HomeMy WebLinkAbout1231_DUNCAN_ROBERT_90_22_07-10-1959_09-10-1959...,..
No.~877
CERTIFICATE OR ORDER OF PROBATE OF LAST WILL AND TESTAMENT
OF _~~.F1i_Y~j)Jl!l~~. ,DECEASED
(Sees.41 and 51,Code of 1955.473.047 and 473.080,RSMo.)
M
STATE OF MISSOURI,
COUN1Y OF iuchanan }~
IN THE PROBATE COURT OF Buchanan COUNTY,MISSOURI
I,Stephen K.Owen
Estate No.9790
,Judge,~of the Probate Court of the
county and state aforesaid do hereby certify that on this 28 day of JuJ.y ,19 59 ,there is
presented for probate 2 instrument~__in writing dated April 20,1946 and July .30,1948
and filed herein on the 28 day of July ,19 59 ,purporting to be the Last Will and Testament and
____~~CodiciL thereto of Robert V.Duncan ,Deceased,
and the JUDGE ~having examined such instrumentJ!.and,
The testimony of K.•C..bristgen and Charles Liberman
witnesses to instrumenL__dated April 20,1946
~the subscribing
,which said testimony
was given on the 28 day of July ,19 59 ,and was reduced to writing and signed by said
The JUDGE UEXK having examined the testimony of Lena Williams and Harold E.Gasper
~the subscribing witnesses to instrumenL__dated July .30,1948
which said testimony was given on the
and signed by said witness-~~_;and,
J
28 day of
.'/
July ,19 59 ,and was reduced to writing
Said written testimony of the aforesaid witnesses is attached hereto and made a part hereof,and the JUDGE ~
does order and certify said instrumenL_1!to be the Last Will and Testament om Robert V.Duncan
Deceased late of Bc..cbanan,aA-Z
County,Missouri,and that said instrumenL~in writing .fs-.adnlltted to probate
as the Last Will and Testament of said
the same be recorded as required by law.
Robert V.Duncan ,Deceased,and that
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said coun at office in ~j,_L_.;r9~~m ,
:Buchanan
(SEAL)
County,Missouri,this __?~L day of ----------~~-------..---------..----,19-?-~-.
---~~~~~-~!_-~~~----------------------------------_.Judge ~
STATE OF MISSOURI }
COUNTY OF __~~~_~_l}~_______55.-,
I,__~W~~A-_A!__~~,Judge,~of the Probate Court of the county and state aforesaid,at
________~t_.__eIQjtep.h------------------------------,hereby certify that the foregoing Last Will and Testament of -------------------
Jk>~~"t.__y.!__l?~~..@.,Deceased,together with Certificate or Order of Probate thereof and the testimony of the witnesses thereto
were duly recorded in my office,on the -~-_day of -------.]w.-------------------,19-5.9-,in Book----~-~-----,Page--~.3 .
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said court,at office in_~_t.__.].o..ee.Ph.-----------..,
this -?~--day of ---~~---------------------,19-?-~-.
(SEAL)
~
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Stephen ~~_~~~~--------------------Judge
~--------------------------------------~------
STATE OF MISSOURI.}
County of Buchanan,SS.
·..
I,~.~.~..W.~;J,..~~~.
Clerk of the Probate Court in and for said County,in the State aforesaid,do hereby certify the foregoing to be a true,
perfect and complete copy of.~~.~..W.Ul..~.¢'f~.~~A~..~..9~~A ..<?f...~~~t..y.!~~,.
...p.~.c.~a.@.~,...:w.i:t.b...Q~~.tif.i~t.~.._Q!...gQ.b.a.t..e...~t.~~~q t.~~~i!Q ,~.s.:r~.~Q~~~..~ill ~9.~..~.
...~:t..~.&.~~~?_.
as the same appears of record in my office.
In Testimony Whereof,I have hereunto set my hand and affixed
the seal of said Court,at my office in St.Joseph,this
........;Q ~..~of..!~~-.:.d~A.D.19..29..~~~.([/~.
Clerk.
STATE OF MISSOURI,}
County of Buchanan.S5.I,~t..~~~.~~.~~~~Judge
of the Probate Court of the County and State aforesaid,do certify that...
.....................__..~~~..W.9J..~;t __whose name is subscribed to the foregoing certificate of
attestation,now is,ane!was at the time of signing and scaling the same.Clerk of the Probate Court of Buchanan
County,aforesaid.and keeper of the Records and Seal thereof.duly appointed and qualified to office;that full
faith and credit are,ann of rig-ht ought to he,given to all his official acts,as such,in all courts of record and else-
Given under my hand amI
STATE OF MISSOURI,}ss.
