Posted by Cathy Gowdy on Thursday, March 30, 2006 at 11:10:07 :
Marin County Tocsin
Saturday, October 14, 1899
Wormouth’s Will Bequeathes a Third of his Estate to Charity
Louis H. Bonestell, a Prominent San Francisco Attorney, is Named as Executor
In the name of God amen, I, Ebenezer Wormouth, of Marin County, State of California, of the age of seventy six years, and being of sound and disposing mind, acting wholly of my own free will, and not influenced by anything else than my own wishes, do make, publish and declare this my last will and testament.
1st. I direct that my body be buried quietly and with as little ceremony as possible in the cemetery nearest the place of my demise.
2d. I direct my executor, hereinafter named, as soon as possible to pay my funeral expenses and expenses of my last illness.
3rd. I devise and bequeath to Louis H. Bonestell, of the City and County of San Francisco, State of California, all my property, real and personal, in trust, however, for the following purposes: To convert the whole thereof into money, using his own best judgment as to the time and means of so doing, having in view the disposition of my property to the best advantage, and I direct that his judgment be untrammeled by the advice or directions of any court or person.
4th. I direct him to pay to each of my two nephews, sons of my deceased brother Alexander, the sum of two thousand dollars ($2000); to each of my three nieces, daughters of my deceased brother Moses, the sum of one thousand five hundred dollars ($1500); to each child of my deceased sister Julia (whether male or female, I do not know), two thousand dollars ($2000); to my brother William, five thousand dollars ($5000).
I direct him to set apart and place where it will draw interest the sum of five thousand dollars ($5000), and to pay from the interest, and if that be insufficient, then from the principal, the sum of twenty-five dollars ($25) per month to my brother Nelson during his life time, or if he still be incompetent to manage his own affairs, to the guardian of his estate.
I direct him to set apart and place where it will draw interest the sum of five thousand dollars ($5000), and pay from the interest, and if that be insufficient then from the principal, the sum of five hundred dollars ($500) per annum, payable quarterly, to my brother Hamilton during his lifetime, or until said sum of five thousand dollars ($5000) shall have been exhausted.
Any indebtedness due from any legatee to me shall be deducted from the amount coming to him or her.
5th I direct my trustee to divide the remainder of my estate, after the same shall have been converted into money, equally between the following charitable institutions, all located in the City and County of San Francisco, State of California, viz: Boys and Girls Aid Society; San Francisco Lying-in Hospital and Foundling Asylum; Hospital for Children and Training School for Nurses; Armitage Orphanage of San Francisco.
Provided, however, if such residue shall exceed one-third of my estate, that all in excess thereof shall be equally divided between the children of my deceased brothers and sister, who are hereby made residuary legatees of my estate.
6th. I hereby appoint and nominate the said Louis H. Bonestell, of the City and County of San Francisco, State of California, sole executor of this my last will and testament, and direct that no bonds be required of him, and I direct him as such executor to proceed to carry out trust herein imposed upon him as soon as possible after the issuance to him of letters of administration, leaving to him, however, full discretion as to the time and place and means of so doing, and I Authorize him as such executor and trustee to make any and all sales at public or private sale, with or without notice, and with or without an order of court, as he shall see fit. And I direct that no bonds be required of him as such executor or trustee.
In the event of his decease before the administration of said estate shall have closed, I nominate and appoint in his place and stead as such executor or trustee, as the case may be, or both, if he shall die before his discharge as such executor or trustee, his son, Cutler L. Bonestell, of San Mateo County, State of California, and direct that no bonds be required of him as such, and that he shall have the same authority and powers as are hereby conferred upon the said Louis H. Bonestell.
I hereby revoke all wills heretofore made by me. I have no wife or children. Should anyone after my death attempt to establish such relationship and succeed, I bequeath to such person the sum of ten dollars ($10) and no more.
Should any legatee contest my will, I direct that the amount devised to such person be not paid to such person, but be distributed equally between my other nephews and nieces.
I direct my executor or trustee to pay the legacies to my relatives before paying those of the charitable institutions, and to pay them if he sees fit pro rata in installments, and I direct that none of the legacies shall bear interest.
I direct him to segregate the ten thousand dollars ($10,000) out of which to pay the annuities to my brothers, Nelson and Hamilton, before paying any other legacies, and upon the death of either, to distribute the amount unexpended of his trust fund amongst my residuary legatees.
In witness whereof I have hereunto set my hand and seal this twentieth day of May, in the year of our Lord one thousand eight hundred and niney-nine.
EBENEZER WORMOUTH (Seal).
The foregoing instrument, consisting of two pages besides this, was at the date hereof, by the said Ebenezer Wormouth, signed, sealed and published as, and declared to be, his last will and testament, in presence of us, who, at his request, and in his presence, and in the presence of each other, have subscribed our names as witnesses thereto.
JOHN E. GREAME,
Residing at 2215 1/2 Pine street, San Francisco, Cal.
THOMAS H. DOANE,
Residing at 1727 Green street, San Francisco, Cal.
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