Will of Lena R. Nave Chiles
(C. Avis Catalog entry #718)
(Document ID #78)
STATE OF ALABAMA)
JEFFERSON COUNTY)
KNOW ALL MEN BY THESE PRESENTS:
THAT I, Lena R. Chiles, of the City of Fairfield, Jefferson County, Alabama, being of sound and disposing mind and memory, do hereby make, publish and declare this My Last will and Testament, hereby revoking any and all other last Wills and Testaments by me heretofore made;
1. I give, devise and bequeath unto my daughter, Sue Chiles Morris absolutely whatever motor car or cars I my own at the time of my death; also I give, devise and bequeath unto my said daughter, Sue Chiles Morris, all of my furniture, furnishings, household goods, wearing apparel and all of my jewelry, with the exception of one ring with three small diamonds, which I give, devise and bequeath to my granddaughter, Mary Morris. I also give, devise and bequeath unto my said daughter all of my silverware.
2. I hereby nominated constitute and appoint, my son, David Ayers Chiles, my daughter, Sue Chiles Morris and Mr. W. G. Schuster as Trustees of my Estate under this, my Last will and Testament, subject to all the conditions and with all the powers and privileges hereinafter conferred upon them as such Trustees.
3. With the exception if that portion of my property given, devised and bequeathed in Clause one of my will, all of my property, both real estate, personal property and mixed property which I own at the time of my death shall constitute a Trust Fund to be held and disposed of by my said Trustees herein named, or their successors in the Trust, in the manner hereinafter set forth and for such purposes, I hereby give, devise and bequeath unto the said David Ayers Chiles, Sue Chiles Morris, and W. G. Schuster as Trustees of my Estate, all of my property, both real estate; personal property and mixed property, with the exception of that part given, devised and bequeathed in Clause One.
4. I give unto my said Trustees, David Ayers Chiles, Sue Chiles Morris and Mr. W. G. Schuster, full and complete power to administer all of my property in the same miner that I would be able to administer it personally without any legal restrictions placed by law upon the administration of Trust hands, except as herein noted. Any time after three (3) years from the date of my death, my said Trustees shall have full power to make sale of any part or all of my property and to reinvest the same in real estate situated in the City of Birmingham, Alabama, First Mortgages on such real estate, or in the paid up stock of the Alabama Home Building and Loan Association or the mortgage certificates of the Alabama Home Mortgage Company of Birmingham, Alabama, and all such reinvestments shall be subject to the terms of this Trust in every way, it being my wish that some part of my Estate shall be kept invested in the stock of said The Alabama Home Building and Loan Association and in the mortgage certificates of the said Alabama Home Mortgage Company and whatever part is not so invested is to be kept invested in the first mortgages on or in the purchase of improved real estate situated in the City of Birmingham, Alabama. In the event of the death, incapacity or refusal to act of any my said Trustees herein named, the others of the Trustees shall have full power to my such vacancy or vacancies and in the event of the death, incapacity or refusal to act of all of my Trustees herein named, then the Judge of the Probate Court of Jefferson County, Alabama, shall have power to name and appoint trustees of this my Last will and Testament and when such appointment shall have been made and acceptance made by such appointees, they shall proceed to execute the terms of the Trust hereby created. If my Estate is administered by the Trustees herein named, or by as many as two of them, then, in such event, the only bond which they shall give to the Probate Court shall be in the total sum of Ten Thousand ($10,000.) Dollars made by all of my Trustees acting as a unit. But in the event that a majority of such Trustees herein named shall fail to act and others are named in their stead, then their bond shall be fixed at such an amount as the discretion of the Probate Court directs. The Trust herein and hereby created shall, in any event, last for a period of three (3) years after the date of my death, and shall endure until Charles Dwight Chiles, Jr., son of my deceased son, Charles Dwight Chiles, reaches the age of twenty-one (21) years and in the event of his death, shall endure until his sister, Margaret Mooring Chiles, shall reach the age of twenty~one (21) years, or in the event of the death of both of them the Trust herein and hereby created, shall be executed and completed within a period of one (1) year after the death of the survivor of the said two children, Charles Dwight Chiles, Jr., and Margaret Mooring Chiles. Any two of my said Trustees shall have full power to act instead of all three of them in any matter except the selling and conveying of real estate.
5. My said Trustees shall dispose of my Estate constituting said Trust Fund in the manner followings: They shall pay to my son, David Ayers Chiles, and his wife, Clara J. Chiles, share and share alike, one-third (1/3) thereof; they shall pay to my daughter, Sue Chiles Morris, one-third (1/3) thereof, such payments to be made to the said David Ayers Chiles, Clara J. Chiles and Sue Chiles Morris at any time after three (3) years from the date of my death; the remaining one-third (1/3) of my estate, my said Trustees shall pay to Margaret Mooring Chiles and Charles Dwight Chiles Jr., share and share alike at any time after the younger of the two children shall have become twenty-one (21) years of age; and in the event of the death of either of them, such amount shall be paid to the survivor thereof. In the event of the death of both, the said Charles Dwight Chiles, Jr., and Margaret Mooring Chiles before they reached age or twenty-one (21) years, such part of my estate directed by my said Trustees to be paid to them shall revert to my estate and become the rest and residue thereof, and by my said Trustees shall be paid to said children, David Ayers Chiles, and Sue Chiles Morris; and in the event of the death of either or both of them, one-half (1/2) of the rest and residue of my estate shall be paid to the heirs of the said David Ayers Chiles and one-half (1/2) thereof to the heirs of the said Sue Chiles Morris, subject to the following; My said Trustees shall have the privilege of using the income from my Estate for the education of and maintenance of my grandchildren to any extent that they may deed necessary, but without any requirements as to same, leaving this as a matter of their discretion, and judgment without being in any way a charge on the Estate.
6. In the handling and distribution of Trust Funds, a receipt from any of said beneficiaries under the Trust for such portion or portions advanced or paid such beneficiaries shall be all the evidence required of such expenditure on the part of my send Trustees and my said Trustees shall not be required to make any other or further accounting for such funds so paid or distributed, but in no event shall the amount so paid and distributed exceed the net amount to which such beneficiary is entitled.
7. My said Trustees for their service in acting as Trustees shall fix the amount of their own compensation, which amount shall be at least One Hundred Dollars ($100.00) per annum and not in excess of Three Hundred Dollars ($300.00) per annum each for the first three (3) years that they act as such Trustees and thereafter such compensation shall not exceed One Hundred Dollars ($100.00) per annum each.
8. My Trustees shall be and act as Executors of my Estate and as such shall be exempt from giving any bond whatsoever except as herein before provided for, acting as much Trustees.
IN WITNESS WHEREOF, I the said Lena R. Chiles have to this My Last Will and Testament subscribed my name and affixed my seal on this the 25th day of August, 1926.
LENA R. CHILES (signed) (SEAL)
Signed, sealed, published and declared by the said
Lena R. Chiles as her last will and Testament in the
presence of us as witnesses, who in the presence of
each other, and in her presence have hereunto
subscribed our names on the day, month year as
aforesaid.
Frances H. Glasgow
Lewis H. Bush
Ruth T. Bush
JMN