County of Buchanan,Thelma.WolterL .
Clerk of the Prohate Court in and for said County.in the State aforesaicl,.do herehy certify that....
....................................~.~~~..~~~~.~whose genuine signature
appears to the foregoing certificate.was,at the time of signing the same,Judge of the Probate Court of Buchanan
County,in the State of Missouri,duly commissioned and qualified;that full faith and credit are,and of right ought
to be,given to all his official acts,as such.in all courts of record,and elsewhere.
In Testimony v\hereof,I have hereunto set my hand and affixed
tht seal of said Court at my office in St.Joseph,this
........:lJ day oL..~.~~~/A.D.19.~9 ..~~~d~.
Clerk.
STATE OF MISSOURI
COUNTY OF BUCHANAN
AFFIDAVIT
)
)SS:
)
Before me,the undersigned authority,personally
appeared W.FARLEIGH ENRIGHT,Chairman of the Board and Trust
Officer of The Tootle-Enright National Bank of Saint Joseph,
Missouri (formerly Empire Trust Company),who,being duly sworn,
deposes and says that the aforesaid bank is Executor of the
Estate of Robert V.Duncan,Deceased,and that he has detailed
knowledge of the estate of the decedent and that the aforesaid
bank has made diligent search and inquiry of all indebtedness of
the said Robert V.Duncan and that neither decedent nor his esta
is indebted to any person in the'Commonwealth of Pennsylvania or
to the Commonwealth itself and that the executor will not
exercise any power in Pennsylvania which it would not be permitt
to exercise in the State
Sworn to and subscribed before
me this Z.ri day of December,
1961.
Notary Public
My Commission Expires:
Ay-:z ~/yt,o-
"r r
i\ppliration for Jrohatr of lIill of...:/?obeJ:::.t )L;Du.t:-!...k.a./Y..
~~;~~~:~:~~.:.~~~:;~~~.;:~;:;:~~&~:~=~County,
REGISTER'S OFFICE }
WASHINGTON COUNTY,SS.:
e cece en s ega ees an eVlsees are as o ows:~y jJd;lfd IV 'i-.
NAME RELATIONSHIP RESIDENCE
~I '"t Ql bel1 R .})'"fV CO:HJ
-~,JDs<2f4LlJI~..t'Mo'
E Mf\t=!.Tt'k<.<;±:Go.-
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-----J:£),-t ~b.f:n..fOdtV 1J\J.fJ (~A )c::J@u c.L ~V-I I It
Ddt-.),-e~\w ;(\'~A-\Jh ~(~"'J I
S.ON l \,\
~~'J('d\\ie~'t'l)\A~(~...\SOv t.<f I
Before the Register of Wills of Washington
County,personally appeared 15.att:Q..~S?.:M..~..(..Y....~E.who being
duly sworn says that ;.1<.Q..bg..t:.i V~=:I2.M..N ..LCi\.N .late resident of
?t,.J.Q~~..hm~~~.~~~nty,td,!?,i.",;a,a citizen \)..;Us....mm..died
testate at ~.:J.O..s..~.h.O ..:on the/day Of...~A.D.19 rr
at...o'clock.m.,age leaving an estate of the estimated value of $Lt..bl..~.N.~.7:\(.1.
personalty,and $~.~.~~~realty,said real estate being located in .
.................f\\....i..Stt..ab3.~...{1ha.~~..::~.N..4....u~~.U~.k.Cl.~~.()v.:Q.Lt·r·c.:z ···..·..
.................W61~~·i ..~··..·L.Q ~~"11 ~~.~~S:..
...................E~.e.At1r...p...\..~.·~T.f..~d ~.~~~t.':.~c...~.d Di·..··~··~··o.··G ..a:r'::€~~
\3.~N.a.rV ~O.~g.O..~.i~?>.i::..t:~d ~~~..b.f ~J.r qlfJ·..·..f ..'·..y A-
Th 1 d l'ltd d .f 11 :r-,tJ A 7 .d.0 f'€LC)Y<!.-
Testator has :.\J bT married and ,N..O.:children have been born since the
execution of the will offered for probate.,
Petitioner prays that the pap~r writing filed herewit~dated A t..~1.tQ ::J.1 4:..t...
may..1?e.a.dmitted t?J?r.o_b_a~~as the last Will and Testament of said decedent,!lAd tQ ~ant L8tt@FS T@stMRea-
tlary tfi8Fe8A tQ ..
...........~.
Wh8S@ 1'8St 8tfiee a£lElress-is .
