Brewer to Jefferson -James Page Brewer - Probate Records

This document was found 27 October 2023, on FamilySearch.org at: https://www.ancestry.com/family-tree/person/tree/193176584/person/182512782966/hints?usePUBJs=true.

This document reads as:

James Page Brewer

Will

Proved May 7, 1888

Be it remembered that I, James Page Brewer of  Boston in the County of Suffolk do make my last will thus:-

1. I give and bequeath to my wife Mary Elizabeth Brewer all my furniture, linen, plate, silver, china, glass, books, prints pictures, fuel, consumable provisions and other house hold affects clothing and jewelry and I declare that the provisions herein made for my said wife shall be in lieu of all claims including dower which she could have upon my estate. II. I give to my said wife the sum of ten thousand dollars. III. I appoint my nephews Frank B. Bemis and Harry H. Bemis and the survivor the executors and trustees under this will and exempt each of them from giving any surety or sureties on his official bond either as executor or trustee hereunder. In case of the death, resignation or inability to act of any trustees acting under any clause of this will or new trustee shall be nominated by the surviving or remaining trustee in writing to be appointed by the Judge of Probate for the time being having jurisdiction of this will in the place of the trustee or trustees dying, resigning or removing as aforesaid and the new trustee or trustee so appointed shall have all the powers herein given to the trustees herein appointed and be exempt from giving any surety or sureties on his official bond as such, but I declare that during any vacancy in the number of the trustees the surviving or remaining trustee shall have all theh powers herein given to the two trustees. I appoint the said Frank B. Bemis Guardian of my minor children to continue during the minority of each of the wards and I exempt him from giving any surety or sureties on his official bond as such Guardian. IV. I give to the trustees herein named and to the survivor his heirs and assigns the sum                                    Image 13 of 299

of fifteen thousand dollars in trust nevertheless to pay the net income thereof semi annually or at such other times as to them shall seem best to my daughter Mary Bemis Brewer during her life or in their discretion the trustees may expend the same for her maintenance, education and support, and at her decease, to pay over, transfer and convey the principal of said funds to such person or persons as she shall appoint be will and in default of such will or so  far as the same shall fail to operate to those persons who are at that time her heirs by blood. V. I give to my Book-Keeper William E. Fitzgerald of said Boston if he shall be in my employ at the time of my decease, the sum of three hundred dollars. VI. All the rest, residue and remainder of my estate real, personal and mixed of which I shall die seized and possessed or to which I shall be in any way entitled at the time of my decease or over which I now or may then have any power of appointment, I give, devise and bequeath to the trustees herein- before named and to the survivor, his heirs and assigns in trust never the less to pay the net income there of quarter yearly to my said wife during her life, provided however, that when my sons James Brewer and Philip Jefferson Brewer shall respectively attain the age of thirty years the trustees shall pay over, transfer and convey to each of them from the principal of said fund the sum of ten thousand dollars and upon the decease of my said wife to divide, pay over, transfer and convey the principal of the said trust property as it shall then exist in equal shares to and among my said three children, provided, however, that the share of my said daughter shall be paid over to the trustees and held in trust for her benefit under the fourth clause of this will and if my said sons or either of them shall not at at hat time have attained the age of thirty years their or his share shall be held in trust by the trustees under this will and the income thereof paid to them or him quarter yearly until they shall respectively attain the said age of thirty years and when and as each shall respectively attain said age to pay over, transfer and convey to him his share of the principal of said fund, but if either shall die previous to attaining said age, to pay over, transfer, and convey his share of said fund to such person or

persons as he shall appoint by will and in default of such will or so far as the same shall fail to operate, to pay over, transfer and convey the same to those persons who at the time of his decease are his heirs by blood. VII. I direct that the income herein bequeathed shall not be alienable by any of the beneficiaries herein named either by assignment or by any other method and the same shall not be subject to be taken by their creditors by any legal process whatever. VIII. I authorize and empower the executors or executor under this will to sell at public or private sale any part of all of my estate real or personal, and to execute and deliver proper and sufficient deeds to convey and transfer the same. IX, I authorize and empower the trustees or trustee for the time being under this will to sell at public or private sale any portion or the whole of the estate, real or personal which they and he may hold under any of the trusts here by created and to execute and deliver good and sufficient deeds and other instruments to convey and transfer the same. And when ever it shall become necessary to make the final distribution of any property held in trust under this will the trustees or trustee for the time being shall have like authority for the purposes of such distribution to sell and convert into money the whole or any portion of such whether real or personal. In witness whereof I have hereto set my hand and seal this twelfth day of April A.D. eighteen hundred and eighty eight.

    J. P. Brewer (Seal) Signed, sealed, published and declared by the above - named James Page Brewer as and for his last will in our presence, who at his request, in his presence and in the presence of each other have hereto subscribed out names as witnesses. The words "either of the" "herein named" "either" stricken out in the fifteenth line of the first page and the words "any" "acting" "any" interlined before execution so that the said line now reads, "any trustee acting under any clause of this" and the last line on the third page stricken out before execution. Francis C. Welch -

Sabin P. Sanger -         Ellen Stone-

A true record, Attest"        [Elijah] George            register

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