2/17/1908 · EASEMENT · book 16 page 85 doc 6320

442 THE STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS. Probate Court of the Town of Cumberland PROVIDENCE, SC. February 13, A. D. 1934. OFFICE OF THE CLERK CERTIFICATE I, Helen M. Ryan, Deputy Clerk of said Court, having by law the custody of the seal, and all the books, records, documents and papers of or appertaining to said Court, hereby certify the annexed to be a true copy of the LAST WILL AND TESTAMENT of FREDERICK HINDLEY- late of said Cumberland, deceased--on file and of record in this office. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said Court the day and year first above written. (TOWN SEAL) HELEN M. RYAN Deputy Clerk. I, FREDERICK HINDLEY, of the Town of Cumberland, in the State of Rhode Island, do hereby make, publish and declare this to be my last will and testament, hereby revok- ing all other wills, codicils and testamentary dispositions heretofore by me made. FIRST: I order and direct that all my just debts, funeral expenses and the expenses of administering my estate shall be paid from my estate according to law in the due course of its administration. I further will and direct that all estate, inheritance, succession and/or transfer taxes which may be payable on or with respect to any securities or property belonging to my estate, or any interest hereby created therein, shall be paid out of my residuary estate. SECOND: I give and bequeath all my household furniture, books, pictures, china, silverware, glassware, jewelry, wearing apparel, automobiles, clothing, all my other personal property, and all other articles of personal or household use or ornament that I may own at the time of my decease to my brother James A. Hindley, and my sister, Esther C. Hindley, absolutely, as joint tenants, with the right of survivorship. THIRD: I give and devise to my brother James A. Hindley, and my sister Esther C. Hindley, as joint tenants and not as tenants in common, all real estate, or interest in real estate, which I may own at the time of my decease, excepting, however, from this devise any interest in real estate which I may own as a partner in the Hindley Manufac- turing Company, a partnership doing business in the Town of Cumberland, in the State of Rhode Island. FOURTH: I give and bequeath to the following-named persons the sums set oppo- site their respective names if they shall be respectively living at the time of my decease; (a) To Nettie E. Hindley, wife of my brother Walter Hindley, the sum of Three Hundred Dollars ($300.) (b) To Elizabeth Hindley Whitman, Daughter of my brother Walter Hindley, the sum of Three Hundred Dollars ($300.) (c) To James Wilfred Hindley, son of my brother Walter Hindley, the sum of Three Hundred Dollars ($300.) (d) To Charles Justin Hindley, son of my brother Walter Hindley, the sum of Three Hundred Dollars ($300.) (e) To Jeannette Hindley Helgerson, daughter of my brother Walter Hindley, the sum of Three Hundred Dollars ($300.)

