LAST WILL AND TESTAMENT OF SOPHIE R. POOL, DECEASED

 

I, Sophie R. Poole, of Parkersburg, West Virginia, do make and declare this to be my last will and testament, hereby revoking all other wills and codicils heretofore made by me.  After the payment of all my just debts and funeral expenses, I give, devise and bequeath my estate as follows:

 

FIRST:  I give and bequeath to my daughter, Anna R. J. Stephenson, my diamond bracelet (the one that belonged to my mother); the diamond bracelet containing only several diamonds; one dozen soup spoons, one dozen forks, tea spoons, salad forks and after-dinner coffee spoons marked “S.R.P.”

 

SECOND:  I give and bequeath to my two grandchildren, Anna Rathbone Cochran and Helen Jackson Cochran, the all diamond bracelet, the two gold bracelets, a bar pin with three diamonds, and all knives, forks and spoons marked “S.R.”  These gifts are to be held in trust by my daughter, Anna R. J. Stephenson, until the older of these two grandchildren shall have reached the age of twenty-one (21) years; then these two grandchildren shall divide these gifts among themselves as they may agree upon.

 

THIRD:  I give and bequeath to my niece, Eleanor Leonard Poole, one dozen forks, one dozen tea spoons, one dozen desert spoons and one dozen table spoons marked “E.L.P.”  Should she predecease me, then these articles shall go to her oldest surviving sister.  All of the above named silver has been heretofore delivered to my niece, Eleanor Leonard Poole.

 

FOURTH:  I have heretofore given in memory of and as memorial to my parents the Pipe Organ now in Trinity Episcopal Church, Parkersburg, W. Va., and have heretofore made many repairs to the same from time to time, and I now feel that some provision should be made, not only to and for the upkeep of it, but for the development and maintenance of the music in connection therewith.  I also desire to aid in the establishment of another organ should the present one be destroyed or become useless, and thus to assist as far as possible to provide suitable music for the Church of my parents and my family.

 

FIFTH:  I hereby authorize and direct my executor to set apart five thousand dollars, and invest the same in good securities, or other character of investment, as may appear best under all the circumstances, realizing therefrom as much interest as possible.  The interest shall be paid semi-annually to the Treasurer of the Trinity Episcopal Church, Parkersburg, W. Va., or his or its successors from time to time, and shall be used for musical purposes in connection with the Pipe Organ and Choir, said fund to be paid out on order of the Choir Master or other person in charge of the music.  Should the organ be destroyed, rendered or become useless from any cause, then the principal shall be used to replace it, provided a like sum shall be founded for the upkeep and proper use of the same, other wise this sum shall revert to my estate, and to this end, two years shall be given to replace the organ.

Should the organ be removed to some other Episcopal Church in Parkersburg, then this sum shall follow the organ where removed, and subject to all the terms and conditions as are herein set forth.

The Choir Master or person in direct charge of the music and organ shall from time to time determine how the interest in the hands of the Treasurer shall be expended.

This gift shall be known as the “Sophia R. Poole Memorial” for Musical purposes.

 

SIXTH:  I give and bequeath to my niece, Sophie Paden, of Parkersburg, West Virginia, my diamond sunburst set in gold.

 

SEVENTH:  I give and bequeath to my daughter, Anna R. J. Stephenson, the following items of jewelry; one cluster diamond ring with engraving “Mom to Sophie”, one diamond horseshoe and pin with one diamond, the small of the two-stone diamond rings and two small bar pins, and one gold pocket book, and the five stone diamond ring.

 

EIGHTH:  I give and bequeath to my two granddaughters, Anna and Helen Cochran, the following items of jewelry; one cluster diamond pin with nine (9) large diamonds, the largest two-stone diamond ring, the opal ring surrounded by diamonds, the sapphire ring surrounded by diamonds, the pansy pin and diamond lavaliere.  These items of jewelry are to be held by my daughter, Anna R. J. Stephenson, in trust for these two grandchildren until the older shall have arrived at the age of twenty-one (21) years, and then these two grandchildren shall divide among themselves these items of jewelry.  In connection with the items of jewelry mentioned in Paragraphs 8 and 2, my daughter, Anna R. J. Stephenson, is at liberty to permit these two grandchildren to use the same, however, this shall not be done unless my said daughter, Anna R. J. Stephenson, shall feel that it is entirely right and proper for the same to be used as herein indicated.

