Wills: JAMES HUNTER, East Mahoning Township, Indiana County, Pa. Contributed for use in USGenWeb Archives by Don Beatty. DonBea@aol.com USGENWEB NOTICE: Printing this file by non-commercial individuals and libraries is encouraged, as long as all notices and submitter information is included. Any other use, including copying files to other sites requires permission from the submitters PRIOR to uploading to any other sites. We encourage links to the state and county table of contents. _________________________________________________________________ Will Proved Sept. 18,1905 Will Book No 11 Page 234 Be it remembered that I, James Hunter, of East Mahoning Township, County of Indiana, and State of Pennsylvania, being of sound and disposing mind, memory, and understanding , do make, publish, and declare this to be my last will and testament in manner and form following, that is to say: Item 1. I direct that all my just debts and funeral expenses be paid out of my estate by my executors, herein after named, so soon after my decease as can be conveniently done, and for this purpose I direct the immediate conversion of all my personal estate into money, Item 2. If I shall have, during my lifetime, sold my real estate, then the proceeds thereof, shall, together with the residue of my personal estate, after deducting therefrom a legacy of five hundred dollars, which I hereby give and bequeath to Minnie Hunter, wife of my son, Ed L. Numter, be divided into seven equal shares , which I give, bequeath and direct to be paid and distributed as follows: To my son David Hunter, one share To my daughter, Mary E. Smyers, one share To my son, John M. Hunter, one share To my son, Kinley Hunter, one share To my grandsons, Clarence and Roy Beatty, sons of my daughter, Isabella Beatty, deceased, one share to be equally divided between them To my grandchildren, Glenn, Mary, Craig, and Ruth Hunter, children of my son, Ed. L. Hunter, two shares, to be equally divided between them, after deducting therefrom any indebtedness of my said son, Ed L. Hunter, to me at the time of my decease Item 3. Should I, in my lifetime, have contracted for the sale of my real estate, then I hereby authorize and empower my executors hereinafter named, to execute and carry out such contract , receive the unpaid purchase money, execute such deed or deeds as may be necessary to vest the title to such real estate to the purchaser or purchasers. Such purchase money, and the residue of my personal estate as aforesaid to be distributed as aforesaid, said legacy to Minnie Hunter to be first deducted, and the indebtedness of Ed L. Hunter to me to be deducted from the two shares to his children. Item 4. Should my real estate remain unsold at the time of my decease, then I hereby authorize, empower, and direct my said executors to sell the same as soon as practicable after my decease at public or private sale, in whole or in part, and to make, execute and deliver to the purchaser or purchasers thereof, deed or deeds, who shall not be required to see the application of the purchase money The proceeds of such sale or sales and the residue of my personal estate to be distributed as aforesaid, deductions to be made as in the preceding items thereof Should any claim be made against my estate by my son, Ed L. Hunter, and Minnie Hunter, his wife, or either of them , the said legacy of five hundred dollars and the two shares directed to be paid their said four children as aforesaid , shall be forfeited , and my whole estate, after deducting my just debts, and funeral expenses , shall be divided into five shares and paid and distributed as follows: David Hunter, Mary E. Smyers, John M. Hunter, Kinley Hunter, each one share, to Clarence and Roy Beatty one share to be equally divided between them, and I do will and direct accordingly , it being my desire that there shall be no controversy in regard t o my estate. And lastly, I do make, constitute and appoint my sons David Hunter, John M. Hunter, and Kinley Hunter to be the executors of this, my last will and testament, hereby revoking all former wills and testaments by me at any time heretofore made, and declaring this to be my last will and testament . In witness whereof, I have hereunto affixed my seal, this twenty first day of January, 1905 Signed James Hunter Witnesses Thomas H. Craig and Edward R. Pfeiffer Codicil. Whereas I, James Hunter, of East Mahoning Township, Indiana Co., Penna. did on the twenty first day of January, A.D. 1905 make my last will and testament of that date, I do now declare this to be a codicil to the same. No. 1. I hereby ratify and confirm my said will in every particular . save as any part of it is inconsistent with this codicil I hereby revoke the legacy of five hundred dollars by my said will given to Minnie Hunter, wife of my son, Ed L. Hunter, and also the bequest of the two shares of the balance or residue of my estate by my said will directed to be paid and distributed to the four children of my said son, Ed L. Hunter, and will and direct that said legacy of five hundred dollars and the said two shares to be paid and distributed to my son, Ed L. Hunter, but should my son, Ed L. Hunter, and Minnie Hunter, his wife, or either of them make any claim against my estate, the said legacy and also the said two shares shall be forfeited and my said estate shall be divided into five shares , the same to be paid and distributed as provided and directed by my said will Witness my hand and seal this second day of February A.D. 1905. James Hunter Witnesses Thomas H. Craig and Edward E. Pfieffer