Henry Clay Colerider (#15)'s Will

 

The following was transcribed by Susan Leach Snyder on October 24, 2015 from Negative Originals in the North Carolina, Wills and Probate Records, 1665-1998 filmstrip #1721- #1727. The will was filed on July 12, 1933 by Theodore Cogswell, Register of Wills, D.C. Clerk of Probate Court. The signatures are screen-copied images of the original signatures.

 

LAST WILL AND TESTAMENT
of
HENRY CLAY COLERIDER
.

I, HENRY CLAY COLERIDER, of the City of Washington, District of Columbia, (formerly of Fayetteville, County of Cumberland, North Carolina), being of sound mind and memory do make and publish this as and to be my Last Will and Testament, and hereby will and provide, as follows, viz:-

FIRST: I direct that all my just debts and expenses of my funeral and burial be paid from my estate by my Executor, hereinafter named, as soon after my death as shall be convenient. It is my will that my funeral shall be conducted without pomp or unnecessary parade and that my body shall be laid to rest in Prospect Hill Cemetery in the District of Columbia where our family lot is located and that my Masonic Lodge, known as Pentalpha Lodge No. 23, F. A. A. M., shall have charge of the funeral.

SECOND: I give and bequeath to my wife, ALMA COLERIDER, all household and kitchen furniture belonging to me at the time of my death, my piano, silverware, sewing machine and any other articles of furniture, or furnishings contained in our residence, absolutely. If, however, she does not dispose of them, or all of them in her lifetime, it is my wish that she should leave the same, or those remaining at her death, to my daughter PEARL COLERIDER PIERCE, by her will, but this, however, is left entirely to my wife’s pleasure and judgment in the matter.

THIRD: I give and devise to my daughter, MARY GERTRUDE COLERIDER SHARPE, store and premises belonging to me known as No. 130 Person Street in Fayetteville, North Carolina, including the land on which same stands and enclosed and used in connection therewith, for the term of her natural life, and after her death the same to go to her children in fee simple as tenants in common, share and share alike, f there be more than one child living at her death; otherwise, to one child in fee simple.

FOURTH: I give and bequeath to my son, SAMUEL WATKINS COLERIDER, the sum of Fifteen Hundred Dollars ($1,500.) lawful money.

FIFTH: I give and devise my residence - No. 1134 Park Place Northeast, Washington City, District of Columbia, with the lot on which it stands, unto my wife, ALMA COLERIDER, for the term of her natural life and after her death to my daughter, PEARL COLERIDER PIERCE, in fee simple.

SIXTH: All the rest, residue and remainder of my estate real, personal and mixed, wheresoever the same may be situated, including any other real estate which I may acquire hereafter and own at the time of my death, I give, bequeath and devise unto THE LINCOLN NATIONAL BANK OF WASHINGTON, a corporation engaged in the banking business in the City of Washington, District of Columbia, in and upon the following trusts, that is to say: -

To take charge of and manage the same and invest, and keep invested, in safe, interest-bearing securities all the personal property and to collect and receive all rents of the real estate as well as all income from the personal property, real and personal, as the same shall become due and payable, and pay the cost of keeping the improvements on the real estate in good tenantable condition and repair; the cost of adequate fire insurance and other proper insurance, if any, and all necessary and proper costs of the management and care of the said estate, including a commission for its services upon the gross income of said estate, derived from both the real and personal property, equivalent to five (5%) per cent per annum thereof; and to pay the net remaining income unto my wife, ALMA COLERIDER, for her sole use and benefit, during the remainder of her life.

From and after the death of my wife, if my daughter PEARL COLERIDER PIERCE shall survive her, all of the net income from the said trust estate (excepting that derived or to be derived from my real estate No. 138 Person Street at the corner of Dick Street and additions on Dick Street in Fayetteville, North Carolina) shall be paid and distributed by my Trustee to and among my children, PEARL COLERIDER PIERCE, MARY GERTRUDE COLERIDER SHARPE and SAMUEL WATKINS COLERIDER, in the following proportions, one-half to Pearl Colerider Pierce for and during the remainder of her life, one-quarter to Mary Gertrude Colerider Sharpe, or her heirs, and the remaining one-quarter to Samuel Watkins Colerider, or his heirs, during the life of said Pearl Colerider Pierce and no longer.

From and after the death of my daughter, PEARL COLERIDER PIERCE, the net income from the said real estate belonging to me known as No. 138 Person Street at the southeast corner of Dick Street together with the additions thereto on Dick Street in Fayetteville, North Carolina, shall be paid by my Trustee, as follows: - One-half to her son, ROGER COLERIDER PIERCE, and the other one-half to my daughter MARY GERTRUDE COLERIDER SHARPE until said Roger Colerider Pierce shall attain the full age of thirty (30) years when the said trust as to said particular property shall cease and the Trustee shall turn the said property over to him and said MARY GERTRUDE COLERIDER SHARPE and execute and deliver a Deed conveying the title thereto to them in fee simple, as equal tenants in common, clear of all trust.

If said ROGER COLERIDER PIERCE, who is now eleven years of age, shall be under the age of twenty-one years when his Mother dies, then and in that event until he attains the age of twenty-one years, his share of the net income from said particular property shall be paid and applied by my said Trustee for and on account of his education and/or maintenance, and it shall have discretion and authority after he attains that age and until he attains the age of thirty (30) years to continue to use and apply his share of said income for his support, maintenance and benefit instead of paying it direct to him, if in the judgment of its executive officers at that time he shall not be of such character or habits to make it wise and for his own best interests that he have the responsibility of handling and using the same. himself.