 

NINTH:  All the rest and residue of my jewelry not herein disposed of, and which may be owned by me at my death, I direct and will that the same shall be divided as follows:  that is to say, to Anna R. J. Stephenson, my daughter, one-half thereof, and to my granddaughters, above mentioned, the other one-half, and to this end I authorize my said daughter, Anna R. J. Stephenson, to divide as nearly as possible this jewelry; and the jewelry which shall be set apart for my said two granddaughters shall be held by my said daughter, Anna R. J. Stephenson, and divided by my said two granddaughters, as hereinbefore indicated with reference to the other jewelry.

 

TENTH:  It is my desire and will that all my personal belongings situate in my house, or where I may be domiciled, such as wearing apparel, cloaks and clothing, shall be divided by my said daughter, Anna R. J. Stephenson, as may seem best and proper to her, keeping such as she may desire and at the same time setting apart what she may think proper and fitting for my said two granddaughters; the rest, if an there be, shall be disposed of by my said daughter, Anna R. J. Stephenson, and the proceeds realized therefrom shall become a part of my estate.

 

ELEVENTH:  All my household effects, of whatever kind and character, I will and direct my said daughter, Anna R. J. Stephenson, to dispose of in the manner and form as set forth in paragraph 10, with reference to other personal property.  Should the older of my said two grandchildren be of the age of twenty-one (21) years, at the time of my death, then it is my desire and will that these two granddaughters be allowed to make a choice and selection of all of the property I have heretofore entrusted to my said daughter, Anna R. J. Stephenson, and set apart to her and these two granddaughters; my said daughter, Anna R. J. Stephenson, having the first choice, with reference to any of these articles of distribution, and the two granddaughters having the second choice; she, my daughter, making one choice and then my said two granddaughters together making the other choice, and so on, until all of this property has been disposed of.

 

TWELFTH:  All the rest and residue of my property, real, personal and mixed, wherever situate, I give, devise, will and bequeath unto my trustee or trustees, and executor or executors hereinafter named, and to its or their successors, or to any successor or successors in the trust, in trust nevertheless upon the terms and conditions and for the purposes hereinafter set out.

 

THIRTEENTH:  My said trustee and executor shall invest whatever ready cash I may have, at the date of my death, in some excellent, safe and good securities or properties, and these securities or properties shall be and become a part of my trust estate.  My trustee and executor shall collect the rents, issues and profits arising from my trust estate and apply the same in the first place to the payment of all taxes thereon and expenses incident to the execution of this trust and the keeping in good order, repair and condition of the property which passes under this trust and belongs to this trust estate, and afterwards as follows:

 

(a)  One-half of the net Income from said trust property shall be paid semi-annually as follows:

 

(1)  Should my daughter, Anna, survive me, said one-half of said income shell be paid to her so long as she shall live.

 

(2)  Should my daughter, Anna, survive me and die without children or descendants of any deceased child then living, or should all of her children die without descendants during the lifetime of my granddaughters, Anna Rathbone Cochran and Helen Jackson Cochran, or the survivor of them, said one-half of said income shall be paid to my granddaughters, Anna Rathbone Cochran and Helen Jackson Cochran, share end share alike during their joint lives, but should one of my said granddaughters die leaving no descendants living at the date of the death of my said daughter, Anna, or at the time of her own death, if she survive said Anna, the said one-half of said income shall be paid to the survivor of my said grandchildren so long as she shall live, but in the event one of my said grandchildren shall die leaving descendants alive at the death of said Anna, or at the date of her own death if she survive said Anna, then only one-half of said one-half of said income shall be paid to the survivor of my said two granddaughters so lone as she shall live.

