WILL BOOK B, PAGE 332
(Dated January 16, 1879.)
I Mary Preston, of the City of Fort Smith, Sebastian County, Arkansas, do make and publish this my Will and Testament, hereby revolking all former wills by me at any time theretofore made First.
It is my will that my funeral expenses and all my just debts be fully paid.
Second:
I give, devise and bequeath to my beloved children Sophia Elizabeth Nichols, Ann Swift, Charles Holmes and George. B. Preston, all my property, real personal and mixed, to be devided between them equally, share and share alike.
Third:
It is my will that should either of the above named children die before the separation or partition of my property, then and in that case the Heirs of such deceased child shall become the proper recepient of the legacy or legacies provided in the Will for the child so deceased.
And Lastly:
I hereby appoint my daughter Sophia Elizabeth Nichols and Dr. Elias A. Duval to be the Executors of this my last Will and Testament.
In testamony whereof I have hereunto set my hand and seal this Sixteenth day of January A. D. 1899
her
X
mark
Mary Preston
(Dated January 16, 1879.)
I Mary Preston, of the City of Fort Smith, Sebastian County, Arkansas, do make and publish this my Will and Testament, hereby revolking all former wills by me at any time theretofore made First.
It is my will that my funeral expenses and all my just debts be fully paid.
Second:
I give, devise and bequeath to my beloved children Sophia Elizabeth Nichols, Ann Swift, Charles Holmes and George. B. Preston, all my property, real personal and mixed, to be devided between them equally, share and share alike.
Third:
It is my will that should either of the above named children die before the separation or partition of my property, then and in that case the Heirs of such deceased child shall become the proper recepient of the legacy or legacies provided in the Will for the child so deceased.
And Lastly:
I hereby appoint my daughter Sophia Elizabeth Nichols and Dr. Elias A. Duval to be the Executors of this my last Will and Testament.
In testamony whereof I have hereunto set my hand and seal this Sixteenth day of January A. D. 1899
her
X
mark
Mary Preston
Attest: Willaim J. Weaver
Chas. A. Bernie (over)
Signed, Sealed, published and declared by the above named Mary Preston as and for her Last Will and Testament, in the presence of us, who at her request have hereto set our hands and signatures in her presence and in the presence of each other.
William J. Weaver
Chas. A. Bernie
Chas. A. Bernie (over)
Signed, Sealed, published and declared by the above named Mary Preston as and for her Last Will and Testament, in the presence of us, who at her request have hereto set our hands and signatures in her presence and in the presence of each other.
William J. Weaver
Chas. A. Bernie
Codicel No. I.
I Mary Preston of the City of Fort Smith and State of Arkansas do make and publish this codicel to the foregoing insturment having my last will and testament and heretofore make and in addition to the same do hereby give and bequeath to my two daughters, Sophia Elizabeth Nichols and Ann Swift, both widows, all the personal property of which I may die possessed.
Will Book B, Page 333. (Dated November 9, 1895)
wereever it may be, the most if not all of it, is in the house on Walnut Street or A Street, in the City aforesaid, the same tob e delivered to the casem Sophia Elizabeth and Ann as soon after my death as possible, the house above referred to is the place where I now reside and has been my home over twenty years.
And whereas, Dr. Elias R. Duval named in my foregoing Will as one of the Executors thereof having died several years ago, I hereby nominate and appoint his brother Ben. T. Duval to act in conjunction with Mrs. Sophia Elizabeth Nichols the other executor or singly in case she should die or refuse to act as the Executor of my last Will and testament and this codicil thereyto and see that my will is carried out fully.
In testamony where of I have hereunto set my hand and seal this Ninth day of November A. D. 1895.
her
X
Mary Preston
mark
I Ben T. Duval at the request of Mrs. Mary Preston signed her name and she made her mark in my presnce and in presence of the subscribing witnesses.
The foregoing insturment was signed by Mrs. Mary Preston and declared by her in our presence, as the Codicil to her last Will and testament written on this sheet of paper, dated January 16 1. d. 1879 and we sign this in her prence and in presence of each other at her request.
Sarah J. Parke
Dora Guler
Codicil No. 2.