Promptly after the deaths of my wife and of my daughter, Pearl Colerider Pierce, my Trustee shall pay in lawful money the sum of Five Hundred Dollars ($500.) to my Masonic Lodge, hereinbefore mentioned, for its charitable work, the receipt of the proper financial officer of said lodge shall be a full acquittance to my Trustee for the said payment. At the same time my Trustee shall also pay to the Masonic and Eastern Star Home now at Lamond Station, Takoma Park, District of Columbia, the sum of Five Hundred Dollars ($500.) for its uses and purposes, the receipt of its financial officer to be a full acquittance of my Trustee for said payment.

After paying said two legacies of Five Hundred Dollars ($500.) each, all the rest, residue and remainder of the corpus of said Trust estate, real and personal (exclusive of the said store at Person and Dick Street with the additions on Dick Street, in Fayetteville, North Carolina, hereinbefore provided for) shall be divided by my Trustee equally, or as nearly equally as may be into three parts: one of the said parts shall be paid, transferred, delivered and conveyed absolutely and in fee simple unto my son, SAMUEL WATKINS COLERIDER, if then living, or to his child, or children equally if he be then dead; one other part shall be paid, transferred, delivered and conveyed absolutely and in fee simple unto my daughter, MARY GERTRUDE COLERIDER SHARPE, if then living, or to her child, or children equally if she be then dead, and the remaining one-third part shall be held by my Trustee in trust for the benefit of my grandson, the said ROGER COLERIDER PIERCE, to invest and keep the same invested until he attains the age of thirty (30) years, until which time the net income shall be paid and applied to and for his education, maintenance and support in the discretion of my said Trustee, or entirely for his maintenance and support, if his education has been completed, or should he be unwilling or physically unable to take an educational course at that time, and upon his attaining the age of thirty years, the said one-third part of my estate shall be paid over, delivered, transferred and conveyed to him absolutely in fee simple, unless at that time he shall, in the judgment of the President and Vice Presidents of my Trustee, be unfit, or unworthy by reason of his character or habits to receive and have the said one-third part of my estate, in which case and event they shall transfer, convey and deliver the same to my children SAMUEL WATKINS COLERIDER and MARY GERTRUDE COLERIDER SHARPE, if then living, or to their respective children, if either or both of them be dead.

SEVENTH: During the continuance of this trust, the Trustee shall have all necessary and incidental powers and rights of control, management and sale of any property, or any investment or reinvestment, for the purpose of investment or reinvestment, and should it become necessary and highly advantageous to the estate, in the sound discretion and judgment of the executive officers of my said Trustee, to make sale of any real estate involved in this trust, then and only in that case, shall it have power and authority to sell and convey such real estate in fee simple. In the event of the sale, or sales of any real estate, the net proceeds thereof shall take the place of the property sold and be subject to the trusts hereinbefore declared and final disposition and distribution as hereinbefore set forth.

My said Trustee shall have power to make leases for a term of years of the real estate on such terms and conditions as it shall deem advantageous from time to time, until the time arrives for the division of the estate, unless the said estate should be sold as above provided. No person or corporation dealing with my trustee shall be under obligation to see to the proper application by it of the purchase, rental or other trust money.

Upon the division of the rest and residue of my estate, as aforesaid, my Trustee shall be entitled to deduct for its services in making the division of the estate in addition to the annual commission herein provided for which is to be based on income as aforesaid, a sum equal to two (2) per cent of the fair value of the estate.

EIGHTH: If any of my children, or the issue of any child or children of mine who may have died, shall file a caveat against, or in any other manner contest this my Will, or any part thereof, the child, or children, or issue of deceased child or children so contesting this will, or any part thereof shall thereby and thereupon forfeit all right, title and interest under this my Will and the part or share of my estate to which he, she or they would have been entitled if he, she or they had not contested this will, shall go to and in that event I give, bequeath and devise the same to my child, or children and issue of deceased child or children, if any, who shall not in any manner have contested this my Will.

NINTH: In the event that my Trustee hreinbefore [hereinbefore] named should decline or be, or become for any reason unable to act under this will, I desire that a Trustee be substituted by any Court having jurisdiction and, in that event, consent and direct that all the trusts, powers and duties, discretionary and otherwise, hereinbefore conferred upon or vested in my said Trustee be vested in and be exercised by such substituted Trustee.

FINALLY: I hereby revoke all former Wills and Testamentary writings by me made and declare this, and no other, to be my last Will and Testament and I hereby appoint The Lincoln National Bank of Washington to be the sole Executor hereof.

IN TESTIMONY WHEREOF, I have set my hand and seal to this my last Will and Testament at Washington in the District of Columbia this 30 day of June, in the year One Thousand Nine Hundred and Thirty-one. The preceding pages of this will - six in number have also be signed by me.

 


SIGNED, SEALED, PUBLISHED and DECLARED, by the above named testator, HENRY CLAY COLERIDER, as and for his last Will and Testament in the presence of us, who at his request, in his presence, and in the presence of one another, have hereunto subscribed our names as witnesses thereto and we have also written our respective initials on the margin of the six preceding pages of this Will.

 

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