 

(3)  Should my said daughter, Anna, predecease me, leaving no children or the descendents of any deceased child living at my death, or should all of her children die without descendants, said one-half of said income shall be paid as directed in paragraph (2) next above.

 

(4)  Should my daughter, Anna, predecease me, leaving children or the descendants of any deceased child, living at the time of my death, then one-half of said trust property shall be divided into as many equal shares as there are, at the time of my death, children living and deceased children leaving descendants living, said Anna, and the income from one of said shares shall be paid to each of the said living children living at the time of my death so long as he or she shall live.  In the event one of said living children of said Anna shall thereafter die without descendants, there shall be paid to each of said surviving children of said Anna so long as he or she shall live (in addition to the income already directed to be paid to him or her), as income, such proportion of the amount which would have been paid to such child then dying had he or she not died as each surviving child of said Anna bears to the number of such surviving children and said deceased children leaving descendants, of said Anna, and so on until the death of the last survivor of said living children of said Anna.

 

(5)  Should my daughter, Anna, survive me and then die leaving children or descendants of any deceased child, then at her death one-half of said trust property shall be divided into as many equal shares as there are, at the time of her death, children living and deceased children leaving descendants, of said Anna, and the income from one of said shares shall be paid to each of said living children so long as he or she shall live or until the death of the survivor of all of my grandchildren living at the time of my death, whichever shall first happen in the event any of said living children of said Anna should die without descendants before the death of the survivor of all my grandchildren living at the time of my death, there shall be paid to each of the surviving children of said Anna, so long as he or she shall live or until the death of the survivor of all my grandchildren living at the time of my death, which ever shall first happen (in addition to the income already directed to be paid to him or her), as income, such proportion of the amount which would have been paid to the child then dying, had lie or she not died, as each surviving child of said Anna bears to the number of such surviving children and said deceased children leaving descendants of said Anna, and so on until the death of the last survivor of the said living children of said Anna or the death of the survivor of all my grandchildren living at the time of my death, whichever shall first happen.

(b)  One-fourth of the net income from said trust estate shall be paid semi-annually by my said trustee and its successors as follows:

 

(1)  To my granddaughter, Anna Rathbone Cochran, if she survive me, so long as she shall live.

 

(2)  If my said granddaughter survive me and shall die without children or descendant of any deceased child living, then this one-fourth of said net income shall be paid to my granddaughter, Helen Jackson Cochran, if she then be alive, so long as she shall live, or if she (Helen Jackson Cochran) be then dead leaving no children or descendants of any deceased child living, then said one-fourth of said net income shall be paid to my daughter, Anna, if she be then alive, or if she be then dead or die before the last survivor of her children or before the death of the survivor of my grandchildren living at the time of my death, to her children until the times limited in paragraphs (a) (4) and (a) (5) above and in the proportion and according to the provisions thereof.

 

(c)  One-fourth of the net income from said trust estate shall be paid semi-annually by my said trustee and its successors as follows:

 

(1)  To my granddaughter, Helen Jackson Cochran, if she survive me so long as she shall live.

 

(2)  If my said granddaughter survive me and shall die without children or descendant of any deceased child living, then this one-fourth of said income shall be paid to my granddaughter Anna Rathbone Cochran, if she be then alive, so long as she shall live, and if she (Anna Rathbone Cochran) be then dead leaving no children or descendants of any deceased child living, then said one-fourth of said net income shall be paid to my daughter, Anna, if she be then alive, or if she be dead or die before the last survivor of her children or before the death of the survivor of my grandchildren living at the time of my death, to her children until the times limited in paragraphs (a) (4) and (a) (5) above and in the proportions and according to the provisions thereof.

