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PART VII

FORMS

FORMS

Form 1. Last Will and Testament

I, Henry H. Beckwith of the City of New York, do hereby make, publish and declare this my last will and testament, hereby revoking all former wills by me made.

I. I give, devise and bequeath to my wife, Esther R. Beckwith, during her life, the use of my house, known as 91 West Seventy-second Street, in the City of New York, and the use of my garage in said city, all taxes and water rates and the cost of all necessary repairs on the said real estate to be paid by my said wife while she has the use of the same.

2. I give and bequeath to my said wife all my linen, bric-a-brac, works of art, household goods and furniture (useful and ornamental), china, plate, silverware, books, and pictures, and the motor cars and appurtenances thereto belonging that I may own at the time of my death.

3. I give and bequeath to my trustees, hereinafter mentioned, such sum, not less than two hundred thousand dollars ($200,000) nor more than three hundred thousand dollars ($300,000) as, in the opinion of my said trustees, shall be amply sufficient to produce an annual income of twelve thousand ($12,000) in trust, however, for the uses and purposes following:

(a) To apply, during the life of my said wife, the income thereof, to the extent of twelve thousand dollars ($12,000) per year, in equal quarterly payments to her use, and during the same period, to apply the income, if any, in excess of that sum to the use of my lineal descendants, in equal shares, per stirpes, and not per capita.

(b) Upon the death of my said wife, to dispose of the principal of the said trust fund as part of my residuary estate, in the manner directed by the tenth article of this will.

I declare that the provisions of this will for the benefit of my said wife are to be in lieu and bar of her dower and of all other right, share, or interest of, in, or to my estate.

4. I give and devise to my son, Henry H. Beckwith, Jr., that certain parcel of land on which is my summer home at Bristol, Massachusetts, known as Birch Lodge, together with all other buildings thereon and the contents thereof and the appurtenances thereto, and all my land in the town of Bristol aforesaid, to have and to hold the same to him, his heirs and assigns forever.

5. I give and bequeath to my said son all my jewelry, wearing apparel, personal ornaments and effects.

6. I give and bequeath to my trustees, hereinafter named, the following sums in trust, for the uses and purposes following:

(a) One hundred thousand dollars ($100,000) to apply the income thereof to the use of my brother, Rufus A. Beckwith, during his life.

(b) Fifty thousand dollars ($50,000) to apply the income thereof to the use of Maud Beckwith, wife of my said brother, Rufus A. Beckwith, during her life.

(c) Twenty thousand dollars ($20,000) to apply the income thereof to the use of my cousin, June Stimson, the widow of John Stimson, during her life.

7. Upon the death of each of the beneficiaries named in the sixth article, to dispose of the principal sum held for such beneficiary as part of my residuary estate, in the manner directed by the tenth article of this my will.

8. I give and bequeath to the corporations hereinafter named the sums designated :

To the Syrian Protestant College at Beirut, Syria, I give $10,000. To Stevens Institute, Hoboken, New Jersey, I give $10,000.

To the Home for Incurables in the City of New York, I give $10,000. To Hampton Institute, Virginia, I give $10,000.

9. I exonerate and discharge all legatees under this will from the payment of any indebtedness there may be owing to me by them at the time of my death.

10. All the rest, residue, and remainder of my property, both real and personal, of every kind and description whatsoever and wheresoever situated, I give, devise and bequeath to my trustees, hereinafter named, in trust, however, for the uses and purposes following:

(a) To divide the said property into as many equal shares as I shall leave children me surviving, and lineal descendants of deceased children, one share for each child, and one share for the lineal descendants of each deceased child, the names of all my children now living being Anne Beckwith Bays, Helen Beckwith Gardner, Mary Beckwith Cox, and Henry Beckwith, Jr.

(b) To convey, transfer and pay over to the lineal descendants of any child of mine, who shall not be living at the time of my death, the share set apart for such lineal descendants in equal shares, per stirpes and not per capita.

(c) To apply the income of each share, set apart for the benefit of any child of mine, to the use of such child until he shall attain the age of forty years, and thereupon to convey, transfer and pay over to the said child, one-half of the principal of the share set apart for the said child as aforesaid, and to apply the income of the remaining half of each such share to the use of the said child during his or her life, and upon the death of the said child, to convey, transfer and pay over the principal thereof in such manner to such person or persons as the said child shall direct by his last will and testament, or, in the absence of such direction, to such persons as shall then constitute the heirs at law of the said child, as in the case of the inheritance of real property, according to the laws of the State of New York.

II. I give to each of my cousins, Charles A. Barnes and Morton F. Barnes of Poughkeepsie, N. Y., an annuity of three thousand dollars ($3,000), to be paid semiannually to each during their respective lives, and I direct my executors and trustees to set apart, invest and hold in trust in separate funds, one for each annuitant, sufficient funds to produce by the clear net interest and income thereof the amount of annuities herein provided and to pay the same as herein provided. Upon the termination of each annuity the principal of the fund producing such annuity shall be paid to the Tuskegee Institute at Tuskegee, Alabama.

12. I direct my trustees to apply the income of all securities at any time held by them to the use of the beneficiary for whom they are held, irrespective of the price paid for them or of their market value at any time, it being my intention that no part of such income shall be applied as a sinking fund to offset the gradual loss of the premium or market value of any such securities.

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