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Butler County, Kansas

Last Will of John W. Guthrie

I, John W. Guthrie, of Butler County, Kansas, being of sound and disposing mind and memory, do make declare and publish this to be my last will and testament, hereby revoking all former wills by me made.

(1) It is my will that all my just debts and funeral expenses shall be paid by my Executor hereinafter named, out of my personal estate, as soon as practical after my death.

(2) It is my will that A. R. Peckham be appointed executor of this my last will and testament, and that he and his successors in trust shall act as trustee to carry out the provisions of this will.

(3) I bequeath unto my Son in law, James B. Bourgette the sum of $250.00 in cash.

(4) I devise and bequeath unto my beloved wife, Nancy J. Guthrie, all the real-estate of which I shall die siezed or possessed, and all personal property, including Bonds, Notes and Bank Stock, and all other personal property whereever same may be located, to have and to hold the same, with income and use thereof, during her life time.

(5) I devise and bequeath unto my executor herein named, and his successors in trust all the remainder in and to all the real-estate of which I shall die siezed or possessed, or to which I may be entitled at the time of my death, after the life estate of my wife, Nancy J. Guthrie, as herein devised, and all my personal property, including Bonds, Notes ad Bank Stock, in trust for the benefit of my grandchildren Ernestine G. Bourgette and John B. Bourgette, children of my deceased daughter, Mamie Bourgette. It is my will that all proceeds from rentals and income of all kinds from my personal estate shall be used by my said executor and treustee, and his successors in trust for the maintenance, support and education or my said grandchildren, and the said real-estate as aforesaid, and personal property shall be so held in trust by my said executor and trustee until the youngest living of said grandchildren shall have attained the age of twenty-five years. When the youngest of said grandchildren shall have attained the age of twenty-five years, then it is my will that said trustee shall convey to them jointly all the aforesaid real estate, as joint tenants, the survivor to take the whole estate, and shall divide the personal property, including Bonds, notes and securities, equally between my said grandchildren. In the event that either of my grandchildren shall die without issue before the youngest shall attain the age of twenty-five years, it is my will that my executor and trustee shall convey the whole estate to the survivor, when the surviving grandchild shall have attained the age of twenty-five years. If either of my grandchildren shall die leaving issue before the youngest grandchild shall have attained the age of twenty-five years, then and in that event it is my will that the living issue of said grandchild shall receive jointly the share that would have gone to said grandchild if living.

In the event that both of my said grandchidren shall die before attaining the age of twenty-five years without issue, then it is my will that my said executor and trustee shall convey all my real-estate and transfer all my personal property to my brothers and sister if living, or their descendants, if dead, and to my brother-in-law, R. T. Hope, share and share alike, per stirpes. My brothers and sister whom I recognize are R. H. Guthrie, O. M. Guthrie, S. L. Guthrie, Rolly Guthrie, M. W. Guthrie, R. L. Carpenter, and the children of J. T. Guthrie, deceased, viz: Bennet Guthrie, Edna Guthrie and Wallace Guthrie.

It is my will that my said executor and trustee shall have reasonable compensation for his services herein named as shall be provided by the Probate Court of Butler County, Kansas.

In Witness Whereof, I have hereunto subscribed my name this 19th day of February, A.D. 1920.

Signed John W. Guthrie

Subscribed by the Testator in our presence and at the same time declared by him to be his last Will and Testament, and at his request and in his presence and in the presence of each other, we have hereunto subscribed our names this 19th day of February, A.D. 1920.

Signed A. R. Peckham

Signed N. A. Yeager

(Submitted by Julie Stevens ~ Obtained from Butler County, KS, Courthouse)