Last Will and Testament of John Byng

BYNG, PHILLIPS, AMONT

Posted By: Char (email)
Date: 6/1/2010 at 20:26:42

I John Byng of Padacha in the State of Kentucky hereby make my last will and testament intending thereby to dispose of all the property which I may own at the time of my decease as follows:

1. I desire all my just debts and funeral expenses paid by my executor.

2. I give and bequeath unto my beloved wife Emma Byng all the monies, credits, promissory notes and property of every kind which I may own or be entitled to at the time of my death save and except the one hundred and fifty shares of the Capital Stock of the Paducha Lumber company owned by me. I further give and bequeath unto my said wife an annuity of six hundred dollars each year during her natural life payable in monthly payments of fifty dollars each month during her natural life from the time of my death and to be paid to her by my son Enoch F. Byng his heirs, executor or administrators out of the property hereinafter bequeathed to him.

3. I give and bequeath unto my said son Enoch F. Byng said one hundred and fifty shares of the Capital Stock of said Paducha Lumber Company but subject to and charged with the payment by him, his heirs, executors or administrators to my said wife of said annuity of six hundred dollar each year during her natural life as aforesaid and for the better security of the payment of said annuity I authorize my said wife to hold said share of said stock and the certificates thereof during her natural life and to vote the said shares at all meetings of said Company if she shall desire so to do hereby intending to give her a first and paramount lien and claim upon all of said shares of stock and the income and dividends arising therefrom for the payment of said annuity to her as aforesaid and should my said son, his heirs, executors or Administrators fail to pay my said wife said annuity in the manner aforesaid then my said wife is hereby given the power and right to use as much of the dividends or income arising from said shares as my be necessary to satisfy and pay said annuity as it becomes payable and in case the dividends or income of said shares should be insufficient to fully pay said annuity as it becomes payable and my said son his heirs executors or administrators should fail to pay the same then in such case my said wife is authorized to sell so much of said stock as may be necessary to fully pay said annuity as it becomes payable as aforesaid and the bequest of said shares to my said son is made subject to all the said rights of my said wife thereto and therein for the payments of said annuity to her.

Should my said son deem it advisable to sell said shares or exchange them for other property during the natural life of my said wife then upon the written consent of my said wife thereto and upon his satisfactorily securing the payment to her of said annuity each year during her natural life, I authorize him to so sell or exchange said shares.

4. The property above bequeathed to my said wife and said annuity are given to here absolutely as her own property and in her own right and the same is in lieu of her dower and of any other share of my property to which she might be entitled by law, and in the event of the death of my said wife before my decease then and in such case I give and bequeath all of my property and estate to my said son Enouch F Byng his heirs and assigns absolutely.

5. I hereby appoint my said son Enoch F. Byng executor of this will and exempt him from the necessity of giving bonds for the execution of such trust.

6. I hereby revoke all former wills by me made. In witness whereof I have hereto set my hand and seal this _________ day of May A. D. 1883.
John Byng (Seal)

The above instrument was at the date thereof subscribed declared and acknowledged by the said testator John Byng as and for his last will and testament in the presence of us who at his request in his sight and presence and in the presence of each other have subscribed our names as attesting witnesses.
Geo. E. Phillips
Clifton Amont

State of Iowa }
Clinton County } SS
I William Kreim, clerk of the District Court in and for said County do hereby certify that on this day at the January Term A. D. 1889 of said Court the will and instrument in writing hereunto annexed and bearing date in the __ day of May 1883 was duly proved before and allowed by said court as and for the last will and testament of the real and personal estate of John Byng late of said County deceased and was by said Court ordered to be recorded as such will and testament. In witness whereof I have hereunto at my hand and affixed the seal of the court at my office in Clinton in said County this 17th day of January A. D. 1889.
Seal – William Kreim, Clerk