Shared Note
| Shared Note: - Emeline's will was written on January 16, 1917. She stated "..all the rest, residue and remainder of my property, real and personal and of every name and nature, I give, devise, and bequeath to my grandson Freeman S. Livingston. " She also stipulated that her husband Edward R. Smith "..shall have a home with him, on my place, if he desires it, as well as all maintenance for him necessary, beyond what he is able to earn, as long as he lives.....but my grandson , asforesaid, shall have full control and management of my property." Emeline appointed her brother-in-law, Alonzo Smith, as her executor, until her grandson Freeman S. Livingston, turned 21. Freeman Livingston was still a minor at the time Emeline wrote her will. Edward and Emeline were living in Ridgeway at the time of her passing, which was on January 15th, 1918.
Edward applied for proof of the will on February 1, 1918, and this occured on February 18, 1918. Alonzo Smith was sworn in as executor on February 27, 1918.
One of the documents in the Probate file states the Alonzo Smith took no steps to execute the will, as the time of Freeman Livingston's 21st birthday was fairly close at hand. Freeman turned 21 on August 21, 1918. In another document, Alonzo Smith steps aside as executor of the will of Emeline Smith so that Freeman Livingston can fufill that role.
The language in Emeline's will is interesting. Absolutley no mention of her daughter, Lillie Smith is made, though her entire estate is given to her grandson Freeman Livingston. Notice also, that while she makes allowances for her husband Edward to have a place to live, she turns the control of the entire estate over to Freeman. Edward could live in the house, but could not sell it.
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