I Mary Preston of the City of Fort Smith and State of Arkansas being in feeble health but of sound and sisposing mind and memory do make and publish this Codicil No. Two to my will heretofore made and published on 16th of January 1879 to whichI made a Codical on 9th day of November A. D. 1895 giving to my two daughters Sophia Elizabeth Nichols and Ann Swift, both widows, all of the personal estate of every descrption of which I may die possessed and that my son George B. Preston and Grandson John Holmes son of my son Charles Holmes, deceased. Shall not have or be entitled to any part thereof. And whereas, since the making of my last Will and Testament aforesaid I have acquired title to Lot NO. 8 in Block 50 in the City of Fort Smith upon which is a dwelling house And whereas; said lot once belonged to my grand daughter
(Will Book B, page 334)
Kate Marrow, the daughter of my said daughter Ann Swift, I desire that after my death the said property shall go to the two children of said Kate. I herefore give and devise to Sophia Elizabeth Nichols and Ben T. Duval my Executors or in case of the death of either of them in my life time, then to the survivor of them the said Lor No. 8 in Block NO. 50 in the City of Fort Smith, aforesaid to have and to hold to them in trust for the said Lorena Kemp and John Henry Kemp the children of Kate Marrow and for their proper use and benefit. That my said Executors shall take charge of said lot and the improvements thereon immediately after my death and shall rent the same out to the best advantage and after paying the taxes, insuraance and repairs to divide the net balance of the rent, income and profits into two equal parts, one of which is to be given to each of said Lorena Kemp and John Henry Kemp And upon the arrival of said John Henry Kemp to the age of twenty-one years my said Executors shall convey to the said Lorena and John Henry Kemp the said property as tenants in common fee simple, and in case of the failure of my said Executors to perform the trust herin created, in any particular then the same shall be executed by the Circuit Court of Sebastian County for the Fort Smith District upon the petition of the said cesterisence trust or any one for them, or etiher of them; it being my desire and intention do give to them said property in fee simple, but to withhold the control and management of the same until said John Henry Kemp has arrived at the age of twenty one years. Hoping he then will appreciate the value whereof and use it discretely.
I earnestly request and direct my Executors not to permit my said grand daughter Kate Marrow to live in said house or in any wise recieve or control any part of the rents, income or profits thereof.
In witness whereof I hereby set my hand and seal this 11th day of November
A. D. 1895 and declare the above instument of writing to be a Codicil to my last Will therein referred to.
her mark
X
Mary Preston
I Ben T. Duval signed the name of Mary Preston at her request and she made her mark thereto in
(Book B. Page 335)
my presence and at her request I sign my name in presence of the witnesses.
Signed, sealed and in our presence and declared by the said Mary Preston to be a Condicil to her will therein referred to and we sign the same at her request in her presence and in presence of each.
Dora Guler
Sarah J. Parke
Proof of Will (dated September 14, 1897).
State of Arkansas
County of Sebastian
Personally appeared before me. t. n. Reed, Clerk of the County and Probate Courts of Sebastian County for the Fort Smith District aforesaid William J. Weaver and Charles A. Bernie to me well known, who being duly sworn say that they are the subscribing witnesses to the foregoing instrument of writing purporting to be the last Will and Testament of Mary Tabler (Tabler crossed out and Preston written in) deceased; that said instument was executed at the time, place and by the person therein named; that said Mary Preston, the Testatricx, was at the time of signing said instrument upwards of twenty-one years of age, and of sound and desposing mind and memory, and that in the presence of both these affiants she declared it to be her last Will and Testament, and subscribed her name thereto in the presence of both of these affiants; that at the request of said Testatrix affiants wrote their names to her said will in her presence and in the presence of each other; that subscriptions to the foregoing instrument of writing are genuine, and that said insturment which is hereto attached is the identical one that affiants so witnessed and saw the saw Mary Preston sign.
N. J. Weaver
Chas. A. Bernie
Subscribed and sworn to beofre me this 14th day of September 1897.
T. N. Reed, Clerk
By Jno C. Gardner D.C.
