Posted by Cathy Gowdy on Friday, August 18, 2006 at 06:07:06 :
Will of M. J. O’Connor
In the name of God, amen. I Michael Joseph O’Connor, now residing in San Rafael, Marin county, Cal., being in sound mind and in my usual good health, make this my last will and testament, hereby revoking and annulling every will heretofore made by me.
I hereby appoint my dear wife, Fanny C. O’Connor, executrix, and her brother, Andrew, executor, and, in case of his inability to act, my friend, J. A. Donahoe, executor; no bonds to be required from any of them.
Article No. 1 – I leave all my real and personal property to my executors in trust for the purposes hereinafter stated, save and except all the household furniture and effects of every kind on my place in San Rafael, all of which I leave to my dear wife to be absolutely hers; and should she decide not to rent or live in the San Rafael place, my executors are requested to sell that place and to reinvest the proceeds in such other residence or real estate as she may desire.
First – My executors are to pay my funeral expenses, and whatever debts I may owe.
Secondly – To pay my wife, at the rate of one thousand dollars per month, for the support of herself and our dear children, until the estate be finally settled; and,
Thirdly – To pay or remit to my brother, Thomas H. O’Connor, of New York, all moneys not needed for the above mentioned purposes until all the remainder of the estate be placed in his hands.
Article No. 2 – I request my brother, Thomas H. O’Connor, to act as trustee for the following purposes: to receive the proceeds of all my property, real and personal, except the personal property left to my wife in Article No. 1; to invest the money in United States government bonds, or in the bonds of any one or more of the States of the Union that are reliable for the prompt payment of their interest, or in the bonds secured by mortgage of improved real estate in the city of New York, the income to be disposed of as follows: All to be paid to my dear wife, for the natural term of her life, saving and excepting the income from fifty thousand dollars ($50,000) of the bonds or mortgages, which income is to be disposed of as follows: One-half to be paid to my brother, Bartholomew O’Connor; one-quarter to my brother, Charles F. O’Connor, and one-quarter to my sister, Sarah A. O’Connor, for the natural term of the life of each one of them. After the death of any one of them the portion of that income intended for the deceased shall be equally divided between the survivors; and when two of them shall have died the survivor shall receive the entire income of the said fifty thousand dollars of bonds as long as he or she may live. Thereafter it shall be paid to my wife is she survive them. The income from the entire trust to be distributed quarterly or semi-annually, or as often as the collections will permit.
Article No. 3 – I leave to each of my dear adopted children, Mary Stone O’Connor and Fanny Stone O’Connor, the sum of one hundred thousand dollars ($100,000), to be paid them in money or its equivalent in bonds, provided, however, that my wife be not then living. Should my wife be then living, their legacies are not to be paid until after her death. Should both of them die without issue during the lifetime of my wife, the legacies for them to become void and without effect; but should one of them survive, she is to receive after my wife’s death, two hundred thousand dollars instead of one hundred thousand, before mentioned.
Article No. 4 – On the death of my wife the trust is to terminate, provided my brothers, Bartholomew and Charles, and my sister, Sarah, be then dead. Should any of my aforesaid brothers or sisters survive my wife, so much of the trust funds as have been assigned for their benefit must be reserved for them, and the remainder distributed as follows: The sum of thirty thousand dollars ($30,000) is to be distributed among the following Catholic charities in the city of New York: to the Roman Catholic Sisters of Charity, for the support of their hospital in that city, fifteen thousand dollars ($15,000); to the Society of Saint Vincent de Paul, to aid them in their works of mercy among the poor of that city, five thousand dollars ($5,000); to the Roman Catholic Little Sisters of the Poor, five thousand dollars ($5,000); to the Roman Catholic Sisters or Nuns of the Order of the Good Shepherd, for their Magdalen Asylum, five thousand dollars ($5,000). Also a like sum of thirty thousand dollars ($30,000) to the Catholic charities in the city of San Francisco, to be distributed as follows: To the Roman Catholic Sisters of Mercy, for their hospital, ten thousand dollars ($10,000), and to the Sisters of Mercy, for their Magdalen Asylum, ten thousand dollars ($10,000) additional; to the Sisters of Charity, five thousand dollars ($5,000); and to the Sisters of the Holy Trinity, five thousand dollars ($5,000).
All the rest or remainder of my estate to be divided among the children of my brothers, Thomas H. O’Connor and John F. O’Connor, then surviving, share and share alike. Surviving children of any of my nephews or nieces who may be dead are to receive their parents’ share. Said nephews and nieces are hereby made my residuary legatees.
Signed by me in Coronado, California, on the 8th day of June, 1889.
M. J. O’Connor
Howard W. Mallett
Edward A. Patton
Published in The Marin Journal on 18 July 1889.
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