W. S. Haviland,
WILL.
KNOW ALL MEN BY THESE PRESENTS: That I, Williams S. Haviland, of Harrison County, Kentucky, have made and do hereby make, publish and declare my last Will and Testament, in manner and form following.
FIRST: I direct the payment of my lawful debts and funeral expenses as soon as practical after my death.
SECOND: I give to my Daughter, Bettie Miller of Hood County, Texas, Twenty five Hundred dollars, and my Gold Watch, and Gold Spectacles and Silver Pitcher, marked “R. S. Haviland from N. M. Florer, April 24, 1858.”
THIRD: I give the balance of my Estate Real and Personal to my Wife Mary Ellen Haviland for her proper use and benefit, during her natural life, and after her death, to be equally divided between my son, Charles B. Haviland, and my son Robert S. Haviland and My Daughter Mrs. Carrie, wife of J. Kirk Sims, of Harrison County, Kentucky.
FOURTH: In the event any money or property comes to my Estate after my death, I desire it be equally divided between my Wife, Mary Ellen Haviland, Robert S. Haviland, (and my children, Charles B. Haviland and Bettie Miller, handwritten) and Carrie Sims, share and share alike; In making this division, my Executrix and Executor will deduct Five per cent from the amount of said money or property and retain it for collecting and disbursing same.
LASTLY: I nominate and appoint my Wife Mary Ellen Haviland and my Son Charles B. Haviland, sole Executrix and Executor of this my last Will and Testament, hereby revoking all other or former Wills made by me, and direct that no official Bond or Bonds or security be required of them.
In testimony whereof, I have hereunto set my hand and seal, this 12th day of August 1896.
William S. Haviland, (SEAL)
The foregoing instrument consisting of one sheet of paper was at the date thereof signed, sealed, published and declared by the said testator as and for his last Will and Testament in the presence of us and each of us, who at his request and in his presence and in the presence of each other have hereunto subscribed or names and residences as witnesses,
Orie Lebus, Cynthiana, Ky.
J. S. Withers, Cynthiana, Ky.
FIRST Codicil to my foregoing Will.
If Joe Snodgrass continues to live with me until my death, I give him fifty Dollars.
If Franklin Dunn continues living with me until my death, I give her fifty Dollars.
William S. Haviland
Attest:
L. S. Williams
R. S. Withers
SECOND: Codicil to my foregoing Will.
To protect the interest of my Daughter Mrs. Bettie Miller, I do hereby nominate and appoint my Nephew, J. Robert Poindexter in addition to my wife, Mary Ellen Haviland and my son, Charles B. Haviland, to be Executor of my foregoing Will and Testament, and direct that no Official
Bond or Bonds or Security be required of him, done this September 1, 1902.
William S. Haviland
Third codicil to my foregoing Will.
In addition to the above mentioned Twenty five Hundred Dollars, I give to my Daughter Mrs. Bettie Miller Five Hundred Dollars, making her part of my Estate Three Thousand Dollars, this January 25th, 1906.
William S Haviland
Fourth Codicil to my foregoing Will
In addition to the Twenty Five Hundred ($2500.00) dollars given Bettie Miller (my Daughter) in the foregoing Will and in addition to the Five Hundred ($500.00) Dollars given her under the third codicil of the foregoing Will, I now give her an additional Two Thousand ($2000.00) dollars, making in all Five Thousand ($5000.00) dollars to her in cash, and to be paid as follows: Four Thousand ($4000.00) dollars in cash immediately after my death, and One Thousand ($1000.00) Dollars to be paid her when my farm is sold by my Executrix or Executor. If the farm is not sold during the life of my wife ( M. E. Haviland), then the aforesaid One Thousand ($1000.00) dollars is to be paid to my daughter, Bettie Miller, now of Alters, Okla, immediately after the death of my wife, (M. E. Haviland).
I want at least Five Hundred ($500.00) dollars and not to exceed one Thousand ($1000.00) dollars to be expended on the erection and purchase of a plain monument to my grave, the same to be taken from the proceeds of the sale of my farm, the remainder to be divided as specified in the foregoing will.
