Clay County Wills and Probate Files
LAST WILL AND TESTAMENT OF CHARLES LIMBREY
In the Name of God, Amen:
I, Charles Samuel Limbrey, a resident of Topeka, Shawnee County, Kansas, aged eighty-three years and upwards, and being of sound mind and disposing memory, do make, publish and declare this my last will and testament in manner following, to wit:
FIRST: It is my wish and will that all my just debts, expenses of my last sickness and funeral expenses be fully paid. It is my further wish and will that my body be laid to rest in the north end of the Limbrey lots, where they join the alley leading to the Brown lots in the Vining Cemetery; one mile west of Vining, Washington County, Kansas, and it is my will and desire, that as soon after my burial as practicable that my executor, hereinafter named, see that there is erected at the head of my grave a plain soldier's marker of stone with my name, rank, company and regiment engraved thereon.
SECOND: I give and bequeath unto my son, Charles Samuel Limbrey, whose residence is R. F. D. #3, Clifton, Kansas, Three Thousand Dollars worth of Liberty Bonds, owned by me and deposited for safe keeping with the bank of Topeka, Topeka, Kansas.
THIRD: All the rest, residue and remainder of my property whether real, personal or mixed,and wheresoever situated, of which I may die seized or possessed, or in which I may have an interest or am entitled to, or of which I shall have power to dispose of by will, I give, devise and bequeath unto The Prudential Trust Company, a corporation, of Topeka, Kansas, In Trust, for the use and benefit of my daughter, Selina Jane Limbrey, of Vining, Clay County, Kansas, as hereinafter set out; during her natural life time;
As soon as the administration of my estate shall be closed in the sense that proceedings thereon in the Probate Court shall be necessary, the said trustee shall take charge of all my residuary estate, wheresoever situate, and shall convert into money for investment as soon as such conversion can be accomplished without substantial loss or injury to my estate such property as shall not already be invested in good interest bearing securities and forming my residuary estate, and to that end I authorize The Prudential Trust Company, Trustee or its successor in trust, at any time or times to sell the whole or any part or parts of my residuary estate either together or in parcels and either by public auction or private contract, and upon such terms and subject to such conditions, and in such manner in all respects as it shall think fit, with power to buy in, or rescind or vary any contract for sale, and to resell without being responsible for loss, and for the purposes
aforesaid to execute all such deeds, assurances and things as it shall think fit, to the end that said trustee or its successor in trust shall invest the residue of my estate in securities being suitable for investment of trust moneys, giving unto my said trustee or its successor in trust power to vary or transpose such securities into, or for others of any nature at it s discretion, and I expressly direct that my executor and trustee are not to be responsible or liable for or charged with any loss or depreciation that may arise from such securities or any other securities forming part of the trust created hereby, and I empower them to make investments and re-investments of trust moneys in such other securities besides those recognized by law as they may think proper.
In order that my said daughter shall enjoy a comfortable living out of my residuary estate, it is my wish and will and I hereby direct and authorize my said trustee or its successor in trust to pay over semi-annually the net income derived from all investments in said trust, unto my daughter Selina Jane Limbrey, and so much of the principal of said investments as said trustee shall deem necessary for the proper care and support of my said daughter, leaving the matter entirely at the discretion of my said trustee or its successor in trust as to how much of said principal may be necessary to keep said Selina Jane Limbrey comfortably during her natural life time, and if in the discretion of said trustee my said daughter shall need any part of the principal before the semi-annual period arrives, in order to keep her living comfortably, I instruct said trustee or its successor in trust at its discretion to pay over unto my said daughter such sum or sums of money as in the judgment of said trustee seems proper.
At the death of my daughter, Selina Jane Limbrey, I give and bequeath such balance of said trust funds remaining in the hands of The Prudential Trust Company, trustee, or its successor in trust, unto my son, Charles Samuel Limbrey, it being my will and desire that he the absolute owner thereof, and I hereby authorize and direct my said trustee or its successor in trust to pay such remainder of said trust funds as remain at the death of my daughter, Selina Jane Limbrey, unto my son, Charles Samuel Limbrey, after said trustee has deducted all fees and charges that have become due said trustee or its successor in trust for handling; this trust.
Said trustee shall receive and accept as its compensation for the management of my residuary estate as aforesaid three per cent of the annual income derived from said estate, and it shall render to said beneficiary an annual verified statement in writing, showing all receipts and disbursements during the year for which any such statement shall be made, together with a list and description of all assets of the estate on hand.
It is my wish and will that my wife, Sarah M. Limbrey have none of my property whether, real, personal or mixed, for the reason that we, my said wife and myself, have heretofore on April 30th, 1909, entered into a post-nuptial agreement, by which she has received and accepted her share of my property,which agreement is in full force and effect.
I hereby nominate and appoint The Prudential Trust Company of Topeka, Kansas, Executor of this my last will and testament and especially emphasize my desire that it cause the administration of my estate insofar as Probate Court proceedings thereon shall be necessary to be closed at the earliest practicable date after I shall have passed away, to the end that as such executor it may speedily turn over to itself as such trustee as aforesaid all the residue of my property in its hands or under its control as executor.
I hereby revoke all former wills by me made.
In witness whereof I have hereunto subscribed my name to this my last will and testament, consisting of two typewritten sheets this 8th day of October 1918.
(signed) CHARLES SAMUEL LIMBREY
Signed, sealed, published and declared by the above named testator, as and for his last will and testament in our presence and we at his request, in his presence, and the presence of each other have hereunto subscribed our names as attesting witnesses this 8th day of October, 1918.
Witness: D. A. Wolf, of Topeka, Kans.
Witness: John E. Kirk, of Topeka, Kans.
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