Will Book 4

1880 - 1889

Page 354 I, Susan Crutcher of the County of Franklin, State of Kentucky do  hereby make and publish this my last will and testament and do hereby revoke all former wills by me made. First, All my just debts are to be paid. Second, My Executor, who will be hereafter named will select a lot in the Frankfort Cemetery in a locality I will privately advise him of to be conveyed to him as my Executor and held in trust for the purposes I now indicate.  On this lot my own remains are to buried no matter where I may die, and in it I desire the remains of my two deceased babies to be buried by my side, my babe, Lizzie Lagow, is now buried near Palestine, Illinois.  S. B. Allen of Robinson, Crawford County, Illinois will see to the disinterment, and shipment of Lizzie's remains to my Executor. My babe, Pearl Crutcher is now buried in my late husbands lot in Frankfort Cemetery.  S. B. Allen, who will have renewed the fence around the burial lot near Palestine where my first husband is buried. The expense of all this will be paid by my Executor, who is charged with the duty of seeing that my wishes in respect thereto are carried out.  In addition to these expenditures, I direct that ($1500) Fifteen hundred dollars be used in procuring and erecting a monument on the lot to be purchased in the Frankfort Cemetery and in curbing such lot; Also this I leave to the taste of my Executor, but on the monument he will cause some suitable memorial to be included of David H. Lagow, my first husband.  My last husband has already a suitable memorial. Third, I desire to the President and Directors of the Frankfort Cemetery Company and their successors in trust to be paid them when my estate is settled ($300) Three hundred dollars, which sum and its profits and proceeds from time to time are to be invested and reinvested and so much of the net income arising therefrom as may be necessary used in repairing and keeping in repair the lot and monument in said cemetery before provided for. Fourth, I desire and bequeath to my niece and namesake, Sudie Eleanor Chenault of Richmond, Kentucky, my set of Walnut furniture now in Orlando, Florida to be taken by her when the cottage is sold. Fifth, I give and bequeath to my namesake, Sudie Crutcher, daughter of Luther Crutcher, my piano. Sixth, I give to my nephew, Fred Ballard ($100) One hundred dollars with which to purchase a watch as a memento of me. Seventh, I give to Mrs. Agnes Ballard, my niece my diamond ring. Eighth, My clothing and personal paraphernalia not otherwise disposed of, I give to Sudie Eleanor Chenault, my niece. Ninth,  I give and bequeath to the Board of Directors of the Church Extension Fund of the Christian Church of which Frank Raines of Topeka, Kansas is Secretary, the sum of ($500) Five hundred dollars the said bequest is for the benefit of the General Christian Missionary Convention whose headquarters are in Topeka, Kansas-it is to be used solely for the spread of the Gospel of Jesus Christ under the direction of its Board of Managers, but it is my wish that it shall be applied to the use of the Christian Church at Orlando, Florida free from interest for such reasonable time as said Board may deem proper and upon such reasonable security as it my require if it shall deem it advisable to require any security. Tenth, I devise to William H. Lagow, during his life in trust for the benefit of his family with remainder to his children other than Clark Lagow, if he have a child or children at the time of his death, other than said Clark, Sudie if none, then to Clark Lagow ($200) Two hundred dollars to be used for providing a home for his family during his life, and not subject to his or their debts, the said sum to be paid to Wilson H. Lagow when my estate is settled. Eleventh, I devise to my brother, Frank Daniel and Mrs. Lucy Morton Wilmore in equal . If I own the same at my death my tracts of land (4) forty acres more or less in Rattle Snake Lake, near  Longwoods (80) eighty acres on Lake Davies (?) and about (120) one hundred and twenty acres in Chuliato (?) all being in Orange County, Florida. Twelfth, I devise my Orange grove of (15) acres fifteen or (20) twenty acres of land on Lake Ivanhoe in Orange County, Florida to my sisters; Mrs. Lucy Morton Wilmore, Mollie Alexander Ella Elenore and my brother Frank Daniels, my niece Mary A. Ballard and my nephew, Theodore Harvey, the first four named and undivided on fifth each and the last two to have jointly one fifth of said tract of land and Orange Grove thereon. Thirteenth, I devise my father's portrait to my said sister, Lucy Morton Wilmore and also direct that (50) fifty dollars per year to be paid for her three years after my death if she shall live so long. Fourteenth, I nominate and appoint John B. Lindsey, Esqr. of Frankfort, Kentucky the Executor of this will and direct that he be permitted to qualify as such without bond or surety in each state in which it may be necessary to qualify and I direct that he be allowed as Commission (5) five per..... On all my estate that my come to his hands and be credited with such expenditures and Attorneys fees as he may incur - at his discretion in  carrying out the provisions of this will and in addition thereto I give and bequeath to him the sum of ($1000) One thousand dollars as an evidence of my appreciation of the kind services he has heretofore rendered me. Fifteenth, I confer upon my said Executor full and complete power to sell at public auction or by private sale any and all my estate real or personal not herein specifically disposed of, and to convey the same to purchasers.  