 

(d)  Should my daughter, Anna, survive me and then die leaving children or descendants of any deceased child, the said one-half of said principal or trust property shall at her death be divided into as many shares as there are living children and deceased children leaving descendants then living, of said Anna and one of said shares shall be paid and delivered free and discharged from said trust to the descendants of each deceased child, per stirpes; and thereafter, upon the death of any one of said living children without descendants, the share of said principal or trust property which would have been paid and delivered to the descendants of the child then dying had it left descendants shall be divided into as many shares as there are then living children and deceased children leaving descendants then living, of said Anna, and one of said shares last mentioned shall be paid and delivered free and discharged from said trust, per stirpes, to the descendants of each of the deceased children of said Anna then living; but if there shall be no descendants of said Anna then living the share which would have been paid and delivered to the descendants of the child then dying had it left descendants shall be paid and delivered free and discharged from said trust, per stirpes, to the descendants of my said granddaughters, Anna Rathbone Cochran and Helen Jackson Cochran, at the dates of their respective deaths should both die leaving descendants, or in case one should die without descendants, at the death of the survivor, per stirpes, to the descendants of such survivor; and upon the death of any one of the said living children of said Anna leaving descendants, the residue of the said one-half of said principal or trust property shall be divided into as many shares as, there are living children of said Anna plus one, and one of said shares shall be paid and delivered to the descendants of the child then dying, stirpes, free and discharged from said trust, and so on until all of the said living children shall die, or until the death of the last survivor of my grandchildren living at the time of my death, whichever shall first happen, and in the event the survivor of my grandchildren living at the time of my death shall die before all of said living children of said Anna shall die, then the residue of the said one-half of said principal or trust property shall be paid and delivered free and discharged from said trust, share and share alike, to the surviving children of said Anna.

 

(e)Should my daughter, Anna, predecease me, leaving children or descendants of any deceased child living at the time of my death, then the one-half of the principal or t rust property shall be divided, as of the date of my death, into as many share as there are living children end deceased children leaving descendants, of said Anna, and one of the said shares shall be paid and delivered free and discharged from said trust to the descendants of each deceased child, per stirpes; and thereafter, upon the death of any one of said living children of said Anna without descendants, the share of said principal or trust property which would have been paid and delivered to the descendants of the child then dying had it left descendants shall be divided into as many shares as there are then living children and deceased children leaving descendants living, of said Anna, and one of said shares last mentioned shall be paid and delivered free and discharged from said trust, per stirpes, to the descendants of each of said deceased children of said Anna; but if there be no descendants of said Anna then living the share which would have been paid and delivered to the descendants of the child then dying had it left descendants shall be paid and delivered free and discharged from said trust, per stirpes, to the descendants of my said granddaughters, Anna Rathbone Cochran and Helen Jackson Cochran, at the dates of their respective deaths, should both die leaving descendants, or in case one should die without descendants, at the death of the survivor, per stirpes, to the descendants of such survivor; and upon the death of any one of said living children of said Anna, leaving descendants, the residue of the said one-half of the said principal or trust property shall be divided into as many shares as there are living children of said Anna plus one, and one of said shares shall be paid and delivered to the descendants of the child then dying, per stirpes, free and discharged from the said trust, and so on until the survivor of sold riving children shall die, when the residue of said one-half of said principal or trust property shall be paid and delivered free and discharged from said trust, per stirpes, to the descendants of said survivor, if any, but if the said survivor shall die without descendants, then the said share shall be paid and delivered, per stirpes, to the descendants of the deceased children of said Anna, and if there be none such, then, per stirpes, to the descendants of Anna Rathbone Cochran and Helen Jackson Cochran, at the dates of their respective deaths, should both die leaving descendants, or in case one should die without descendants, at the death of the survivor, per stirpes to the descendants of the survivor; and if there be none such, then it shall be paid and delivered free and discharged from said trust to my brothers and sisters then living and the descendants of such of them as are then dead, per stirpes.

 

(f)  Should my daughter, Anna, die without descendants, then the said one-half of the principal or trust property shall at the death of the one of my granddaughters (Anna Rathbone Cochran and Helen Jackson Cochran) dying first, or if she predeceases me, at my death, if she die leaving descendants living, be divided into two equal shares, and one of said shares paid and delivered to her descendants, per stirpes, free and discharged from said trust, but if she die without descendants, then the whole of said one-half of said principal or trust property shall at the death of the other of my said granddaughters be paid and delivered to her descendants, per stirpes, free and discharged from said trust.

