Ashby.Thos.1917.Hopkins.WILL

Last Will and Testament of THOS. H. ASHBY.

   Know All Men By these Presents, that I, THOS. H. ASHBY of Heber Springs,
Cleburne County, Arkansas, being of sound and disposing mind and memory, do
make and publish this my last Will and Testament, hereby revoking all former
wills by me heretofore made.

   To-Wit: First, all my of my just debts, if there be any, shall be paid as
soon as possible.

   Then, I bequeath to my brother, GEORGE M. ASHBY of R.F.D. No.4,
Madisonville, Hopkins County, Kentucky, Two Hundred Dollars($200.) in cash
at my death, and an annuity of Two Hundred Dollars($200.) per year payable
annually as hereinafter provided; also an amount sufficient to pay all
burial expenses of said brother and erect a nice monument at the head of his
grave at his decease, should his estate be inadequate for this purpose.

   To my brother, HENRY W. ASHBY, of the same address, I bequeath a
competency or annuity sufficient to supplement or replace, when exhausted,
his own income and insure him every reasonable comfort during the remainder
of his natural life, same to include besides living expenses, such expenses
as Doctor's bills, operations, and any other costs or expenses which, in the
opinion of the trustees hereinafter named, shall be desirable or conducive
to prolong his life or improve his comfort. Said competency to be paid out
of the trust fund hereinafter created by the trustees thereof at such times
and in such amounts as they deem proper; provided, however, that such
competency shall not exceed the residue of the interst and dividends
accuring from the $10,000.00 trust fund to be established for this purpose,
after the annuity devised above to GEORGE M. ASHBY has been deducted.

   To provide the above annuity and competency for my brothers.  George and
Henry, it is my will, and I hereby order and direct, that a trust fund of
Ten Thousand Dollars ($10,000.00) be raised out of my estate and invested in
real estate, banks, mortgage notes or bonds, or other interest bearing or
dividend producing securities, which in their judgment are safe investments,
by the executors of this Will, as trustees, or in default of their accepting
or retaining the trust, by their successor or successors in this trust, who
shall be appointed by the proper Court.

   If the executors of this will, deciding not to accept this trust, shall,
together with all of the parties beneficially interested therein, elect, and
agree upon who should be appointed to receive this trust, it is my desire
and will that the Court appoint such person or persons upon application
therefor; to perform the duties of this trust as provided in this, my Will.

  At the death of my brothers, George and Henry the principal and unused
interest and dividends of the aforementioned trust fund shall be added to
and become a part of the trust fund hereinafter created for my daughter,
ROSA M. ROBINSON, and be subject to the same conditions and stipulations
thereof.

   If she survives me, I bequeath to my daughter, ROSA M. ROBINSON, Five
Thousand Dollars ($5,000.00) in cash, notes or real estate; also the
interest and dividends that shall accrue from the remainder of my property,
real and personal, less the expenses of the management thereof)which
remainder shall be held and constituted into a second trust fund by the
trustees named herein or their successor or successors in this trust, who
shall succeed and be succeeded as hereinbefore provided, and invested by
them as are the funds of the first mentioned trust; the said interest and
dividends be paid my said daughter annually, and I hereby will that nether
the $5,000.00 devised to her above nor the principal, interest or dividends
from any other property devised to her in this will shall be subject to the
control, debts, or engagements of the sole and separate use of herself and
her children, if there be any, such children to be provided for at her death
as hereinafter stated; it is my desire and will that the last mentioned
trust fund be continued and administered until the said trustees or their
successors are convinced beyond a reasonable doubt that the said ROSA M.
ROBINSON has become competent, capable and disposed to properly manage such
property thriftly and frugally, when they are free to convey such property
or any part thereof to her subject to the same conditions as attend the
above mentioned $5,000.00, as bequest.

   Any children of my said daughter, shall, at her death, be provided for as
follows: A trust fund of Ten Thousand Dollars ($10,000.00) shall be raised
from the above property devised to her direct or in trust, by the executors
of this will if her demise occur before their settlement has been made, or
by the trustees of the above mentioned trust fund, if later, who shall
invest the said $10,000.00 as shall be the foregoing trust funds, the
interest and dividends therefrom to be prorated among said children by said
trustees or paid by them to the guardian of said children and by him
prorated equally among them; this arrangement to continue until all of said
children are 21 years of ages when the principal and all remaining interest
and dividends shall be divided equally among them. 

   If, after, raising the last above mentioned trust fund there should
remain a residue of property devised direct or in trust to my said daughter,
it is my will that such residue shall be devided equally among my three
nieces, KATHRYN and MADELINE KERCHEVAL of Madisonville, Hopkins County,
Kentucky, R.F.D. 4, and GOLDIE K. ASHBY of Hanson, Hopkins County, Kentucky,
their heirs and assigns.