Sworn to and subscribed before me this <Y ..
day "fl Jl.g.s,A.D.19..-I··
#~£.di.f!::::~·R;~;;;:··
COMMONWEALTH OF PENNSYLVANIA,l SS.
WASHINGTON COUNTY,(..
And now ~f ,19..!tJ..t,comes lt..'1...1!!.:.t:Y2..fY.-f:..::.~~.~~~
who being duly sworn doth depose and say that...~.~~~f~d '"!~Jfl:i'liBfse~!~/;dc;I:.l>N~r~tip~~t~i~T:......:...~==....~.~..~.~......:..~.::.......t~.~!:........~.=~......~~
I)~('tV ~t-€.-,to-.t't~d N c:::J c b-y-r e.e-.f--.
to the best of ""skill an.d jQdl?;meBt in.stpiet e6ftl:fJliMtee with tofte lam;of this CoIIiIIiofiwemth,mind-
f-t+Lof the lawS re1atjP9{to jnheritapce taxes.
Sworn and subscribed before me this l...
day of ~~!.'1:'2:~A.D.19 ~.J ~............................................................................................................
Register
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(
••
oing
nd nc l1i 11
ohqn
t
,
1 b i
the
o
rr d to her fter
h
t h t th
0Jl()os1
b i ss r t rred to her aft r
be s 1 ct d by h r as portion ot her on -thi d
t to my t t "I deair th t s id
lumber b sin ss b el n t in ord r that
d ughter y ha e the right to chaos
sir ,a provi or her ft r in this
w11 e t if ho d pr -dec se m •the I
thl share hall part of the trust s-
•
e 3.I 1 ,d vis,
d r r a1 and p ronal property ot
nature and ereT r situate to the EIIlp1r
tat ,operate such businessesallofmy
control at the time of my death,collect all rents,in~ome
and profits,pay all taxes and charges against any and all
of my real estate or business properties,including all nec-
essary epairs and in this connection,if required elnploy
J.oc·r ice a er t ....,tru.::.tee sn 11 ave the po ~er I
to sell all or any p~rt of my said estate devised or be-
q"oatA cd."to t:Aem by the tern-AS of tl.is :ri1l (except that por-
J..:>GUlJG exclude~fl'O l this pl'ovision under the
"icr..(c )and (of t i:::'11)W'lenever in
...,i t ,1il r the best in-
tv t.l..81r J &ent,und to
vio 0 ...
ee..:>ere re~y etyOlere~to execute
f rr:t.;,deed...0...COllY yance and
a t!e 010_to .e ue.l.sales atI
e").;)to t.Ae .Joe e::t,nc UQ.....
or ·.J.1
t
,.
s t.ted r c ,0 s
i in n.:.t d .....tates 0 c 0 ny-
ion of ar..y such statE:-
s.Other thaI't.le above ai es
r to inv s a to
t Z 0 ....c
o I by
t t e st rating of ~y s1 '1 r vir.:
pu tion.~n ddition to t e abo e
tt d to t a r inv t).
i v nt b ~s v
aw of the t te of 1 eu Yor effect,at e
t:une nvestment 's de.
f at the time of my death t ..ere shal~be an co on
stocl~in my estate,I dirvct L at D:y t T'ustees shall cl ...e
o t or 1 quidate such stoc~s as ~oon as this ay be one
Cu d heretofore,but thuv pen 'ng the liqu':'dat:on of ny
adv
I be
I
eOQS~Y to T e~tate and t ..at tho )roceeds t
sted :n some other for 0 lnves t.J.eI...t a"t erH
f
c c s the tru~tees s ..all have t ..e r ~t to o.ercis
any a d all miers i th reference to s c tru
wh'c t ey may find necessary to oxerci...e ~o t
r rt r
enef"t of
the tr~"t estate;and in the lr.terests 0 sai ~r "t est t
their powers concerning said stoc'...sh:l e"as :1 'f
said trustees ~ere the absolute owner~t eroof.ro ~ded,
further,that if during the year folIo Ting my death my exec
utor shall deem it advisable to close out or liquidate any
such stoc s,if shall have the right to do so and to rein-
vest the proceeds in some other form of investment as di-
rect d her tofore.And provided further that if at the tim
of my de th I po~s ss common stocks in small corporations
in hich I ha e b n acti 1y interested during my lifetime
then and in that ev nt n ith r my executor nor my trust es
shall be comp lIed by th provisions herein to sell said
stoc s an to r i v st he proc ds thereof,unless my x c
utor or my to th best interests of
,.
trus
e
a 1
y
e
r
shal~ay to my
i s
rov....dt t
l\.UUIJQ.J.
is r t
)~direct t at my sit uste
r e
to
r
sums n t e jud nt
for their up o.,..t,r.-
t
.,..us'"e
c r share and shar
of my sa d truste s ma.be c
t n nee a cationi
my sai t ustee ,they s
d""en from the principal 0
for those purposes;and t t
c r s
r
power to make &n a v cent to an'0
from the principal of said estate 'f '
in the affairs of ary or all of sai be e
in the judgment of said truste s,shall re ~'re ai adva ce
ments.l~trustees shall arrange in their discretion the
mann r of payment of incode from the estate to the benefici-
aries,such income to be paid,however,at least quarterly.