 

(g)  Should my granddaughter, Anna Rathbone Cochran, predecease me and leave children or descendants of any deceased child living at my death, then one-fourth of the principal or trust property shall be divided into as many shares as there are living children and deceased children leaving descendants, and one of said shares shall be paid and delivered to each of said living children and one share, per stirpes, to said descendants of each said deceased child free and discharged from said trust; but should my said granddaughter predecease me leaving no descendants living at the time of my death, then the said one-fourth of said principal or trust property shall at my death, if I survive my granddaughter, Helen Jackson Cochran, or at her death if she survive me, be paid and delivered free and discharged from said trust to the descendants or Helen Jackson Cochran, per stirpes; but should said Helen die without any descendants said one-fourth of said principal shall be paid and delivered free and discharged from said trust to the descendants of my daughter, Anna, as one-half of said principal or trust property is paid and delivered to them at the times and in the proportions and according to the provisions of' paragraphs (d) and (e) hereof

Should my granddaughter, Anna Rathbone Cochran, survive me then the said one-fourth of said principal or trust property shall be disposed of at the times and in the same manner as is done after my death in the case where she predeceases me in 'the clause hereof next above.

 

(h)  Should my granddaughter, Helen Jackson Cochran, predecease me and leave children or descendants of any deceased child living at my death, then one-fourth of said principal or trust property shall be divided into as many shares as there are living children and deceased children leaving descendants, and one of said shares shall be paid and delivered to each of said living children and one share, per stirpes, to said descendants of each said deceased child free and discharged from said trust; but should my said granddaughter predecease me leaving no descendants living at the time of my death, then the said one-fourth of said principal shall be paid and delivered free and discharged from said trust to the descendants of my daughter, Anna, as one-half of said principal or trust property is paid and delivered to them at the times and in the proportions and according to the provisions of paragraphs (d) and (e) hereof.

Should my granddaughter, Helen Jackson Cochran, survive me then the said one-fourth of said principal or trust property shall be disposed of at the times and in the same manner as is done after my death in the case where she predeceases me in the clause hereof next above.

Should my daughter, Anna, and my said granddaughters, Anna Rathbone Cochran and Helen Jackson Cochran, all die without descendants then living, in that event, at the death of the survivor of them the principal or trust property shall be paid and delivered free and discharged from said trust to my brothers and sisters then living and the descendants of each of such of them as are dead, per stirpes.

 

FOURTEENTH:  The income herein willed and devised respectively to my daughter, Anna, and granddaughters, Anna and Helen Cochran, is given to them without power to assign, transfer charge the same, nor shall the same be bound for their debts, and the same shall be paid direct to them, or their legal representatives, as often as semi-annually, and their personal receipts, or the receipts of their legal representative, shall be taken for the sums of money so paid.

 

FIFTEENTH:  I hereby authorize and empower my said trustee and executor to sell and dispose of any and all of my estate herein placed in trust at any time during the continuance of' this trust, at public or private sale or sales, upon reasonable and just terms and conditions and to convey and assign any such property so sold to the purchaser or purchasers thereof, provided however, in making any such disposition of my property, the consent of my daughter, Anna H. J. Stephenson, shall first be obtained.  When the younger of my two granddaughters shall have reached the age of sixteen (16) years, then the two granddaughters shall be consulted with reference to the sale and disposition of my estate as heretofore mentioned, and the majority of opinion of my trustee and executor, my daughter, Anna R. J. Stephenson, and two granddaughters shall govern in the disposition thereof, the two granddaughters having one vote in the matter of determining whether a disposition or sale of the property shall be made, my daughter, Anna R. J. Stephenson, one vote and my trustee or executor one vote.  The proceeds from such sale shall be invested in some other good securities, or properties, as may seem best for the interest of the trust estate, and such property shall become a part, of my trust estate, and the income arising therefrom shall be distributed and paid out by my trustee and executor, as hereinbefore directed, and in reinvesting such funds, realized from such sale or sales, a majority opinion, as aforesaid, of those in interest shall govern.  Should my daughter, Anna, or my two granddaughters, or either of them, die leaving children or heirs, then such children or heirs, over the age of twenty-one (21) years,, shall be consulted in the matter of a sale and disposition of property, and the majority opinion shall govern; such children voting shall be entitled to a vote equivalent to what the parent would have had, should the parent been living and voting upon such matters.  The object of this 'provision is to give my children and their children and heirs some say in the sale and disposition of my property.  It is my purpose and desire that each of my children, and their respective families or heirs, have an equitable and just say in all matter pertaining to the conservation and disposition of this trust estate for and during the period and life of this trust.  Those who shall receive their share outright free from this trust shall not thereafter be allowed to participate in such matters.