   Should my daughter, ROSA M. ROBINSON die before the above said $5,000.00
shall have been paid her, and she is married at the time of her death, it is
my will that One Thousand Dollars ($1,000.00)be paid her then husband from
said $5,000.00 legacy; the remainder to go as above provided if she leaves
issue; if she leaves no issue, said remainder shall be divided equally among
my above mentioned nieces, KATHRYN and MDELINE KERCHEVAL and GOLDIE K.
ASHBY, their heirs and their heirs and assigns.

   Should the trust fund to be established for my daughter, ROSIE M.
ROBINSON, remain in trust at her death, assigns, by reason of her having
failed to convice the trustees thereof of her ability to properly manage
such peoperty and receive conveyance thereof, it is my will that same,
together with any residue remaining from the above mentioned $5,000.00
bequest, shall be divided equally among my said neices, KATHRYN and MADELINE
KERCHEVAL and GOLDIE K. ASHBY, provided she leaves no issue, but if she
leaves issue, same shall go as hereinabove provided.

   The expenses of executing this will and each trust hereinbefore named
shall be paid out of the legacy, or trust fund for which such expense is
incured, by the executors or trustees thereof.

   I desire and will that all annuities and competencies shall take date
from the date of the probation of this Will, and that all legacies not
annuities, competencies, or trust funds, shall be paid within Eight(8)months
form the same date.

   I hereby authorize and empower the executors of the will, and in the case
of the trust fund for any children of my daughter, if raised after the
executors settlement his been made, by the trustees thereof, to sell and
convey any real estate of which I may die possessed, for the purpose of
raising any or all such sums of money as shall be required for the trust
funds, annuities, competencies and legacies hereinbefore directed to be
created, given and bequeathed.  All such sales to be made by public vendure,
after notice thereof shall have been published in atleast one newspaper,
nearest the property to be sold, at least 15 days prior to such sale.

   I hereby appoint W.E. KERCHEVAL of Madisonville, Hopkins County, Kentucy,
and O.A. ASHBY of Hanson, Hopkins County, Kentucky, executors of this will
and trustees of the trust funds herin created without bond, and I hereby
waive and release them from any liability for any and all losses arising
from the investment of all trust funds or the administration thereof, during
their trusteeship, except in case it is clearly shown that such funds were
purposedly and malignantly misappropriated or misused.

   In Witness Whereof, I, the aforenamed testator, do declare this to be my
last will and testament and have hereunto set my hand, this the 3 day of May
1917.  Signed THOS. H. ASHBY
                          Testor.

   We, the undersigned witnesses hereby certify that the foregoing will was
read by us to THOS. H. ASHBY as and for his last Will and Testament; that he
signed same in our presence and we signed same, at his request, in his
presence and in the presence of each other.

   Witness our hands this the day and year above written.
                                              R.M. DASHIELL
                                              W.C. JOSHNSON
                                                    Witnesses.


PROOF OF WILL.
State of Arkansas,
County of Cleburne.

    Personally appeared before me A.I. DAVIS, Clerk of the County and
Probate Court of Cleburne County, Arkansas, W.C. JOHNSON to me well known,
who being duly sworn says: That he is a citizen of Cleburne County,
Arkansas, W. C. Johnson to me well known, who being duly sworn says: That he
is a citizen of Cleburne County, Arkansas, 35 years of age and president of
the Arkansas National Bank, of Heber Springs, Arkansas: that he was
personally well acquainted with THOS. H. ASHBY in his lifetime and was one
of the subsscribing witnesses to the foregoing instrument of writing
perporting to be the last Will and Testament of THOS. H. ASHBY, deceased;
that said instrument was executed at the time, place, and by the person
therein named; that said THOS. H. ASHBY, the Testor, was at the time of
signing said instrument upward of twenty-one years of age, and of sound and
disposing memory, and in my presence and the presence of R.M. DASHIELL,
THOS. H. ASHBY declared it to be his last Will and Testament, and
subsscribed his name thereto in the presence of myself and R. M. DASHIELL;
that at the request of said Testator said R. M. Dashiell and this affiant
wrote their names to the said Will in his presence and in the presence of
each other; that the subsscriptions to the foregoing instrument of writng
are genuine, and that said instrument whcih is hereto attached is the
identical one that affiant and R. M. DASHIELL so witnessed and saw the said
THOS H. ASHBY sign.  that the said R. M. DASHIELL is since deceased.
                         W.C. JOHNSON

    Subscribed and sworn to before me this 18th day of July 1921.
                                      
                                             A. Q. DAVIS.
                                                County and Probate Clerk

(Seal)

Note: I copied this Will as written.  Is there anyone who can tell me who
this ASHBY family is? I'm descendent of JOHN ASHBY(Coles Co., IL.) and I am
interested to place THOS. Any help is much appreciated!
Carol Ashby Watters
Heber Springs, AR.




Submitted by: cwatters@cswnet.com
Date: Fri, 27 Jun 1997