The part of my estate which may go to Mrs. Carrie Sims, is to be paid to my son, Charles B. Haviland, and to be held by him in trust for her use and benefit, and in order to better carry out my wishes in the matter, I direct him to purchase a house and lot in Cynthiana, Ky., and to pay not exceeding Two Thousand ($2000.00) dollars for same and the balance of the money coming to Mrs. Sims is to be put out at interest and the interest is to be paid to her annually, during her natural life, and at her death all her property is to go to her children and to be equally divided among them.
Before the execution of this (the 4th Codicil) I have stricked out codicils Nos. One (1) and Two (2) in the foregoing Will, and neither of said codicils are to be considered in the settlement of my estate. This September 16, 1907.
Willian S Haviland
Attest:
Orie Lebus
J. S. Withers
R. H. Conway.
Fifth Codicil to my foregoing will.
All assistance in shape of money rendered to or given to my son, Robert S. Haviland by my son Charles B. Haviland is first out of my Son Robert ‘s part to be paid to Charles, Charles is now giving some of his money to Robert at my direction and in accordance with my wishes. The remainder of the estate going to Robert or all the part going to Robert is to be put In Charles’ hands as trustee, and of the part he is to invest the sum of not exceeding fifteen ($1500.00) dollars in a house and lot in Cynthiana, Ky. for Robert’s use, and the balance coming to Robert is to be invested or lent by Charles & the interest accruing from same is to go to & to be paid to Robert during his natural life, and at his death all the property so given him by me is to be equally divided
among his children
W. S. Haviland.
Signed by W. S. Haviland in our presence & at his request, we have signed this in his presence of each other, this May 1, 1908.
Lawson J. Oxley
Harry Bailey.
State of Kentucky,
Set.
Harrison County Court. Regular March 1914 Term. 18th day. April 11, 1914.
C B. Haviland
On
Probate of Will of W. S. Haviland.
WHEREAS, on the question of the probate to the will of W. S. Haviland, deceased, and its varoins codicils thereto had begun in this Court on April 10th, 1914, the propunders introduced the subscribing witnesses thereto, and other witnesses to prove the handwriting of testator, and the subscribing witnesses thereto of the said will, and it’s said codicils to establish the validity of the execution of same, and then came R. S. Haviland and Carrie Sims, contestants, and introduced certain witnesses against the said will, contesting so much of codicil No. 4, written September 18th, 1907, as entailed the share of the said Carrie Sims, and placed the same in trust of C. B. Haviland, trustee, and the said contestants also contested codicil No.5, relating to the share of the said R. S. Haviland in the said estate, and on both of which codicil the said contestants Introduced various witnesses, and then rested their case, and the said propounder declined to introduce any evidence in rebuttal. Came, then C. B. Haviland, R. S. Haviland, Mrs, Battie Miller and Mrs. Carrie Sims, the only children and devisees under the said will and said codicils and Charles Sims, the only child of the said Carrie Sims, and filed in Court their written acknowledged agreement wherein they agreed that so much of the said clause in the said codicil No. 4 relating to the share of the said Carrie Sims be set aside, and that the whole of codicil No. 5 of date May 12, 1908, be set aside and the will and codicils as thus modified, be probated, and the case being on said agreement end on the request of all of the said parties, submitted.
It is ordered that the said paper offered in evidence be, and the same is hereby probated as the last will and testament of W. S. Haviland, deceased, except that the whole of codicil No. 5, of date May 12, 1908, be rejected, and all of the following clause in codicil No. 4 be rejected, viz:-
” The part of my estate which may go to Mrs. Carrie Sims, is to be paid to son Charles B. Haviland, and to be held by him in trust for her use and benefit, and in order to better carry out my wishes in the matter, I direct him to purchase a house and lot in Cynthiana, Kentucky, and to pay not exceeding Two Thousand ($2000.00) Dollars for same and the balance of the money coming to Mrs. Sims is to be put out at interest is to be paid to her annually during her natural life, and at her death all her property is to go to her children to be equally divided among them.”
The said will and codicil thus modified, is now probated as the last will and testament of W. S. Haviland, deceased, and ordered to record as such, which in now done accordingly, this 13th day of April, 1914.