I desirett to be clearly understood that if there are any
payments or advancements made by my said trustees under the
provisions of this article,in no event shall anyone of my
children receiv n excess of his or her interest in and to
daught r,lovunttoo1ott
said trust estate as provided for hereinafter.
(e)I direct that at the time my trust stake charg
or this trust estate,they shall appraise the value of th
an a soon a 1s pr oti able thereafter shall dlst+,ib-
..
a ...
aat
rea ive 0 e-d f
ru t stat
t
o
arrival
c 1.ve
th
e t th r 0
state ..as b n
tate at tne t~
er ~l'z beth Joan sh
a e of 3 ye rs as she oU:d .ave receiv d ha so
11 iam 0 ct ...0 tak such lumber bu i e s,ve
t at um y be n excess of one-third of t trus+-
l't "l'er 31st b..Lrt da .L-rov d,r-
t as my dau ter Eli.zabeth Joan has always expressed
intere~t ahd a desire for a farm ,ch .J..own,
i .......~..........ngton Count sy van'a,hno as t as far,
it i ish and ireut t~at t is far~shall be e~clu -
fro any sale as rov:de ~or heretofore :n tl.·s 1.11 a d
ed from any selection on the ':lart of my wif s :>ro-
vided for heretofore in this will,until my daugh"er has
first had the opportun.ty to choose to taka said farm as a
p rt of the one-third of my trust estate or the one-sixth
ill be entitled at the time my said
choo s to ta e said farm,my trustees hallfor.If
t ~it ov r to he to be her absolute property forev r for
be pI c d upon it at said time by my
in accordanc rlth the pro islons set out hereto-
for.nd it th valu of said t r.m at sa~d time be in x-
tr take charge of the estate as provided for hereto-
c s of a d ixth int r s in and to aid trust estate,
t n in th intere t the b lance d h r
..
t o
creas d proport10 a
e h r right to ohoo
n art of th
then rece1ve h r one-'x ··ntere t
a
o
and co Itio
of my property in s id estate a
rovided for heretofore.
de during the ven r of said tru t and
r t
.......,""-_........D
sal....
enmyso
e of 21 yea s,my t~
nta
the
pa
(f)I dir ct th t
t t ving done so my trustees shall distribute on -fifth
of total amount of said trust estate at said tim to my
id on Dani 1 illlam to be his absolute property forever.
Provided,however,that my said son shall have the rivht to
elect to take that portion of this trust estate \;hich is
regarde as eing a part of the ~umber business (vhich
portion of my estat I ave ofo~e ir--t c ot
b distributed to my wife or aaughter prior to this time)
Iand should that part have a value in excess of one-fLfth
of t~e balance of said trust esta~e at said +ime,then
and in that event,should my son ~aniel T,alliam desire to
elect the s81ne,my trustees s.lall r:evertheless deliver it
over to him to be his absolute property forever.dhou:d he
elect to take said lumber business and my trustees so d live
it to him and should the value of the same be in excess of
one-fifth of the balance of said trust estate at said time,
t en n n t at event th full interest shall be chargeable
to hi to the extent of one-third of the total value of my e -
tire tr st estate,and if said interest is in excess of one-
thi d of sai ntire trust estate,then I direct that son
to th trust es the differen e between a one-third
of id entire trust estate and the value of tho lum-
usiness he i recei~lng by this bequest.If he refus s
the dift renee,then he shall recelv but
tf ct on -t aid time (1:tr1w
f l1s to
..
t
s
t
o
ir of t
1 t
as of the
d h ve recei ~pon
tru trortyofs
first created)to be tis absolute !ropert
0 elec to ta e said r
iv d at t e a,6 of 2....y6 U on c v
er ce e all receipt the tr'l e nd
to thO "'ht1~l for,Jv r
(g)....direct that at th ti-r.e so.John
rrives at t ..e a£e of 21 years,,ly tru tees s
ualize all ayments rnaae dur.lC t e t ...ure
co pute the total v lu
ay over to hl on -sixth of the entire tru~t vV te (as
of th d t it I
re er,and t at thereafter this trust shall conti ue under
t s t rms and conditions until he shall have arrived at
the g of)1 years,at which time,after equalizing all pay
ments a the tenu of said tru t nd the payment 0
•
all xpenses incident thereto,my said son shall receive the
then re ining in said trust estate~to be his abso-
pro rty forever and this trust at said time shall for-
r nd.
