IN THE MATTER OF THE WILL OF FRANKLIN B, HALE, DECEA: on this 12th day of July 1926 came on to be hoard the sworn application of William P.Hale, a resident of Mississippi County Arkansas, for the probate of a certain instrument in writing filed with the Clerk of this court onthe 8th day of July 1926 and now produced before the court with said application said writing purporting to be the last will and testament with codicil © attached of Franklin B, Hale, deceased, and being in words and figures as follows, to-wit: LAST WILL AND TESTAMENT oF Franklin B, Hale Know all men by these presents that I, Franklim B. Hale, of ~ the town of Osceola, county of Mississippi and state of Arkansas, being of sound health and sound and disposing mind, and memory,do make and publish this, my last will end testamontyhereby revoking all former wills by me, at any time heretofore made. First; Not from any want of love and affection for my oldest son, James L. Hale, for whom I do entertain all of a father's love anfi pride, but, because of the fact that his pecuniary circumstances place him beyond the need of any of my property; and, because of the further fact that my limited means are not more than sufficient to provide comfortably for my wife, and remaining children; I have determined to make my said son, James L. Hale, morely a nfminal log~ atee in the disposal, herein, of all of my property and estates. To waich end, I hereby, give, devise and bequeathe unto my said son, James L, Hale, the sum of twenty dollars, and no more, to be paid to him by my executors and aiministrators, as the full share of all of my property and estates of every description, to be received and held by him. Second; I, hereby, give, grant, devise and bequeathe unto my beloved wife, Mary M. Hale, subject to the above legacy to my saia|= 2 | | son, James L, Hale, the one seventh part, parcel and portion of all of my property, real, personal and mixed, and choses in action, where- ever located and situated, or to be found -- and more particularly in the county of Mississippi and state of Arkansas -- To have and to hold unto herself, her heirs and assigns forever. Said devise of one seventh of all of my property and estates as aforesaid, to be ac | cepted, taken and held by my said wife, in full satisfaction, con~ sideration and acquittal of all of hor dower rights in and to all of my property and estates, upon my death, of every description. Third; I, hereby, give, grant, devise and bequeathe unto my six children, William P. Hale, Elizabeth Pearl Hale, Charles F, Hale, Mollie P. Hale, Frankie B, Hale and Emma W. Hale, a one seventh fin= terest, each, in all of my property and estates of every description, real, personal, mixed and choses in action, where-over situated and to be found, and more especially, in the county of Mississippi and | ~ state of Arkansa -- subject to the above devise to their brother, James L. Hale -- To have and to hold the same unto them, their { heirs and assigns forever. In the event of the death of my said wife prior to my om =| death, then, all of the interests, as herein, given and devised to | her, shall go to my said six children, or the survivors thereof, in| fee simple absolute, in the proportion of one sixth to each; or in equal portions to each, if all of them be not living. | In the event of the death of any of my said/entlaren, and without lawful issue of their bodies, prior to my own death, then, the interest of said dead child or children, as herein given and | devised, shall go, in equal parts, to the surviving children and my| said wife, if living. | In the evnt that other children should be born to me and sur~ vive my death, such children shall come in and receive sufficient | from my property and estates to make them equal with my other said, | six children, and wife. | Tho object and intention of this will being to pass and con-i | | sho ' vey, at my death, all of my property and estates of every deserip- | tion, in equal parts, to my said wife, Mary M. Hele, and my seid six chiléren, or the survivors thereof, and to any children that may hereafter, be born to mo, Fourth; I, hereby, appoint my said wife, Mary M. Hale, and my said son James L. Hale, sole executors for the purpose of carry- ing out this, my last will and testament, without the necessity of giving bond. | Fifth; In bequeathing and devising to my said, six, children, William P, Hale, Blizabeth Pearl Hale, Chries F. Hale, Nollie P. Hale, Frankle B.Hale and Ima W. Héle, one seventh interest, each, of all of my property and estates, as above set out, in item Third of | this will, I, hereby, direct that said interests are to be set aside end turned over to such of mysaid children, as may have attained the age of twenty one years, at the time of my death, as soon as prae= ticable after my death, and that the respective shares of the other. children are to be set aside and turned over to them, es soon as practicable after they heve, respectively, attained the age of twenty one years. It being my