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Document associated with: Little, John Franklin
Record 1 of 1

System Number: 12906
Date: 2 June 1903
Author: John Albro Little[1]
Place: [Paris]
Recipient: [none]
Repository: Private Collection
Document Type: MsDc


Dated 2nd June 1903.

Copy.

Will of John Albro Little Esqre.

[p. 2] This is the last Will and Testament of me John Albro Little of Morris Plains Hanover Township Morris County in the State of New Jersey United States of America and of 43 Rue de Chazelles Paris in France I declare that my domicile is American[.] I appoint as Executors and Trustees of this my Will my Nephew Robert H. McCurdy of 59 Cedar Street New York in the United States of America and my Niece's husband Louis A. Thebaud of 32 Liberty Street New York aforesaid who are hereinafter referred to as "my Trustees" which expression is to include them and the survivor of them and any additional or substituted Trustee or Trustees I desire that my body shall be cremated and that the Ashes shall be sent to my Trustees and by them buried in the lot at Mount Auberry Cemetry in Cambridge Massachusetts in the United States of America belonging to the heirs of my late father Charles G. Little And I desire that all funeral and other necessary arrangements consequent on my decease shall be carried out by my Wife Mary (usually called Maud) Little[2] if with me at the time of my decease or if she is conveniently near me so that she can undertake these duties and all expenses incurred by her or any one else in connection therewith are to be recouped her or whoever it may be by my Trustees[.] I bequeath to my said Wife the sum of Five thousand dollars or the equivalent in French money to be paid to her immediately on my decease And I also bequeath to her all the furniture and contents of whatever nature at my residence 43 Rue de Chazelles Paris and at the Chatel "La Picholiere" Yyport Seine Inferieure France (which residence and the stables near thereto I declare to be already the property of my said Wife) but in this bequest is not to be included any horses and carriages And if I have any interest in the said Chalet and Stables at Yyport I give the same to my said Wife her heir's executors administrators and assigns in the most absolute manner And I declare that if she so wishes it my said Wife may continue to reside at and occupy the house 43 Rue de Chazelles aforesaid for six months from my death free of all rent and taxes which are to be paid by my Trustees or should the lease or tenancy not have so long to run for the full period which it has to run[.] I give to my servant Clara Leceiyer the sum of One thousand dollars or its equivalent in French money[.] I give to my servant Marcellin Tellier the sum of One thousand dollars or its equivalent [p. 3] out of the remaining two thirds of the residue of my said personal Estate - I direct these to be raised and paid to my said Wife and to my friend John Indeemaur of 22 Chancery Lane London Solicitor the sum of fifty thousand dollars which sum is to be held by them upon the following trusts viz:- To invest the same in their discretion and to pay the income thereof to my Son John Franklin Little[3] until he attains the age of twenty one years or to apply the same for his maintenance, or so much thereof as may seem proper in their discretion any balances being added to capital and on his attaining the age of twenty one years the capital with any accumulations is to be paid to him and should the said John Franklin Little survive me but die before attaining the age of twenty one years then I give the said sum of Fifty thousand dollars and any accumulations to my said Wife if then living and if dead it is to be repaid to my trustees and reform part of the two thirds of my residuary personal estate and devolve accordingly And I declare that should the said John Franklin Little take any steps towards claiming any more of my Estate than I have herein given him he shall forfeit all benefits under this my Will And as to my real estate situate in Cambridge Massachusetts or any other real Estate of which I may die possessed I devise the same unto my trustees and their heirs and direct them to make out a statement of the income thereof and taking into account all reasonable and proper circumstances in connection with the property to ascertain what the average net one third of such income would probably be during the life of my wife and then by aid of annuity tables and such expert assistance as may be advisable and having reference to the age of my wife and reasonable expectation of life calculate and arrive at the fair cash value of her one third life interest in my said real property and such amount being thus arrived at I direct the same to be raised by my trustees out of my real estate by sale or mortgage of a sufficient position thereof or in such other way as may seem to them best and paid to her absolutely[,] my desires as regards my Wife being that besides the particular gifts I have made to her she will have absolutely one third of my personal estate (or the said bonds should her one third not amount to so much) and the proper cash value of her one third life interest