereby make, publish and declare this to be my last will and testament as follows:
1st. It is my will and desire that my executors herein named shall give to my body a decent burial, and out of the first moneys coming into their hands and belonging to my estate to pay all my just & lawful debts.
2nd. Subject to the conditions of management hereinafter mentioned, I give
and devise to my son, Isaac Daniel Deans, that lot or parcel of land situated in
Taylors Township, county and state aforesaid, known as the four and one-tenth
acre lot on the southeast side of the road in front of my home place, and more
particularly described as follows:
3rd. I give and devise to my daughter, Chelly Graham, a one-third undivided interest in and to the residue of my land lying on the northeast side of the road joining the lands of Peninah Montgomery, W. H. White and others, containing 46 acres more or less. To have and to hold the one-third undivided interest for the term of her natural life, and after her death I give and devise the said land to her children, if any she have living at her death, but if she would die without issue or heirs then I give the said land to her brother and sister, Elvira White and Isaac Daniel Deans.
4th. I give and devise a one-third undivided interest in and to the last mentioned tract of land to my daughter, Elvira White, to have and to hold for the term of her natural life, and after her death, I give the said land to her children, if any she has at her death, but if she should die without issue or heirs, then I give the said land to her brother and sister - - Chelly Graham and Isaac Daniel Deans.
5th. I give and devise to my son, Isaac Daniel Deans, a one-third interest in and to the last mentioned tract of land. To have and to hold the same for the term of his natural life, and after his death I give the said land to his children, if any he should have, but if he should die without issue or heirs, then I give the said land or interest to his sisters – Elvira White and Chelly Graham.
6th. It is my will and desire that whereas my son, Isaac Daniel Deans, is now in the State Hospital for the insane, that my daughter, Elvira White, shall have the control and management of the lands or interest in the same herein given to the said Isaac Daniel Deans, after my death until he shall be discharged from the said hospital and be adjudged by the authorities thereof to be competent to manage his own estate, and she shall rent out the said land or interest therein and use the rents and profits thereof for the benefit of the said Isaac Daniel Deans or his estate.
7th. It is my further will and desire that all of the lands herein given or devised except the 4 1/10 acre lot give to Isaac Daniel Deans, shall be rented by my daughter, Elvira White, after my death, and that the rents and profits of the said land shall be divided in the same proportion as the land itself is divided as above set forth, and that they shall not have the said land divided.
8th. It is also my will and desire that no waste shall be committed on the said land by the life tenants, but that the same shall be preserved and protected by them for their children.
9th. It is also my will and desire that where either of my children, the said Chelly, Elvira or Isaac Daniel dies, his or her children shall receive his or her part of the rents and profits thereof.
10th. I give and bequeath to Isaac Daniel Deans all of my personal property of every kind so long as he shall live, the same to be managed by my daughter, Elvira White, above mentioned, for his benefit after my death in the same manner as the real estate.
11th. I hereby give and bequeath to my beloved daughter, Polly Ellis, the sum of Five Dollars only.
12th. I hereby appoint Elvira White and Chelly Graham executors of this my last will and testament.
In witness whereof, I hereunto set my hand and seal this the 5th day of Oct. 1911.
Delphia (her X mark) Deans (Seal)
Signed, sealed and delivered by the said Delphia Deans to be her last will and testament in the presence of us, who at her request and in her presence of each other do subscribe our names as witnesses thereto.
(signed) O. P. Dickinson
I renounce my right to qualify as Executor of the foregoing will.
(signed) Chellie M. Graham
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