Last Will and Testament of Eunice Lestra Morrison
Know All Men By These Presents:
That I, Eunice Lestra Morrison, of 337 North Fourth West Street, Provo City, Utah County, State of Utah, of the age of Eighty-three years and over, and being of sound and disposing mind and memory and not acting under duress, menace, fraud or any undue influence whatsoever, do hereby make, publish and declare this my last will and testament as follows, to wit;
First: I direct that my body be properly and respectably buried;
Second: I direct that my executors, as soon as they have sufficient funds in their hands, pay the expenses of my last illness, and of my death and burial and also all my just and lawful debts and obligations;
Third: I give and bequeath to my daughter Nellie Rogers Reeves, the sum of twenty-five dollars in cash, and I direct that the same shall be used exclusively and entirely for her personal benefit;
Fourth: I have executed to my son Arvel Wells Morrison, a deed for the house, Number 441 North Fourth West, in Provo City, Utah, together with the land on which said house is situated; said house is immediately north of the house in which I now live; I desire that the said land and house deeded to my said son, Arvel Wells Morrison, shall have a road ten feet wide between the two houses, the one in which I live, and the one deeded to my said son, Arvel Wells Morrison; if the deed which I have given to said son, Arvel Wells Morrison, shall not cover sufficient land between the said houses to allow a road ten feet wide over the same, then and in that event, I give, devise and bequeath to my said son, Arvel Wells Morrison, a right of way over sufficient additional land, which when used in connection with the land already deeded to him as aforesaid, will permit a road ten feet wide between the said houses.
The reason for having executed said deed to said Arvel Wells Morrison, is that the said son has paid me for said land, but is allowing me to use the same and have the income therefrom during my natural life.
Fifth: All the rest, residue and remained of all my property of whatsoever kind, or wheresoever located, I give, devise and bequeath to the following named persons, in the proportions named, to wit:
To the children of my deceased daughter, Lettie Rogers Phelps, one-tenth;
To my daughter, Maud Rogers Taylor, one-tenth;
To my daughter, Florence Rogers Fechser, one-tenth;
To my daughter, Ethel Rogers Greenwood, one-tenth;
To my Grand-daughter, Margery Reeves Walker, one-tenth;
To my Grand-daughter, Virginia Shaw Brown, one-twentieth;
To my Grand-daughter Helen Shaw, one-twentieth;
To my son, Stewart Morrison, one-tenth;
To my son, Ira Morrison, one-tenth;
To my son, Arvel Wells Morrison, one-tenth;
To my Grand-daughter, Benita Reeves, one-thirtieth;
To my Grand-daughter, Leila Reeves Taylor, one-thirtieth;
To my Grand-daughter, Rosalind Reeves Decker, one-thirtieth;
Sixth: I direct that none of my property shall be sold for two years after my death; but the same shall be rented by my daughter, Florence Rogers Fechser, and the rents and income therefrom shall be used for any purpose necessary in connection with the administering of the property as outlined in this will, and the surplus, if any shall be divided from time to time among the beneficiaries of this will in the proportions named in paragraph fifth, hereof;
Seventh: If any of the beneficiaries mentioned in this will shall contest the same or any of its provisions, or any portion thereof, then and in that event, I hereby revoke, cancel and annul any and all gifts, devises or bequests made herein to such person or persons so contesting this will or any part or provision hereof; and I direct that the share of such person or persons so contesting this will shall go to the other beneficiaries not contesting this will, and in such proportions relatively and respectively as they will be entitled to with the adjustments made by eliminating from the provisions of this will the person or persons contesting the will or any of its provisions;
Eighth: I hereby nominate and appoint my daughter, Florence Rogers Fechser, to be the executrix of this my last will and testament, and my sons Stewart Morrison and Ira Morrison to be the executors thereof; and I direct that they, or any one or any two of them may act without giving bonds;
Ninth: I hereby revoke and cancel any and all former wills or testaments by me heretofore made or executed.
In Witness Whereof, I have hereunto set my hand and Seal at Provo City, Utah, this 8th day of July, A.D. 1936.
Eunice Lestra Morrison (SEAL)
The foregoing instrument, consisting of one page besides this page was by the said testatrix published and declared at the place mentioned, and was signed by the said testatrix in the presence of us and of each of us, who then and there, at their request, and in her presence and in the presence of each other signed our names as witnesses thereto.
Jesse Haws, Residing at Provo City, Utah;
Alfred L. Booth, Residing at Provo City, Utah
In The District Court of the Fourth Judicial District in and for the County of Utah, State of Utah
In the Matter of the Estate of Eunice L. Morrison, Also Known as Eunice Lestra Morrison, Deceased.
I, Dallas H. Young, Judge of the District Court in and for the Fourth Judicial District of the State of Utah, County of Utah, do hereby certify: That on the 7th day of February, 1942, the annexed instrument was admitted to probate as the will and Testament of Eunice Lestra Morrison deceased, and from the proofs taken and the examination had therein the said Court finds as follows:
That the said Eunice L. Morrison died on or about the 15th day of December, A.D. 1941, in Utah County, Utah. That at the time of their death she was a resident of said Utah County, Utah. That the said annexed will was duly executed by the said deceased in her lifetime in Utah County, Utah, and signed by the said Testator in the presence of Alfred L. Booth and Jesse Haws and subscribing witnesses thereto; also, that she acknowledged the execution of the same in their presence, and declared the same to be her last Will and Testament, and the said witnesses attested the same at her request in her presence and in the presence of each other. That the said deceased at the time of executing said will, was of the age of eighteen years and upward, to wit: of the age of 83 years, was of sound and disposing mind and not acting under restraint, undue influence of fraudulent misrepresentation, nor in any respect incompetent to devise and bequeath her estate.
In witness whereof, I have signed this certificate and caused the same to be attested by the Clerk of Court, under the Seal thereof, this 7th day of February A.D. 1942.
Attest: C.A. Grant, Clerk Dallas H. Young, Judge