 

SIXTEENTH:  I give' and bequeath to my daughter, Anna R. J. Stephenson, all my linens; my large diamond brooch with three large stones and a number of smaller ones, all set in platinum; and my pearl necklace; and to my darling granddaughter, Anna Rathbone Cochran, my little pearl ring; and to my baby granddaughter, Helen Jackson Cochran, the little diamond ruby-ring; and to my son-in-law, Kenner B. Stephenson, the sum of five thousand ($5,000.0o) Dollars.

 

I hereby appoint and constitute the Union Trust & Deposit Company, of Parkersburg, West Virg1nia, or its successor, as my trustee herein and as my executor of this my last will end testament, and of my estate, provided, however, that said Union Trust & Deposit Company, or its successor, is willing to execute the duties of the trusteeship herein named and of the executorship for a compensation not to exceed five (5) per cent of the income from my estate.

 

IN WITNESS WHEREOF, I have to this, ray will, consisting of fourteen (14) sheets of paper, set my hand to each sheet, this 18th. day of December, 1920.

 

Sophie R. Poole(SEAL)

 

Signed, published and declared by Sophie R. Poole, as and for her last will, in the presence of us, who, in her presence, at her request, and in the presence of one another, all being present at the same time, have hereunto signed our names as witnesses thereto.

 

Margaret B. Morgan

Daisy M. Peadro

Nina May Paden

 

I, Sophia R. Poole, being of sound mind and disposing memory do make and publish this as and for my only codicil to my will hereto attached dated December 18, 1920, as follows:

 

1.  In addition to the legacies given to certain named legatees, I now give to Mrs. Nina Powell and Sophie Paden my nieces the sum of one thousand dollars each and to my son-in- law Fred M. Cochran the sum of two thousand dollars.

 

2.  The diamond bracelet which by the second clause of my will I have given to my two grandchildren I now give to my daughter Anna R. J. Stephenson, and the diamond bracelet which by the first clause of my will I gave to my said daughter Anna, I now give to my said two grand-children in the place of the bracelet now given to my daughter Anna.

Given under my hand this 26th. day of' August, 1922.

 

Sophie R. Poole

 

Signed, published and declared by Sophie H. Poole as and for her only codicil to her will hereto attached dated December 18, 1920, in the presence of us who in her presence, at her request and in the presence of each other, all three being present at the same time have hereunto signed our names as witness.

 

Smith D. Turner

Dollie Wilson

 

I, Sophie R. Poole of Parkersburg, W. Va., do make and declare this to be my second codicil to will hereto attached dated Dec - 18 - 1920, as follows. That all jewelry that is found missing from the list in my will hereto attached has been disposed of by me since will was drawn.

Given under my hand in my own handwriting this 2nd. day of February, 1923.

 

Sophie H. Poole

 

I, Sophia H. Poole, being of' sound mind and disposing memory do make and publish this as and for my third codicil to my Will hereto attached, dated December 16, 1920, as follows:

 

Item I:  In addition to the articles of jewelry mentioned in Item 8 of my said Will, I give to my granddaughters, Anna Cochran and Helen Cochran, one cluster diamond ring with engraving on it “Father to Sophia.”

 

Item 2:  In addition to the legacies given to certain named legatees, I now give to Walter S. Davis, my chauffeur, the sum of Five Hundred ($500.00) Dollars.

 

Submitted by Linda B. Meyers January 2007