The Last Will and Testament of Richard Dempsy
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I, Richard Dempsy, of the City of Philadelphia, being in feeble health, but of sound mind, memory and understanding, do make, publish and declare this writing to be my last will and testament; hereby revoking all wills and testamentary writings by me at any time heretofore made.
First—I direct that as soon after my decease as conveniently can be, all my just debts and funeral expenses be fully paid and satisfied.
Second—I give, devise and bequeath my wife Elizabeth Dempsy, my dwelling-house, Situate No. 1711 Wallace Street, in the City of Philadelphia, and the furniture, fixtures, &c., therein contained, for and during the term of her natural life; my executors paying the taxes thereon, and the expense of all needful repairs.
I also give and bequeath to my said wife the sum of Three Thousand and Six hundred dollars ($3,6OO) per annum, during her natural life; the said sum to be paid to her in half-yearly payments; the first payment to be made to her within one month after my decease.
And for the purpose of securing the prompt and regular payment of the said annuity, I hereby direct my Executors hereinafter named, to set apart a sufficient amount of Securities belonging to my estate, not less than Seventy thousand dollars, such as they may select, so that the said annuity shall in no event fall below the said sum of Three thousand and Six hundred dollars.
Third—After the decease of my said wife, I direct that my Executors or the survivor of them, shall sell and dispose of my said house and furniture at public sale for the best price that can be obtained for the same, either for cash, or for part cash and part mortgage, and the proceeds of the said sale, together with the sum of Sixty thousand dollars, the principal of the said annuity of rfhree thousand and Six hundred dollars, I give and bequeath as follows, viz: One-third part thereof to the children of my niece Maria Johnson of Port Arlington, Ireland, who may be living at the time of my decease, and the lawful issue of such of them as may then be deceased. One-third part thereof to the children of my niece Grace Reeves, (formerly Grace Dempsy,) wife of Edward Reeves, residing at Cicero near Indianapolis, Indiana, who may be living at the time of my decease, and the lawful issue or such of them as may then be dead, and the other one-third part thereof to the children of my niece Sarah Reeves, (formerly Sarah Dempsy,) widow of William Reeves, residing at Indianapolis, Indiana, who may be living at the time of my decease, and the lawful issue of such of them as may then he dead. The share of each of the said families to be taken absolutely and among themselves divided, share and share alike, the children of a deceased child or children in any case taking only his, her, or their parent’s share.
Fourth—I give and bequeath to my beloved niece Jane Cooke, now residing with me, Fifty Thousand dollars.
Fifth—I give and bequeath to my two nieces the said Grace Reeves and Sarah Reeves, the sum of Sixteen Thousand dollars each.
Sixth—I give and bequeath to my said niece Maria Johnson, of Port Arlington, Ireland, the sum of Eighty Thousand dollars, or in the event of my surviving her, then I bequeath the said sum to the children of the said Maria Johnson, who may survive her and the issue of such of them as may be then deceased, or who may be deceased at the time of my death, share and share alike, the share of the issue of a deceased child to be only the share of his, her, or their parent’s or parent therein.
Seventh—I give and bequeath to my niece Ann Clary, (formerly Dempsy,) wife of John Chary of Noble County, Ohio, the sum of Eighteen Thousand Dollars.
Eight—I give and bequeath to my Executors the sum of Ten Thousand Dollars in trust, to invest the same amid keep it invested, and to take and receive the income and profit thereof, and to pay the same over semi-annually to my nephew Edward Dempsy, of Cincinnati, Ohio, for and during all the term of his natural life; and after his decease, should he leave any lawful issue him surviving, then to apply such income for the support, education, and maintenance of such issue during his, her, or their respective minorities, and to pay over the principal in its proper ratable proportion and proportions to the said child or children, as he, she, or they shall respectively attain the age of twenty-one years; or should the said Edward Deinpsy leave no issue him surviving, or should such issue not attain the age of twenty-one years, then I direct that the said income be paid semi-annually to the said Ann Clary during all the term of her natural life, and that after her decease, the said principal sums be divided among the children of the said Ann Clary who may be then living, and the issue of such of them as may be then deceased—the issue of a deceased child or children taking and among them dividing only such part or parts thereof as his, her, or their parent or parents would have taken if living.