443 (f) To Beatrice Hindley, daughter of my brother Walter Hindley, the sum of Three Hundred Dollars ($300). (g) To Theodore William McCauley, son of my sister, Sarah E. Mc Cauley, the sum of Five Hundred Dollars ($500). (h) To James Croton McCauley, son of my sister Sarah E. McCauley, the sum of Five Hundred Dollars ($500). (i) To John P. McCauley, husband of my sister Sarah E. McCauley, the sum of Five Hundred Dollars ($500). (j) To Catherine Pennessy, an employee in my household, the sum of Fifty Dollars ($50). FIFTH: I give, devise and bequeath, absolutely and in fee simple, one-half (1/2) of my right, title and interest in the partnership of Hindley Manufacturing Company and in and to all of the property constituting my share in said partnership, whether real, personal or mixed, to my brother, Walter Hindley. I give, devise and bequeath, absolutely and in fee simple, my remaining half interest in said partnership and in and to all the property constituting my share in the said partnership, whether real, personal or mixed, to my brother James A. Hindley in case he shall survive me. In the event that my brother James A. Hindley should precede me, then I give, devise and bequeath, absolutely and in fee simple, said half interest to my sister Esther C. Hindley in case she shall survive me. I direct that my interest in this partnership shall not become assets in the hands of my executor but shall pass immediately upon my decease to these specific legatees under this FIFTH paragraph of this my last will, subject, however, to the claim of my executor to obtain these assets for the payment of my just debts in the event that it is necessary to do so. SIXTH: I give and bequeath to my sister Sarah E. McCauley, the sum of Two thousand Dollars ($2000). SEVENTH: I give and bequeath to my sister Esther C. Hindley, the sum of Five Thousand Dollars ($5,000) provided that she shall be living at the time of my decease. EIGHTH: All the rest, residue and remainder of my estate, real, personal or mixed, wherever situated, of which I die seized or possessed, whether in possession, reversion, remainder, expectancy or otherwise, or over which I may have any power of appoint- ment, disposition or control, which power I hereby expressly exercise, and also including all real estate by me hereafter acquired, I hereby give, devise and bequeath absolutely and in fee simple, to the following named persons, who shall take the share and proportion of the said residuary estate as is set opposite their respective names, viz.: (a) To my sister Esther C. Hindley, thirty per cent. (30%) of said residuary estate if she shall survive me. If she shall precede me, then I give devise and bequeath said thirty per cent. (30%) of my residuary estate to my brother James A. Hindley if he shall be living at the time of my decease. (b) To my brother James A. Hindley, thirty percent. (30%) of said residuary estate if he shall survive me. If he shall precede me, then I give devise and bequeath said thirty per cent. (30%) of my residuary estate to my sister Esther C. "indley if she shall be living at the time of my decease. (c) To my Brother Walter Hindley, twenty per cent. (20%) of said residuary estate. (d) To my sister Sarah E. McCauley, twenty per cent. (20%) of said residuary estate.

444 NINTH: Whereas I have, prior to the making of this my last will and test- ament, entered into an agreement dated November 22, 1927, with my brothers James A. Hindley and Walter Hindley partners with me in the Hindley Manufacturing Company, a copartnership, whereby it was provided and agreed that an option be given for the purchase of my interest or the interest of my estate in and to said partnership and the assets and business thereof, I hereby ratify and confirm so far as may be nec- essary such disposition of my interest in the copartnership and in the assets and business thereof as the same may be at the time of my decease. TENTH: I nominate and appoint my brother James A. Hindley to be the exe- cutor of this my last will and testament. In case my said brother James A. Hindley should predecease me or should be unwilling or unable to act, I hereby nominate and appoint my brother Walter Hindley to be the executor of this my last will and testament. I hereby direct that my executor shall be exempt from giving bond to any court to which this will or an authenticated copy thereof may be offered for probate or record, but if any local law shall make the giving of a bond imperative, then I direct that the said executor shall be exempt from furnishing surety thereon. ELEVENTH: I direct that my executor shall be exempt from filing any inventory of my estate or any accounting of my estate covering the period of the administration thereof. TWELFTH: I hereby authorize and empower my executor to sell, either at pub- lic or private sale, any of my real or personal estate for the purpose of settling my estate for such prices as said executor deem best, and to execute and deliver all such deeds and other instruments as may be necessary or proper for such purposes. And I hereby declare that no purchaser shall be bound to inquire into the necessity for any such sale or to see the application of the purchase monies or be responsible for the loss or misapplication thereof; provided, however, that the foregoing power of sale with regard to real estate shall cease and determine at the expiration of fifty-six (56) weeks after my decease, and with respect to personal property after the distri- bution thereof. IN WITNESS WHEREOF, I have hereunto set my hand and seal at the end of this my last will and testament and have written my name in the margin of the four preceding pages hereof this 11th day of March, A. D. 1932. FREDERICK HINDLEY L.S. Signed, sealed, published and declared by the above-named Frederick Hindley as and for his last will and testament in the presence of us, who, being present at the same time, at his request, in his presence and in the presence of each other, have hereunto set our names as witnesses. FANNY GIGSON West Warwick, R. I. Nell M. Field Providence, R. I. James F. Armstrong Providence, R. I. Received for record April 11th, A. D. 1936 at 6:00 o'clock, p. m., and recorded by [Signature] Town Clerk.