Will and Testament of
Daniel W. Churchill
Editor's Note: Daniel Webster Churchill, son of Leonard H. Churchill, Grandson of Charles Belden Churchill Sr. (the first)
FIRST, I order and direct that my Executor
hereinafter named pay all my just debts and funeral expenses as soon after my
decease as conveniently may be.
SECOND, After the payment of such funeral
expenses and debts, I give, devise and bequeath unto my wife, Caroline L.
Churchill, all of my property, both real and personal, wherever situated, to
have and to hold for and during her natural life, meaning and intending thereby
to create a life estate therein.
THIRD, after the death of my said wife, I
order and direct my said Executor to sell and convert into cash all of my
personal property, except all my livestock, hay, seed, and grain located on my
said farms, and the net proceeds derived from said sale, I give and bequeath as
follows:
(a) To my son, LEONARD
A. CHURCHILL, one-half (1/2) thereof;
(b) To my
granddaughter, AUDREY L. YARNELL, one-fourth (1/4) thereof; and
(c) To my
granddaughter, RUTH E. YARNELL, one-fourth (1/4) thereof.
FOURTH, Subject to said life estate, I
give, devise and bequeath unto my son, LEONARD A. CHURCHILL, all my real estate,
wherever located, and all of my livestock, hay, seed, and grain located on said
real estate, to have and to hold as his absolute property forever, subject
however to the payment of the following bequests:
(a) To my
granddaughter, AUDREY L. YARNELL, I bequeath the sum of Four Thousand
($4,000.00) Dollars;
(b) To my
granddaughter, RUTH E. YARNELL, I bequeath the sum of Four Thousand ($4,000.00)
Dollars’
which said bequests are hereby made a lien
on my said real estate, and shall be paid within one (1) year after the death of
my said Wife, or in case she should predecease me, then within one (1) year
after my death.
Lastly, I make and constitute and appoint
my said son, LEONARD A. CHURCHILL, to be Executor of this, my Last Will and
Testament, hereby requesting and directing that no surety be required on his
Bond as such executor.
I hereby revoke all former wills and
codicils by me made.
IN WITNESS WHEREOF, I have hereto
subscribed my name this 17th day of April, in the year of our Lord,
One Thousand Nine Hundred and Forty-five (A.D. 45).
Signed: Daniel W.
Churchill
The foregoing instrument was, on the day
of the date thereof, signed, sealed, published and declared by the said DANIEL
W. CHURCHILL, as and for his last will and testament, in the presence of the
undersigned, who, at his request and in his presence and in the presence of each
other, have hereunto subscribed our names as witnesses thereto, and we do hereby
certify that at the time of the execution of said will, the said, DANIEL W.
CHURCHILL, was of sound and disposing mind and memory and understanding and
under no restraint.
Witnesses: E. L.
Weber, Betty Irwin.
Will admitted to Probate and Record this
23rd day of January 1950, _______,
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