Ninth—I give and bequeath to Maria Johnson of Indianapolis, Indiana, daughter of my niece Sarah Cooke of Port Arlington, Ireland, the sum of Six Thousand dollars.
Tenth—To my nieces Sarah and Grace Reeves, before mentioned, I give a further sum of Ten Thousand dollars, the same to be equally divided between them.
Eleventh—To Maria Conally, (formerly Kelly,) wife of George Conally, of Louisville, Kentucky, daughter of my niece Ann Kelly, formerly Ann Cooke, I give the sum of Six Thousand dollars.
Twelfth—To my niece Jane Cook, I give and bequeath the sum of Six Thousand dollars; the same to be invested and reinvested, and the income and profits thereof to be received by her, and by her to be applied in her absolute discretion to be used and employed by her for the support, maintenance and education of the minor children of Ann Jones, now deceased, lately the wife of John Jones, and formerly wife of John Blang, deceased, of Kansas, and to pay over the principal thereof in equal shares or portions to the children of the said Ann Jones when, and as they shall reach the age of twenty-one years, and if either or any of the said children should die childless without having attained the age of twenty one years, then I direct that the said principal shall be divided equally among those of them who shall attain that age. But should either or any of the said children die before reaching twenty-one years of age leaving lawful issue, him, her, or them surviving, then I direct that the share of such deceased child or children be paid to the lawfully constituted guardian or guardians of such survivor minor children or child upon the entering of proper security therefor, in the State and County where such minor children or child may reside.
Thirteenth—I give and bequeath to Richard Reeves, of Cicero, Indiana, son of Edward Reeves by his former wife Maria, (formerlv Maria Dempsy,) the sum of Six Thousand dollars.
Fourteenth—I give and bequeath to my Nephew William Cooke, of Port Arlington, Ireland, the sum of Six Thousand dollars.
Fifteenth—I give and bequeath to Cordelia Myers niece of my wife Elizabeth Dempsy, the sum of Six Thousand Dollars.
Sixteenth—All the rest, residue and remainder of my estate of whatever character and wheresoever situate, I give, devise and bequeath to my said niece Jane Cooke; and to her heirs and assigns forever.
Seventeenth—I hereby direct my Executors, and the Survivor of them, in their discretion as to time, place, and manner, except as to the said property No. 1711 Wallace Street, in the County of Philadelphia, which is only to be sold after the decease of my wife Elizabeth Dempsy, and at public sale, to sell and dispose of all or any and every part of the real estate of which I may die seized, and good and sufficient deed or deeds of conveyance therefor, to make, seal, acknowledge and deliver so that the purchaser or purchasers thereof shall be in no sense responsible for the misapplication or non-application of the purchase-money.
Eighteenth—I order and direct that in the event of my estate being insufficient to pay all the above legacies in full, which I do not apprehend, the said several legacies with the exception of the annuity to my wife, and the legacy of Fifty Thousand dollars to my said niece Jane Cooke shall be ratably abated.
Nineteenth—I hereby nominate, constitute, and appoint my niece the said Jane Cooke, and my friend James Otterson, Executrix and Executor of this my will, and Trustees thereunder, and it is my wish that in no event shall security be required of the said Executors and trustees
In testimony whereof, to this my last will and testament, written upon this and the seven preceding pages—the said several pages thereof for greater certainty being signed at the bottom with my proper signature—I have set my hand and seal this Seventh day of March, Anno Domini, One Thousand Eight hundred and Seventy-nine (1879).
RICH'D DEMPSEY
Signed, sealed, published, and declared as and for his last will and testament, by the said Richard Dempsy testator named therein, in our presence, who at his request in his presence and in the presence of each other have hereunto set our hands as subscribing witnesses.
W.M. L. RICKARDS,
CHARLES H. OTTERSON.
W. M. L. Rickards and Charles H. Otterson the subscribing witnesses affirmed March 6th, 1880.
WM. G. SHIELDS,
Dep. Register.
Jane Cooke and James Otterson the executors within named, sworn March 6th, 1880, and letters Testamentary granted unto them. The said Testator died on the 26th Febry, 1880, at 2 P. M.
WM. G. SHIELDS,
Dep. Register.
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