Proof of Codicils to Will
State of Arkansas
County of Sebastian
Personally appeared before me. T. N. Reed Clerk of the County and Probate Courts of Fort Smith District of Sebastian County aforesaid Sarah J. Parke and Dora Guler to me well known, who, being duly
(Book B. Page 336)
sworn, say; That they are the subscribing witnesses to the foregoing instruments of writing purporting to be Codicils 1 and 2 to the last Will and Testament of Mary Preston, deceased; that said instrument was executed at the time, place and by the person therein named: that said Mary Preston, the Testatrix was at the time of signing said instruments upwards of twenty-one years of age, and of sound and disposing mind and memory, and that in the presence of both these affiants she declared the said Codicils to be her last Will and testament, and subscribed her name thereto in the presence of both of these affiants wrote thier names to her said Codiciles in her presnce and in the presence of each other; that the subscriptians to the foregoing instrument of writing are genuine, and that said instrument which is hereto attached is the identical one that affiants so witnessed and saw the said Mary Preston sign.
Sarah J. Parke
Dora (could be Dara) Guler
Subscribed and sworn to before me this 14th day of September 1897.
T. N. Reed, Clerk
by Jno C. Gardner DC
Endorced
"Filed this 14 day of Sep 1897
T. N. Reed Clerk
by Jno C. Gardner D>C
Confirmed and admitted to Record on testimony of subscribing witnesses: Oct 26, 1897
Joseph M. Spradling
Probate Judge
I Mary Preston of the City of Fort Smith and State of Arkansas do make and publish this codicel to the foregoing insturment having my last will and testament and heretofore make and in addition to the same do hereby give and bequeath to my two daughters, Sophia Elizabeth Nichols and Ann Swift, both widows, all the personal property of which I may die possessed.
Will Book B, Page 333. (Dated November 9, 1895)
wereever it may be, the most if not all of it, is in the house on Walnut Street or A Street, in the City aforesaid, the same tob e delivered to the casem Sophia Elizabeth and Ann as soon after my death as possible, the house above referred to is the place where I now reside and has been my home over twenty years.
And whereas, Dr. Elias R. Duval named in my foregoing Will as one of the Executors thereof having died several years ago, I hereby nominate and appoint his brother Ben. T. Duval to act in conjunction with Mrs. Sophia Elizabeth Nichols the other executor or singly in case she should die or refuse to act as the Executor of my last Will and testament and this codicil thereyto and see that my will is carried out fully.
In testamony where of I have hereunto set my hand and seal this Ninth day of November A. D. 1895.
her
X
Mary Preston
mark
I Ben T. Duval at the request of Mrs. Mary Preston signed her name and she made her mark in my presnce and in presence of the subscribing witnesses.
The foregoing insturment was signed by Mrs. Mary Preston and declared by her in our presence, as the Codicil to her last Will and testament written on this sheet of paper, dated January 16 1. d. 1879 and we sign this in her prence and in presence of each other at her request.
Sarah J. Parke
Dora Guler
Codicil No. 2.
I Mary Preston of the City of Fort Smith and State of Arkansas being in feeble health but of sound and sisposing mind and memory do make and publish this Codicil No. Two to my will heretofore made and published on 16th of January 1879 to whichI made a Codical on 9th day of November A. D. 1895 giving to my two daughters Sophia Elizabeth Nichols and Ann Swift, both widows, all of the personal estate of every descrption of which I may die possessed and that my son George B. Preston and Grandson John Holmes son of my son Charles Holmes, deceased. Shall not have or be entitled to any part thereof. And whereas, since the making of my last Will and Testament aforesaid I have acquired title to Lot NO. 8 in Block 50 in the City of Fort Smith upon which is a dwelling house And whereas; said lot once belonged to my grand daughter
(Will Book B, page 334)
Kate Marrow, the daughter of my said daughter Ann Swift, I desire that after my death the said property shall go to the two children of said Kate. I herefore give and devise to Sophia Elizabeth Nichols and Ben T. Duval my Executors or in case of the death of either of them in my life time, then to the survivor of them the said Lor No. 8 in Block NO. 50 in the City of Fort Smith, aforesaid to have and to hold to them in trust for the said Lorena Kemp and John Henry Kemp the children of Kate Marrow and for their proper use and benefit. That my said Executors shall take charge of said lot and the improvements thereon immediately after my death and shall rent the same out to the best advantage and after paying the taxes, insuraance and repairs to divide the net balance of the rent, income and profits into two equal parts, one of which is to be given to each of said Lorena Kemp and John Henry Kemp And upon the arrival of said John Henry Kemp to the age of twenty-one years my said Executors shall convey to the said Lorena and John Henry Kemp the said property as tenants in common fee simple, and in case of the failure of my said Executors to perform the trust herin created, in any particular then the same shall be executed by the Circuit Court of Sebastian County for the Fort Smith District upon the petition of the said cesterisence trust or any one for them, or etiher of them; it being my desire and intention do give to them said property in fee simple, but to withhold the control and management of the same until said John Henry Kemp has arrived at the age of twenty one years. Hoping he then will appreciate the value whereof and use it discretely.