This power includes my Warehouse lot on Main Street in Frankfort, Ky and my interest in the Chattanooga property held by the Frankfort Syndicate and the ... Beach Cottage in Walusia County, Florida and my interest in lands belonging to me in Indiana and elsewhere not herein specifically devised. Sixteenth, After the foregoing provisions of this will and the provisions that follow are carried and completed with, the residue of my estate such as I now own or may hereafter come to me or my Executor after being converted into money is to be equally divided between my nieces and nephews, Annie Elenore Wills, Ella Elenore Cobb, James Elenore, Mrs. Sudie Elenore Chenault, Mrs. Mary Agnes Ballard, Theodore Hervey, Will Haydon and Hal Haydon. Seventeenth, In addition to the foregoing special bequests, I give to Henry Long Para?, son of Capt Jas. B. Y. Lelia Pasa? ($100) One hundred dollars, the same to be paid to his father or mother and by him or her, invested for his benefit until he becomes twenty one years of age. In testimony, whereof I have hereunto affixed my signature and acknowledged this paper to be my last will and testament this the 15th day of November 1894. Mrs. Susan A. Crutcher Signed and acknowledged in our presence and witnessed by us upon the special request of the testatrix, Mrs. Susan A. Crutcher, this day and date above written: N. P. Cochran J. L. Stephens W. Hampton Caldwell State of Kentucky Franklin County, Franklin County Court, January Term, January 7, 1895 A writing purporting to be the last will and testament of Susan A. Crutcher, deceased was this day produced in open Court and proven by the oaths of W. Hampton Caldwell and N. P. Cochran in manner as follows the sealed envelope containing said writing was opened by the Hon. B. G. Williams, Judge of this Court and thereupon said W. Hampton Caldwell having been duly sworn and interrogated as a witness stated on oath that the said Susan A. Crutcher was a widow over twenty on years of age and a citizen and resident of Franklin County, Kentucky at the time she made her said will and testament at the date of her death, was temporarily in Lexington, Kentucky under medical treatment that she died at Lexington, Kentucky on Wednesday, December 19th, 1894 that this witness was said Susan A. Crutcher's physician at and for some time before she executed the writing refered to and she was on November 15th 1894 and during the witnesses acquaintance with her of sound and disposing mind and that on said November 15th, 1894 said Susan A. Crutcher produced the writing of said date purporting to be her will and testament now in Court and in the presence of this witness and the other two subscribing witnesses she declared the same to be her last will and testament and she at that time on said date in the presence of this witness and of N. P. Cochran and J. L. Stephens the other subscribing witnesses there to signed the said writing as such will and this witness and said Cochran and Stephens at her request and in her presence and in the presence of each other at that time attested said will and her signature thereto and subscribed our names as such attesting witnesses thereto in her presence and the presence of each other and the writing referred to and the said signatures are the same now before this Court as her said last will and testament and the said N. P. Cochran being duly sworn and interrogated as a witness state on oath that he was present in Lexington, Kentucky on November 15th, 1894 at the house of Mrs. Ballard, 107 North Upper Street where the writing purporting to be the last will and testament of Susan A. Crutcher now before this witness in Court was executed, that Mrs. Susan A. Crutcher was a widow over twenty one years of age and at the time temporarily in Lexington where she died about December 19th, 1894 that on said November 15th, 1894 said Susan A. Crutcher was of sound mind and disposing mind and memory and on said date she produced said writing in the presence of this witness and of Dr. W. Hampton Caldwell and J. L. Stephens the other subscribing witnesses thereto and declared the same to be her last will and testament and she then in our presence signed the said writing as such will and at her request and in her presence and in the presence of each other this witness and said Caldwell and Stephens the other two subscribing witnesses at the time attested the said will and her signature thereto and subscribed our names as such attesting witnesses thereto in her presence and in the presence of each  other and at her request the same sealed up by this witness in the envelope which was opened here in Court by the Judge this day.  And the said writing is now declared and adjudged to be the last will and testament of said Susan A. Crutcher and ordered to be filed and recorded as such.  And, thereupon John B. Lindsey, who is named in said will as the Executor thereof appeared in Court and as provided in said will was duly qualified and sworn as such Executor without bond or surety whereupon said will and said order of probate and qualification of the Executor named therein is duly recorded in my office. N. B. Smith, CFCC