Le Flore County Oklahoma American History and Genealogy Project

Le Flore County Wills and Probate Files

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Last Will and Testament of Gerhard H. Witte

I, Gerhard H. Witte, of the city of Poteau, being of sound mind and memory, and considering the uncertainty of this frail and transitory life, do therefore make, publish and declare this to be my last will and testament, thereby revoking and cancelling all other or former will by me at any time made.

1. I direct the payment of all my just debts, funeral and testamentary expenses.

2. I give, devise and bequeath unto my beloved wife, Nellie Witte, during her natural life, all my real property, of which I may die seized or possessed and wherever situate and after her death the remainder estate to go in equal parts to my two sons, Leo A. and Frank B. Witte to their own use and behoof forever.

3. To my son, Leo A. Witte I give a bequeath Eight (8) shares of bank stock, of the First National Bank of Poteau, Oklahoma, of the par value of One Hundred ($100) Dollars each.

4. To my son Frank B. Witte I give and bequeath Eight (8) shares of bank stock, of the First National Bank of Poteau, Oklahoma, of the par value of One Hundred ($100) Dollars each.

5. To my beloved wife, Nellie Witte, I give and bequeath all the rest, residue and remaining of my personal property, of whatever kind and wherever situated, to have and to hold and to dispose of the same according to her own free will and accord, subject only to the reservations and recommendations hereinafter mentioned and contained.

It is my desire that my interest in the business and affairs of the firm of Witte and Company at Hodgens, Oklahoma, be sold and disposed of at the earliest time, however giving due regard, at all times, to the interest of Mr. Claud Beasley.

6. I therefore direct that my interest in the firm of Witte and Company be sold to the best advantage, and the proceeds derived therefrom be reinvested as hereinafter provided.

It is also my wish and desire that my Cameron Bank Stock, my interest and stock in the Poteau Lumber and Manufacturing Company and the Poteau Light and Ice Company, be sold as soon as a fair cash consideration can be had therefor and the proceeds derived therefrom be reinvested as hereinafter provided.

7. I therefore direct that my Cameron Bank Stock and my interests and stock in the Poteau Lumber and Manufacturing Company and the Poteau Light and Ice Company be sold, or otherwise disposed of for cash and the proceeds derived from the sale thereof, together with the proceeds derived from the same of my interest and affairs of the firm of Witte and Company of Hodgens, Oklahoma, be safely and conservatively invested upon bonds secured by mortgage unpon real estate or in such other first class securities as my executrix and executor many deem best and the interest and profits arising therefrom to be used towards the education and maintenance of our two children, namely, Leo A. and Frank B. Witte.

And I furthermore desire and recommend that any other investment which I may have at the time of my death, shall be managed, dispoed of or held by my wife as she sees fit and deems to the best interest of herself and our children.

(8) I hereby appoint and designate my wife, Nellie Witte, as Executrix without bond of this my last will and testament.

(9) I also hereby appoint and designate my friend, H. J. Fowler, as Executor of this my last will and testament to act in conjunction with my said wife, and to advise and counsel her upon, about and regarding each and everything necessary in carrying out the provisions of this my last will and testament, the said H. J. Fowler to act for a period of three years and longer if so requested by my said wife, then and after wich time, my said wife to be sole executrix of this my last will and testament, and my said executrix and executor herein designate and appointed have directions to carry out the provisions of this my last will and testament with full power to make any and all arrangements, settlements or compromises in settling any of the partnership or other business in which I may have or hold an interest at the time of my death.

In witness whereof, I, Gerhard H. Witte, have to this my last will and testament consisting of three (3) typewritten pages of paper, subscribed my name this the 24th day of October, A.D., 1908.

(signed and sealed) Gerhard H. Witte

Subscribed by Gerhard H. Witte in the presence of each of us, the undersigned, and at the same time declared by him to us to be his last will and testament, and we, thereupon at the request of Gerhard H. Witte, in his presence and in the presence of each other, sign our names hereto as witnesses this the 24th day of October, A.D., 1908.

P. C. Bolger, Poteau Oklahoma
Vene Bloomer, Poteau Oklahoma
Eben L. Taylor, Poteau Oklahoma

(Endorsed) #806. Last Will and Testament of Gerhard H. Witte of Poteau, Oklahoma. Filed, Poteau, Oklahoma, May 12, 1909 Pat W. Lane, Clerk of County Court

[note: probate filed May 12, 1909 in Poteau]







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