Last Will and Testament of Daniel Kane dated January 20, 1911
Filed May 7, 1912
James Tanner
Register of Wills, D. C.
Clerk of Probate Court
I, Daniel Kane, being of sound and disposing mind, memory and understanding and wishing to arrange an orderly disposition of my worldly affairs, do hereby make, publish and declare this as and for my last will and testament, hereby revoking and annulling all former wills and codicils by me heretofore made.
First : – I direct my executors hereinafter-named to provide a suitable burial and to pay all of my just debts and funeral expenses and for this purpose I specially charge premises numbered 1413 35th Street, Northwest, Washington, District of Columbia
Secondly : – I give, devise and bequeathe to Harry A. Hegarty, of Riverdale, in Prince George County, State of Maryland, and Thomas Splawn, of the City of Washington, District of Columbia, in fee simple the following-described real estate, premises known as Number 3533 and 3535 O Street, Northwest, 1419 36th Street, Northwest and 9 Myrtle Street, Northeast, all in the City of Washington, District of Columbia, in and upon the following trusts, nevertheless, that is to say, to have and to hold each and all of said parcels of real estate and to use the income thereof for the support, maintainance and education of the following named grandchildren, children of my deceased son Dennis, namely Katie Kane, Laura Kane, Frank Kane, Willie Kane, Marguerite Kane, Helen Kane, Elizabeth Kane and Dennis Kane, until the youngest of said children of my deceased son shall have reached the age of twenty-one years, said real estate to be then sold by the said Harry A. Hegarty and Thomas, Splawn and the proceeds derived from the sale of said premises to be equally divided, share and share alike among the said hereinbefore-mentioned children of my said deceased son and the purchaser or purchasers of said real estate or any part thereof is hereby relieved from any responsibility to see to the proper application of the purchase money.
Thirdly : – I direct my executors hereinafter-named to pay to my grand-daughter Mabel Kane the sum of Five Dollars and expressly prohibit them or either of them from giving her under any pretense any other or further sum, her conduct entitling her to no further consideration.
Fourthly : – I give, devise and bequeath to Harry A. Hegarty and Thomas Splawn, in fee simple, the following described premises known and described as premises numbered 3240 Q St. Northwest, and 3242 Q St., Northwest, together with back lot in rear of said premises and also extending in rear of 3244 Q St. N.W., also premises 1421 36th Street, Northwest and 1423 36th St., Northwest and 7 Myrtle Street, Northeast, all in the City of Washington, District of Columbia, in and upon the following trusts, nevertheless, that is to say, to have and to hold each and all of said parcels of said real estate in this paragraph enumerated and to use the income thereof for the support, education and maintainance of the following-named children of my deceased daughter Mary Thorn, to wit : Estelle Thorn, Marion Thorn, William Thorn, Joseph Thorn, Eva Thorn and Eulalia Thorn until the youngest of said children of my said deceased daughter shall have attained the age of twenty-one years, said real estate to be then sold by the said Harry A. Hegarty and Thomas Splawn and the proceeds derived from said sale or sales to be equally divided, share and share alike among the said hereinbefore-mentioned children of my deceased daughter, Mary Thorn and the purchaser or purchasers of said real estate or any part thereof is hereby relieved from any responsibility to see to the proper application of the purchase money.
Fifthly : – I direct my executors hereinafter-named to pay to Katie Kane, relict of my deceased son, Dennis Kane, any sum that may be due from me to her on account of sums by me received from her for safekeeping and to pay-off any indebtedness that may be due on premises numbered 3535 O Street, Northwest, Washington, District of Columbia, and the receipts from the rental of premises numbered 1413 35th Street, Northwest shall be used for this purpose and the said Trustees shall have the power to sell said premises, if in their judgment it shall be best to so do for the purpose of paying these and any other debts I may owe at the time of my death and the purchaser or purchasers thereof are hereby expressly relieved from any and all liability to see to the proper application of the purchase money.
Sithly : – I hereby expressly empower and authorize the said Harry A. Hegarty and Thomas Splawn to sell any portion or portions of said real estate whenever in their judgment, or in the judgment of the survivor of them, it shall seem advantageous for the purpose of better investment, or if the income therefrom shall become insufficient in the judgment of said Trustees and the proceeds to be-reinvested for the same purposes as hereinbefore set forth, to wit if any of the parcels held for the benefit of the children of my deceased son be sold then the proceeds shall be re-invested for the benefit of his children, except his daughter Mabel and if any parcel of that held for the benefit of Mary Thorn, my deceased daughter then the proceeds shall be re-invested for the benefit of the said children of the said Mary Thorn, deceased.
Seventh : – I direct that any cash left after the payment of my funeral expenses and debts, excluding the income from said real estate, and including only whatever may be realized from the sale of premises 1413 35th Street, Northwest, after the payment of the debts charged against the same, shall be equally divided among all my grandchildren, share and share alike, exceting my granddaughter Mabel Kane, daughter of my deceased son, Dennis Kane.
Eighth : – The said hereinbefore-named Trustees shall have power to use the principal or corpus of the estate for the use, support and maintainance of any of the hereinbefore-named children of my daughter Mary, deceased or my son, Dennis deceased, except my granddaughter, Mabel Kane, when in their judgment it shall be best to do so and any sum so advanced shall be deducted from and be a charge against what said grandchild shall receive when it shall be entitled to take by virtue of the youngest child becoming twenty-one years of age as heretofore provided.
I hereby make, nominate, constitute and appoint Harry A. Hegarty and Thomas Splawn executors of this my last will and testament.
Daniel (his X mark) Kane
Witnesses to mark
C. M. Forrest (his signature)
M. M. Doyle (his signature)
Signed, published and declared
as and for the last will and
testament of the above-named
testator in the presence of us
and each of us, who his
presence and in the presence of each
other have hereunto set our hands as attesting witnesses
this 20th day of January, 1911
Michael M. Doyle (his signature) June 7 – 1912
Charles M. Forrest (his signature) June 12 – 1912