(h)I
t t s all b
that 1 1
f th
ent she is physically
ith th Empir Tru t
,
n the
co-tru te
th J n 0
""a..~""S to ct
under the same terms and conditions and with the same
o
hat P P •
ticl 6.Th comp n tlon of my truste 1
0 d c ith the rul of th corporat id c .1.'1
of st.Jos ph,Mis ouri,ich ar in f ct a
nd al f n cc
of f t c on in ct
th n hall a 11y.
7.I dir ct th t th ev nt of the d ath
provIded for ~eretofore for both of truste s.
my
Article 8.I appoint as executor of thi~ast will
and testam nt the Empire Trust Com~any of t.Jose ill,'s-
pany as 1.'0 ld d tor heretofore,then and in that eve~t
the Empir Trust Company shall act alone at all times as
souri.
Article 9.I dir ct t at ~f my executor or my trus-
I tees shall at any time during the administration of my est t
or during the life of this trust require the services of an
attorney ,it or they shall employ Basil L.h.aufmann of St.
Joseph,Missouri,if his services be available and if not,
then any member of the law firm of Culver,Phillip,~aufmann
&smith hose services ay available at the times r -
quir d.
ticl 10.I her by t te that at or before the
execution of this will I hay had the advice and counsel in
r latlon th r to trom others not under salary from the Em-
plr Trust Company ot St.Joseph,Missouri.
IN WITNESS ffiEREOF,I,Rob rt V.Duncan have to this
mr last will and testament oonsisting of t n pages sub-
to b his last
n
8
n
o her by c t·y t at
ve or n-r 81
e nee and d e1 red the
an no 1 is
n ur
1
j •.-
st.J 5e h.i ourL
July 3,948
..------"'l""=---~-----_;_~,.,....-~.....-"""'=~:r,----"""'="..,....~~~~,.....--;-r-~;;-;;;'1:--.,.-~......~-'..of'..
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STATE OF MISSOURI,155.
County of Buchanan,f I,.:Ruth..Ba.uman .
Clerk of the Probate Court in and for said County,in the State aforesaid,do hereby certify the foregoing to be a true,
perfect and complete copy of.ORDER CHANGING NA}fE.OF EXECUT.OR..ON PRO.BA..'lE CO.lJRT .
.................REC.ORDS .
as the same appears of record in my office.
In Testimony Whereof,I have hereunto set my hand and affixed
the seal of said Court,at my office in St.Joseph,this
..........8 oay of...Hay.g A.D.19..6-1.
..........................................£.bl.~~.....
Clerk.
STATE OF MISSOURI.}ss.
County of Buchanan.I,Wm Orr...Sawyers J udge
of the Probate Court of the County 'Inc!State aforesaid,do certify that Ruth Bauaan .
.....................__whose name is subscribed to the foregoing certificate of
attestation.now is,and was at the time of signing and scaling the same.Clerk of the Probate Court of Buchanan
County,aforesaid.and keeper of the Records and Seal thereof.cluly appointed and qualified to office;that full
faith and credit are,anr!of rig-ht ought to be,given to all his official acts,as such,in all courts of record and else-
where;and that his sair!attestation is in due form of law,and by the proper officer.
Given under my hand am!
STATE OF MISSOURI,}
S5.
County of Buchanan,
eal.this 8-day of >/'y::;~..-r:~..--e A.D.19 6.1..
.................~~.~-Seal)
Judge.
L Ruth...Ba.uman ..
Clerk of the Probate Court in and for said County,in the State aforesaid,do hereby certify that .
..........................................................W~.•....P.~~SaWy.e.~s whose genuine signature
appears to the foregoing certificate.was.at the time of signing the same,Judge of the Probate Court of Buchanan
County,in the State of l\lissouri,duly commissioned and qualified;that full faith and credit are.and of right ought
to be,given to all his official acts,as such,in all courts of record,and elsewhere.
In Testimony Whereof,I have hereunto set my hand and affixed
tht seal of said Court at my office in St.Joseph,this
..............e day of...1fa;;;/A.D.19..61-..
.................................:.:.JtJ..t?a~~..
Clerk.
0.311
~~
Zt7 •r. r
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