desire that such of my said chil- aren as are minors at the time of my death, shall be kept together and cared for and maintained in common, until they, respectively, attain the age of twenty one years, when bhey are to receive their portions, as aforesaid, and not before. In the setting aside and portioning out of my property and estates as aforesaid, among mp said children, I, hereby, authorize and empower my executors aforesaid to with-hold from any of my said children who, in the Judgment of said executors, are mfitted, | for want of capacity, or by reason of wreckless spendthrift habits, | from managing and husbending their estates, any portion, or all, | of the corpus of the legacies, herein, devised, until such time, as they may become fitted to take charge of the same. My said exe- cutors, in the mean time, to provide for their proper and confort- able maintainance out of the rents and revenues of what would be their respective portions. and, in the event that this should | become necessary, mysaid executors are to give bond, with good | |and adequate security for the full. protection of the inte- | rests of such chil\, or children, from whom its portion has been with-helé, that its property and estates will be properly managed and accounted for. In testimony whereof I hereunto set my hand and seal, 4nd pad lish and declare this to be my last will and testament, in the | presence of the witnesses named below. This first day of August in the year 1902, F.B.HALE Witnesses; Z.L.WARD HJ. HALE S.3.SEMMES | Signed, sealed, published and declared by said Franklin B.Hale as for his last will and testament, in the presence of us, who, in has presence, and in the presence ef each other, and at his request, have subscribed our names as witnesses thereto. Witnesses; T-L WARD, CODICIL TO THE LAST WILL AND TESTAMENT OF FRANKLIN B.HALE WHEREAS. I, Franklin Beale of the city of Osceole,County of Mississippi and state of Arkansas, being of sound health and sound and deposing mind and memory have heretofore made my last will, bearing date, the Ist., day of August A.D., 1901, and witnessed by a Warg,H.J.Hale and S.S.Semmes, and, | WHEREAS, My wife, Mary M. Hale and my son James L. Hale, who were appointed executors in said will have died since the making and execution of same, and, WHEREAS, My daughter, Mollie P. Hale Davis has died sincethe making and cxecution of said will, leaving surviving her, two daughters, Pauline Davis and Marguerite Davis: Now, I do by this instrument, which I hereby declare to be a codicil to my said will, to be taken as a part thereof, do hereby revoke the appointment of the said Mary M. Hale and James L. Hale, both deceased as such executors as aforesaid and hereby appoint my five children, William P. Hale, Elizabeth Pearl Hale Krewson, Charl F.Hale, Frankie B,Hale Holman and Emma W. Cole, or the survivors pe of them my sole executors for the purpose of carrying out my last will and testament without necessity of giving bond and with full authority to the majority of my executors or their survivors to act and carry out the purposes of my will with | the same authority as if ell of my executors or their survivors had acted. It being my desire that a majority of my executors of their survivors shall be empowered at all times to carry out the provisions of my will, without first obtaining the unanimous consent of all executors or their survivors end that all business or matter connected with my will shall be carried on and left to the sole discretion of the majority of my executors or their survivors. It 1s my expressed wish that the executors or their survivors, appointed in this codicil shall act without the necessity of giving any bond and they shall not be required to do so by eny court or other authority or parties interested; I desire that Pauline Davis and Marguerite Davis, daughters of my daughter, Mollie P. ale, deceased, receive joint- ly, share and share alike the interest.in my estate that I | heretofore devised in my said will to my daughter, Mollie P. Hale, deceased but that they shall not receive the same until they arrive at a legal or full age and I hereby authorize and empower my executors to retain the entire interest of my two said grand daughters, Pauline Davis and Marguerite Davis, in thelr possession and control until my said grand daughters, Pauline Davis and Marguerite Davis arrive at a full or-legal 8ge and I further authorize and empower my said executors with bsolute discretion, as to any moneys or funds that they may ve in their hands belonging to my said grand daughters,Pauline Pavis and Marguerite Davis, to advance to my said grand daughters, Pouline Davis and Marguerite Davis such sums as they may deen pevessary for the proper maintenance and education of my two said granddaughters, Pauline Davis and Marguerite Davis and with the expressed authority to make such advances as they may deem advisable and for the best interest of my said grand daughters, | Pauline Davis and Marguerite Davis. I further