I earnestly request and direct my Executors not to permit my said grand daughter Kate Marrow to live in said house or in any wise recieve or control any part of the rents, income or profits thereof.
In witness whereof I hereby set my hand and seal this 11th day of November
A. D. 1895 and declare the above instument of writing to be a Codicil to my last Will therein referred to.
her mark
X
Mary Preston
I Ben T. Duval signed the name of Mary Preston at her request and she made her mark thereto in
(Book B. Page 335)
my presence and at her request I sign my name in presence of the witnesses.
Signed, sealed and in our presence and declared by the said Mary Preston to be a Condicil to her will therein referred to and we sign the same at her request in her presence and in presence of each.
Dora Guler
Sarah J. Parke
Proof of Will (dated September 14, 1897).
State of Arkansas
County of Sebastian
Personally appeared before me. t. n. Reed, Clerk of the County and Probate Courts of Sebastian County for the Fort Smith District aforesaid William J. Weaver and Charles A. Bernie to me well known, who being duly sworn say that they are the subscribing witnesses to the foregoing instrument of writing purporting to be the last Will and Testament of Mary Tabler (Tabler crossed out and Preston written in) deceased; that said instument was executed at the time, place and by the person therein named; that said Mary Preston, the Testatricx, was at the time of signing said instrument upwards of twenty-one years of age, and of sound and desposing mind and memory, and that in the presence of both these affiants she declared it to be her last Will and Testament, and subscribed her name thereto in the presence of both of these affiants; that at the request of said Testatrix affiants wrote their names to her said will in her presence and in the presence of each other; that subscriptions to the foregoing instrument of writing are genuine, and that said insturment which is hereto attached is the identical one that affiants so witnessed and saw the saw Mary Preston sign.
N. J. Weaver
Chas. A. Bernie
Subscribed and sworn to beofre me this 14th day of September 1897.
T. N. Reed, Clerk
By Jno C. Gardner D.C.
Proof of Codicils to Will
State of Arkansas
County of Sebastian
Personally appeared before me. T. N. Reed Clerk of the County and Probate Courts of Fort Smith District of Sebastian County aforesaid Sarah J. Parke and Dora Guler to me well known, who, being duly
(Book B. Page 336)
sworn, say; That they are the subscribing witnesses to the foregoing instruments of writing purporting to be Codicils 1 and 2 to the last Will and Testament of Mary Preston, deceased; that said instrument was executed at the time, place and by the person therein named: that said Mary Preston, the Testatrix was at the time of signing said instruments upwards of twenty-one years of age, and of sound and disposing mind and memory, and that in the presence of both these affiants she declared the said Codicils to be her last Will and testament, and subscribed her name thereto in the presence of both of these affiants wrote thier names to her said Codiciles in her presnce and in the presence of each other; that the subscriptians to the foregoing instrument of writing are genuine, and that said instrument which is hereto attached is the identical one that affiants so witnessed and saw the said Mary Preston sign.
Sarah J. Parke
Dora (could be Dara) Guler
Subscribed and sworn to before me this 14th day of September 1897.
T. N. Reed, Clerk
by Jno C. Gardner DC
Endorced
"Filed this 14 day of Sep 1897
T. N. Reed Clerk
by Jno C. Gardner D>C
Confirmed and admitted to Record on testimony of subscribing witnesses: Oct 26, 1897
Joseph M. Spradling
Probate Judge