2/7/1946 · ASSIGNMENT · book 29 page 654 doc 1209@29/654

52 I, LUCY M. W. POSTER, of Westerly, in the State of Rhode Island, hereby revoking all wills by me at any time heretofore made, do make, publish and declare this and my only and for my last will and testament, in manner following, that is to say,- FIRST: I direct my executor hereinafter named to pay all of my just debts and my funeral expenses. SECOND: I give and bequeath to Edwin B. Kenyon, for many years employed by me as a farmer, the sum of One Thousand Dollars ($1,000), provided he shall be in my employ at the time of my death. THIRD: I give and bequeath to William L. Wilcox, for many years employed by me as chauffeur, the sum of One Thousand Dollars ($1,000), provided he shall be in my employ at the time of my death. FOURTH: I give and bequeath to the Visiting Nurse Association of Westerly, a Rhode Island corporation, the sum of Three Thousand Dollars ($3,000). FIFTH: I give and bequeath to the Young Men's Christian Association of Westerly, a Rhode Island corporation, the sum of Five Thousand Dollars ($5,000). SIXTH: I give and bequeath to The Westerly Hospital, of said Westerly, a Rhode Island corporation, the sum of Five Thousand Dollars ($5,000). SEVENTH: I give and bequeath to the Washington Trust Company, a banking corporation of the State of Rhode Island, with its principal office in said Westerly, hereinafter called my said trustee, the sum of Five Thousand Dollars ($5,000), IN TRUST, during the lifetime of niece, Lucy F. Cross, of Ashaway, Rhode Island, to pay to her the income therefrom, with power to my said trustee at any time or from time to time, whenever in its own uncontrolled discretion any emergency in her health or other affairs makes such action advisable, to pay to her out of principal, in addition to income, such sum or sums of money as it deems advisable to meet the expenses of such emergency; and upon the death of the said Lucy F. Cross to transfer and pay over the property then retained in trust for her benefit in such manner as she shall have appointed by last will and testament, or in default of such appointment or so far as the same shall fail to dispose of such property, to transfer and pay over such property to those persons who would be entitled to inherit the same from her if she had died untitled thereto, and in the same proportions as they would be so entitled under the laws of the State of Rhode Island then in force governing the descent of intestate property; provided that if my said niece, Lucy F. Cross, shall predecease me, such disposition shall take effect as if she had survived until immediately after my death and then deceased testate or intestate, as the case may be. EIGHTH: I give and bequeath to said The Washington Trust Company, hereinafter called my said trustee, the sum of Five Thousand Dollars ($5,000), IN TRUST, during the lifetime of my niece, Edna Smith, of Ashaway, Rhode Island, to pay to her the income therefrom, with power to my said trustee at any time or from time to time, whenever in its own uncontrolled discretion any emergency in her health or other affairs makes such action advisable, to pay to her out of principal, in addition to income, such sum or sums of money as it deems advisable to meet the expenses of such emergency; and upon the death of the said Edna Smith to transfer and pay over the property then retained in trust for her benefit in such manner as she shall have appointed by last will and testament, or in default of such appointment or so far as the same shall fail to dispose of such property, to transfer and pay over such property to those persons who would be entitled to inherit the same from her if she had died untitled thereto, and in the same proportions as they would be so entitled under the laws of the State of Rhode Island then in force governing the descent of intestate property; provided that if my said niece, Edna Smith, shall predecease me, such disposition shall take effect as if she had survived until immediately after my death and then deceased testate or intestate, as the case may be.

54 or advisable in the course of the administration of my estate, to sell at private sale, at such prices and upon such terms as it shall see fit, including the acceptance of a purchase money mortgage for a portion of the purchase price, any property, real or personal, which I shall own at the time of my death and to execute assignments, transfers and conveyances thereof as it shall deem proper, without seeking or securing authority from, or the advice and direction of, the probate court having jurisdiction of the administration of my estate. IN TESTIMONY WHEREOF, I have hereunto set my hand this 6th day of September, in the year of our Lord one thousand nine hundred and forty first. Lucy M. W. Foster Signed, published and declared by the said LUCY M. W. FOSTER as and for her last will and testament in the presence of us, who, at her request, in her presence and in the presence of each other, have hereunto subscribed our names as witnesses. We further certify that the change in Clause Second initialed by us and the testatrix was made and so initialed prior to the execution of this will by her. Louise C. Coy 53 Elm Street, Westerly, R. I. J. Harold Kenyon 23 Grove Ave. Westerly, R. I. Harold B. Tanner 15 Westminster St. Providence, R. I. STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS. Clerk's Office of the Probate Court of the Town of Westerly, in the County of Washington, in said State. I, W. Russell Dower, Clerk of said Court, having, by law, the custody of the seal, and all the records, books, documents and papers of or appertaining to said Court, hereby certify the paper hereto annexed to be a true copy of a paper appertaining to said Court, and on file and of record in said office. WILL OF LUCY M. W. FOSTER In attestation whereof, I have hereunto set my hand and have affixed the seal of said Court, this 22nd. day of March, A. D. 1943. W. RUSSELL DOWER, Clerk (Seal of Probate Court) Received for record March 25th, A. D. 1943 at 3:00 o'clock m., and recorded by Town Clerk