AGREEMENT
W. S. Haviland Heirs.
WHEREAS, the hearing of the evidence in the will case of W. S. Haviland, deceased, in the Harrison County Court has been about completed; and, WHEREAS, none of the legatees and devisees are satisfied with the provisions of the two codicils to-wit:
Creating Trustees for Mrs. Carrie Sims and R. S. Haviland, for the reasons of the complication that will be occasioned thereby, and the further fact, owing to the onerous position that the said trust would entail upon the Trustees, and the further fact that the aid Trustee named in the will, to-wit: C. B. Haviland, could not act as such owing to the state of his health, that is, Trustee of said parties, and Executor of the said W. S Haviland’s will. for fear of conflicting interests and had heretofore informed said devisees that he would decline to act as Trustee, and the further fact that the cost and expenses of litigation in regard thereto would result in the expenditure of a great amount of money, in cost and expense of litigation between said devisees.
Therefore, we think it is for the best interest of all the parties interested, to probate the will of the said W. S. Haviland, deceased, and all the codicil except number five (No. 5) and that portion of number four (No. 4) entailing the property devised to Mrs. Sims and creating a trust for her.
It is, however, distinctly understood that Mrs. Bettie Miller is to get the $5000.00 as provided in the said will and C. B. Haviland is to be appointed Executor to the said three devisees, to-wit: C. B. Haviland and R. S. Haviland and Mrs. Carrie Sims, is to be equally divided between them after the said legacies of the said Mrs. Miller is paid to her, as provided in said will and none of the heirs of the W. S. Haviland, deceased, are to be in any way responsible for any part or parcel of the said estate, beyond his or her equal portion thereof or the amount devised to the said Mrs. Miller, now is the Executor of the said estate to be responsible for any greater portion thereof than is devised to the said Haviland’s children under his said will and this is to be a final adjustment and settlement of all the matters and things relating In any manor whatsoever to the said estate of the said Haviland, deceased.
The legatees of the said Haviland have requested the said Executor, C. B. Haviland, to Executor house as his said Executor. And have agreed to comply with said request at the cost of said estate, including the proportionate cost of Mrs. Miller. Witness out hands and signatures this the 11th day of April 1914.
C. B. Haviland
Mrs. Bettie Miller
R. S. Haviland
Carrie Sims
C. B. Sims
State of Kentucky,
Set.
County of Harrison.
I, W. R. Curle, Clerk of the Harrison County Court, certify that the foregoing Instrument of Writing, purporting to be an Agreement among the heirs of W. S. Haviland, deceased, was on the 11th day of April, 1914, produced to me In my office and signed and acknowledged before me by C. B. Haviland, Bettie Miller, R. S. Haviland, Carrie Sims and C. B. Sims, to be their act and deed, and then ordered to be recorded, which, together with this certificate, is now done, this 13th day of April, 1914.
Mary Ellen Haviland, dec’d.
Agreement of the Heirs, & Partial Renunciation of Will.
This is to certify that we, the undersigned, children of the late Mary Ellen Haviland, deceased, and the same parties mentioned in her will, dated April 24th, 1908, in order to bring about a more prompt, satisfactory and peaceable settlement and distribution of the estate of the above mentioned, Mary Ellen Haviland, do hereby agree to revoke and set aside that clause in the above mentioned will which refers to the entailing of each child’s part of the estate of the said above mentioned Mary Ellen Haviland to.wit:- “But the same is to be invested in real-estate in the name of my said children, to-wit: – the interest of each child for his or her interest for life, and at
the death of my said children then the interest of each is to go to the children of such dead child, and should any of my said children die without any child or children surviving such child, then in that event the said interest of the said child is to go to the next of my kin. My three children are named as follows: C. B. Haviland, R. S. Haviland and Mrs. Carrie Sims.” The remainder of the said above mentioned will to remain in full force and effect and to be carried out as the law directs.
C. B. Haviland
R. S. Haviland
Carrie Sims.
This is to certify that we the undersigned, being the only grand-children of the above mentioned Mary Ellen Haviland, dec’d, and being interested in her estate, do hereby retify the above agreement, and relinquish all out rights and Interest in and to the estate of the said above mentioned Mary Ellen Haviland, deceased,
Nellie J. Fields
Jessie F. Haviland
Robt. 0. Haviland
C. B. Sims.
State of Kentucky
Set.
County of Harrison.
I, W. R. Curle, Clerk of the Harrison County Court, certify that the foregoing instrument of writing war, this day lodged 1u ny office, and ordered to be recorded, which is now done, this 25th day of April, 1914,