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The Will of
CHARLES D. FOSTER


# 533 of 1909


I, Charles D. Foster, of the City of Wilkes Barre Pennsylvania, lawyer, do make and publish this as my last will and testament.

1. I do hereby nominate and appoint "The People Bank" of Wilkes Barre, state aforesaid, executor and Trustee of this my will.

2. I give and bequeath unto my daughter Florence my diamond stud and piano and unto my wife all my household furniture, without inventory.

3. Out of the first money that comes to hand my executor and trustee shall pay all my just debts and funeral expenses on demand.

4. I give and bequeath unto my friend G. L. Baldwin any sum of money he may owe me at my death on any and all accounts,

5. I give and bequeath unto my friend John McGahren Attorney all my law library and office furniture absolutely.

6. I give and bequeath to Jennie Wilcox who has been very kind to my sister Mrs. Olivia A. Manville the sum of fifty dollars.

7. I give and bequeath to Sophia Moorehead of Flemington N.J. the sum of one hundred dollars.

8. My executors and trustees are directed to expend one thousand dollars for a memorial window in the Episcopal Church of Wilkes Barre Pennsylvania to my deceased daughter Lilly Blanche. The same to be expended under the direction of my wife and daughter Florence in connection with the trustees of said Church as to style and Finish.

9. I give and bequeath to my name sakes, Charles Fuller, Charles Booth, Charles Phoenix and Foster Hutchinson each fifty dollars. To Clay Osborn and Carrie Stewart for whom I am god father, fifty dollars each.

10. I direct my said executors and trustees to expend for my half sister Olive A. Manville so much as may be necessary for her comfortable support not exceeding one thousand dollars per year ($1,000) during her life. Only in case her own estate should be insufficient for the purpose.

11. I give and bequeath unto "The Home for Homeless Women in Wilkes Barre Pa" five hunderd dollars.

12. I give and bequeath unto "The Luzerne County Humane Asociation for the Preservation of Cruelty to aged persons, children and animals", five hundred dollars.

13. The above bequests payable in money shall be paid out of the income of my estate as it shall accrue.

14. I do hereby give devise and bequeath unto my said executor and trustee all the rest and residue of my property and estate of all kinds whatsoever and wheresoever situate owned by me at the time of my death in Trust nevertheless for the following uses and purposes.

A. To collect all indebtedness due me on notes, judgements, book accounts mortgages and other evidences of debt including any sum due my estate, on life insurance policies; to collect and receipt for all rents due and accruing on real estate and all incomes, interest and divends on all stocks and bonds held by me. The principal of all investments left by me to remain as I leave them except there be some very urgent and real necessity for changing them and then only upon approval of my wife and daughter or the survivor in writing. I direct that my friend G. L. Baldwin shall be employed as agent to rent my real estate and to see to the payment of taxes, insurance and the making of all needful repairs.

B. All the rest and residue of the rents, incomes and dividends of my estate, after deducting costs of taxes, insurance and repairs, shall be paid quarterly to my wife Mary J. Foster and my daughter, Florence in equal shares during their lives, and to the survivor of them after the death of either. The bequests to my said daughter shall not be subject to anticipation or any execution or attachment on any account whatever and the same shall be free from the control of her present or any future husband.

C. At the death of my said daughter, if she shall survive my said wife leaving a child or children or the issue of any deceased child, then living the principal of all my property and estate shall go to and become vested in such child or children and the issue of any deceased child, such issue to take his or her share by representation.

D. After the death of my said wife and daughter in case my said daughter shall leave no issue aforesaid, then three fourths of all my property and estate shall go to and become vested in my next of kin then living, share and share alike those of the half blood taking equally with those of the whole blood when of the same degree, and one fourth thereof my be disposed of by the survivor of my wife and daughter by will and in default of such will then the whole estate to go and become vested in my next of kin as aforesaid.