in my real estate And these benefits to my Wife are [p. 4] in French money but these bequests are conditional on their respectively being in my service at the time of my decease and with regard to all the foregoing legacies and bequests I declare that they are to be free of all duties which are to be paid out of my general Estate And as to the residue of my personal Estate of any description I give and bequeath the same unto my Trustees their executors administrators and assigns Upon trust to realise and get in the sum subject to what is hereinafter stated and to pay 1/3rd part thereof to my said Wife for her absolute ease and benefit but as regards such 1/3rd I direct that if my Wife so consents (and it is my advice and wish that she should do so) instead of selling the same there be made over to her an Account thereof at their market value at the time of my death the following bonds or such of them as shall be existing at the time of my decease as (1) my twenty thousand dollars Chicago Rock Island and Pacific First Mortgage Bonds principal due in the year One thousand nine hundred and seventeen carrying interest at six per centium per annum (2) my twenty thousand dollars St Paul and Minneapolis First Mortgage Bonds principal due in the year One thousand nine hundred and eighteen carrying interest at 6 per centium per annum (3) my Seventy thousand dollars St Paul and Sioux City First Mortgage Bonds principal during due in the year One thousand nine hundred and nineteen carrying interest at six per centium per annum (4) my twenty thousand dollars New York Lackawanna and Western First Mortgage Bonds principal due in the year 1920 carrying interest at 6 per centium per annum (5) my ten thousand dollars Wabash First Mortgage bonds principal due in the year One thousand nine hundred and thirty nine carrying interest at five per centium per annum (6) my ten thousand dollars Michigan Central First Mortgage bonds principal due in the year One thousand nine hundred and forty carrying interest at four per centium per annum all which aforesaid bonds and securities are at the present time deposited deposited for safety with Messieurs Hottinguer and Company Bankers of Paris in France And should my Wife's 1/3rd part of my estate not amount to so much as is represented by the foregoing Bonds she is nevertheless to have them absolutely and the remainder of my personal Estate is to be considered as if it were actually two thirds of my residuary personal Estate And [p. 5] instead of and in extinguishment of any rights she might have in my estate by law and subject to the amount so to be raised and paid out of my realty to my said wife and with regard also to the balance of the two thirds of my personal estate of the whole of such two thirds should the said John Franklin Little predecease me or die before allowing the age of twenty one years without having my said wife him surviving I direct my trustees to stand possessed thereof (but with a full power of settling selling my realty or my part thereof at their discretion should they deem it advisable and of letting and managing the same until sale and to invest all moneys forming part of my estate and to vary and reinvest in their absolute discretion as may be permitted by law to trustees). Upon trust to pay the income thereof equally between to and amongst my sister Sarah Ellen McCurdy the wife of Richard A McCurdy and my Brother George C. Little during their lives and on the death of either of them then the whole income to be paid to the survivor for her life or his life And on the death of the survivor of them the said Sarah Ellen McCurdy and George C. Little I, give devise, and bequeath the whole of the aforesaid, properly equally between my Niece Gertrude Lee Thebaud the wife of my Trustee and Executor Louis A. Thebaud and my said Nephew Robert H McCurdy my other trustee and executor their respective heirs executors administrators and assigns according to the respective natures of the said property And I declare that notwithstanding the prior life interests they shall have vested interests each in an equal half part And I hereby revoke all previous testamentary dispositions and declare this to be my last Will In witness whereof I have hereunto subscribed my name the second day of June One thousand nine hundred and three

John Albro Little

LS [circled]

Signed Sealed published and Declared by the said Testator as and for his last Will and Testament in our presence who at his request and in his presence and in the presence of each other have hereunto subscribed our names as attesting witnesses.

J. Allison Bower, 36 Avenue de l'Opera, Paris, France and Chicago Ills U.S.A. 369 Chicago Avenue.

Augustus E. Ingram 36 Avenue de l'Opera, Paris, France and 1401 - 12th Street N.W. Washington D.C. U.S.A.

Frederic W. Cauldwell 36 Avenue de l'Opera, Paris France State Department Washington D.C. U.S.A.

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Notes:

1.  John Albro Little
John Albro Little, husband of Maud Franklin [more].

2.  Mary (usually called Maud) Little
Mary Maud Franklin (1857- ca 1941), JW's model and mistress [more].

3.  John Franklin Little
The son of Maud and J. A. Little.