declare the fact that | a majority of my executors or their survivors make advencements to my said grand daughters, Pauline Davis and Marguerite Davis | shall be conclusive evidence that they deem it necessary for for their maintenance and education and my said executors, the majority thereof, or their survivors shall not~be required to account to my said grand daughters, Pauline Davis and Marguerite Davis or to any court for any sum they shall ad- vance to my grand daughters, Pauline Davis and Marguerite Davis, up to the time they shallarrive to full or legal age. IN WITNESS WHEREOP, I hereby set my hand and seal and publish and declare this to be a Codicil to my last will and testament, dated 1st., day of August 1901 in the presence of witnesses named below, this 19th., day of Jamapry, 1924. FRANKLIN B. HALE WITNESSES: HJ HALE A.i. BOWEN JOR W, RHODES JR. H.J.Hale, A.W.Bowen, and Joe W. Rhodes,Jr. do | hereby certify that the above testator, Franklin B.Hale, subscribed to the foregoing Codicil in our presence and declared the same to be a Codicil to his last will and | testament and we hereby sign same and witness it, at his“7+ request and in his presence and in the presence of each other. | HJ HALE i A.W.BOWEN JOE Wi. RHODES JR | | | And, 4t appearing to the satisfaction of the Court upon the consideration of such application, the proof and the record herein, | that the testator, Franklin B. Hale, at the time of executing said | will and the codicil thereto was at least twonty-one yoars of age, was of sound mind, and died on the first day of July, 1926 at Osceola in Mississippi County Arkansas, and that this Court has Jurisdiction of his estate, and the evidence, a statement of which | is filed in this court as required by law, being heard and fully | considered, end the same proving satisfactorily that the said Franks Lin Beale, on the first day of august 1901, being then of sound | mind, signed and executed the will which is exhibited to the court and offerred for probate and that at his request the execution and signing of said will by him was witnessed by J.L.Ward, H.J.Hele and 8.8.Semmes in the presence of the said Franklin B.Heale and of each lother in manner and form as required by law and that on the 19th day of January 1924 the said Franklin B.Hale, being then of sound mind,signed and executed the codicil to said will which is attached thereto and exhibited as a part thereof and offered to this court for probate as such at which said time H.J.Hale, A.W.Bowen and Joe W.Rhodes Ir., at the request and in the presence of the said Franklin B,Hale and in the presence of each other witnessed the | signing and execution of said codicil to said will by the said | Franklin B.Hale in manner and form required by law which said facts | jare set forth in the depositions ore ffidavits of J.L.Ward and H.J. Wale the surviving witnesses to the execution of said will and by JH.J.Hale and A.W.Bowen the surviving witnesses to the execution of the codictl to said will, the said S.S.Semmes and Joe ¥ Rhodes, Jr. | Inaving G4ed prior to the death of the said Franklin B.Hele; and it | further appearing to the satisfaction of the court that such willand the codicil thereto were executed with the formalities and solemnities and under the circumstances required by law to make and constitute the same a valid will and valid codicil thereto and that neither sald will nor said codicil has been revoked ty | the testator except in so far as said codicil varies from said | original will; and it further appearing that the applicant,William | P.Hale, Elizabeth Pearl Hale.Krewson, Charles F.Hale, Frankie B. Hale Holman and mua W. Cole aré named in said will as the execu- tors thereof, that they are entitled by law to letters testamentary and are not disqualified by law from accepting letters,and that there is a necessity for administration on said estate: | | | | | | | It is therefore ordered, adjudged, and decreed that said | instruments of writing being the last will and testament of Frank- | lin B.Hale and the codicil to said last will and testament be ad- mitted to probate and record as the last-will and testament of | the said Franklin B,Hale,deceased,and that said testimony con- sisting of the affidavits or depositions of J.L.Ward, H.J.Hale and A.l7.Bowen be recorded in the minutes of this court following the entry of this order; and it is further ordered, adjudged and decreed thet administration be granted upon the estate of the said Franklin 3.Hale, deceased, and that said William P.Hale, Elizabeth Pearl Hale Krewson, Charles F.Hale, Frankie B.Hale Holman and Emma W. Cole, the executors named in said codicil to said last will and testament of the said Franklin B.Hale, deceased, receive letters! eptomentary ypon their taking the oath required by law CEA IOS, oe teomiats on sats its provider tuat ‘ney | ' ghell_serveuithewt-tend; and when they shall have qualified accord- ing to law, the Clerk of this Court will issue letters in accordance| with this judgment. Ln & DE flea