E. Whenever and as often as it shall become necessary for my said executor and trustee to invest any funds belonging to my esatate, they shall have the power to do so, confining themselves to legal securities and considering absolute safety more desirable than big incomes. And if my wife and daughter or either of them prefer an investment in a suitable; becoming home for themselves, or each of them, my said executor and trustees shall have the power to make such investment in the city of Wilkes Barre or elsewhere and permit them to occupy the same for life without rent.

F. My executor and trustee shall have power to sell and by lawful deed to convey any of my real estate with the written consent of my wife and daughter or the survivor of them and shall have power to complete all contracts for sale of land made by me by making deed for same on payment of the purchase money.

(Here there is a handwritten note signed by the register Chas. B. Smith:--The missing portion of this paragraph was cut from the original will (refer to original).)

direct my said executor and trustees to
mploy John McGahren as legal advisor in
ansaction of the business entrusted to it under
my last will and testament.
witness whereof I have hereunto set my
nd and seal this 23rd day of Nov. 1903,
sence of
aldwin
McGahran

Charles D. Foster

Now 30 Jany 1909 I, C. D. Foster of the City of Wilkes Barre Pa. do make this codicil to my last will.

I give devise and bequeath to Wm Bulford of the Borough of Dallas Luzerne Co. the farms which he has under lease in the township of Jackson Luzerne County Penna., known as the Foster Homestead and the Hazleton farm containing three hundred and twenty one acres for life; or in fee, if he has issue. Subject to the payment of three Hundred dollars to my wife, Mary J. Foster during her life and like amount to my daughter Narcissa Florence Jenkins during her life.
In case of William dying without issue I will devise and bequeath the above described property to the United Charities of the City of Wilkes Barre Pa. the society to pay my wife three hundred dollars a year during her life and my daughter a like sum.
I give to May V. Smith one thousand dollars
To Nurse Hope two hundred & fifty dollars
To Nurse Lewis two hundred & fifty dollars
To Mattie Daniels living with Miss Smith two hundred & fifty dollars -- These persons having been very kind to me in sickness
Witness my hand & seal

Charles Foster

Witness present at signing at the request of the testator and in the presence of each other
Geo. J. Hartman
E.F. Heller

I, C. D. Foster, the within named testator do hereby make and publish this codicil as a supplement to my last will and testament bearing date the 23rd day of Nov. 1903 and my former Cocicil to said last will and testament bearing date 30th day of January 1909 in manner following to wit,

Item. I give and bequeath to the Benevolent and Protective Order of Elks Branch 109 of Wilkes Barre the sum of two hundred dollars.

Item. I give and bequeath to the Wyoming Historical and Geological Society of Wilkes Barre the sum of five thousand dollars.

Item. I give and bequeath to Saint Stephens Episcopal Church of Wilkes Barre Pa of which Rev. Henry L. Jones is rector the sum of ten thousand dollars.

Item. I give and bequeath the sum of twenty thousand dollars to William Bulford of Dallas Pa in trust that he shall pay to and distribute said sum of money among the heirs of my dear mother Mary B. Foster lineally descended from her by her first marriage; her name at the time of her marriage to my father being Mary B. Bulford. The said legacy to be paid to said heirs in such shares and proportions as they would be entitled to take under the intestate laws of Pennsylvania if the same had been inherited by them from her.

The above bequests are to be paid by my said executor and trustee out of the income of my estate as follows; the bequest to the Elks Branch 109 of Wilkes Barre Pa in six months from the date of my decease; the bequest to said Historical and Geological Society in two years from the said date; the bequest to the Church above named in three years from the said date and the bequest for the Bulford heirs herein mentioned in five years from said date.

In witness whereof I have hereunto set my hand and seal this 17th day of September in the year of our Lord one thousand nine hundred and nine.

C. D. Foster

Signed sealed and published by the
said C.D. Foster as and for a codicil
to his last will and testament in
the presence of us and in the
presence of each other have at his
request subscribed our names as
witnesses thereto.
John McGahren
J. Lormur


Date of Death, September 29th 1909


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