Will of Constantine William Benson

Date: [unknown] [unknown]
Location: Minnesota, United States
Surnames/tags: Benson Weston

This transcription was made in 2022 from a digital image of the Will on the ancestry website. Paragraph breaks are as present in the original text, but bold text has been introduced for ease of finding relations.^[1]

Will of Constantine William Benson (1852-1905)

LAST WILL AND TESTAMENT OF Constantine W. Benson late of 18 Kensington Square in the City of London England now residing at Sibley, State of Iowa, United States of America.

I Constantine W Benson do declare this to be my last will and testament

I That I nominate and appoint Robert H Benson of 18 Kensington Square in the City of London and J W Weston of Endmonton Kendal in the County of Westmorland England trustees to take, hold and receive the legacies, bequests and devises hereinafter made and also to be with my wife Emily Margaret Benson my Executors and Executrix of my estate

II That I desire and direct that out of my estate there should be first paid the indebtedness due by me to Mr J W Weston of Edmonton Kendal in the County of Westmoreland England of One Thousand (1000) Pounds and the indebtedness due by me to James Cropper of Evergreen Kendal in the County^[2]

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of Westmorland England of Eight Hundred and Eighty-seven (887) pounds, Thirteen (13) shillings and Four (4) pence or so much thereof or in addition thereto as may be found due them at my death

III That after the payment of the above sums and the residue of my debts I give and bequeath Robert H. Benson and J. W. Wheaton, trustees named in the marriage settlement with my present wife, the sum of Seven Thousand (7000) pounds or such securities of that value as my said trustees may select to be by them taken, received, held, controlled, managed and disposed of upon the same terms, conditions, restrictions and in all respects the same manner as directed and prescribed in said marriage settlement.

IV I give and bequeath to my wife Emily Margaret Benson absolutely all my personal effects consisting of household furniture, library, books, pictures plate &c also horses, harness, buggies, carriages and contents of stables and the sum of One Thousand (1000) pounds to be paid to her as soon after my death as the same can be realized after providing for the sum named in Art. II and III aforesaid^[3]

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V I give and bequeath to my said trustees Robert H Benson and J W Weston or to their successors the sum of Twenty Thousand (20 000) pounds or securities of that value to be by them selected In Trust for the use and benefit of my wife Emily Margaret Benson during her life and after her death for the use and benefit of such of my children who should survive me share and share alike If at the death of my wife any if my children should have died leaving issue then living the share of such deceased child shall go to such issue then living. Whenever after the death of my wife any of my sons shall be or become of the age of Twenty-one (21) years the share of such son shall be paid to him absolutely

VI All the rest, residue and remainder of my estate real and personal of every kind and nature I give bequeath and devise unto my said trustees Robert H Benson and J. W. Weston In trust for my children who may survive me share and share alike. The income from the share of each of my children shall be paid to my wife Emily Margaret Benson until the said children shall respectively^[4]

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become of age to be by her used and appropriated for the use and benefit of the said children as she may see fit and proper and for which use and appropriation by her she is not to be required to account in any manner or to any one. That whenever and as often as any male child shall become if age, the share of such male child shall be paid to him absolutely and whoever and as often as any female child shall become of age the income arising from the share of such female child shall be paid by the said trustees to such female child.

VII I hereby give and empower my said trustees Robert H Benson and J W Weston (and their successors) full power and authority to invest any or all the sums of money bequeathed to them in trust as aforesaid in Articles V and VI in such securities or other property real or personal as they may in good faith and in their honest judgment deem desirable and beneficial to the said funds and may in like manner change, control and manage such investments and shall not be held accountable for losses that may occur when the said funds are so invested. Hereby giving my said trustees full power^[5]

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and authority to make, execute and deliver all deeds, contracts, releases and other writings proper or necessary to be made by them in the full control of said funds without the application to or order of any court or tribunal in any country where the same may be situated

VIII I hereby give and empower my executors Robert H Benson and J W Weston and my executrix Emily Margaret Benson or such of them as shall at the time be acting full power and authority in the settlement of my estate to sell and dispose of any or all of my property of which I may die possessed either real or personal for such prices and upon such terms as they may see fit and without any application to or order, direction, judgement or decree from any Judge, Court or other tribunal in any country where the same may be situated or in any other place or Country having or claiming jurisdiction over the state estate or any part thereof or over the said Executors or Executrix or any of them and to make execute acknowledge and deliver any and all deeds, contracts, releases and writings of any kind proper and necessary to convey^[6]

[page 6] said property real or personal and to collect, receive, give receipts, releases or acquittal cues for all moneys or property coming to said estate or to them as such Executors and Executrix by reason of any sales or other acts done by them in the settlement or management of said estate and to do all and every act necessary and proper to be done and performed by them in and about the settlement and management of such estate That they shall not be required to give funds for the performance of their duties as such Executors and Executrix nor shall they be held responsible for any losses on account of any acts or things by them in good faith done and performed in such settlement, control or management of my said estate

In Witness Whereof I Constantine W Benson have to this my last Will and testament consisting of six (6) sheets of paper subscribed my name and fixed my seal this 27th day of August AD 1887

Signed by the said Constantine W Benson the testator as his last Will ^[7]

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and testament in the presence of us being present at the same time, who at his request, in his presence and in the presence of each other subscribed our names as witnesses

Ker D Dunlop of Sibley, Osceola County, State of Iowa, USA

J N Bannister of Sibley Osceola County State of Iowa USA

Probate Index, 1849-1980; Probate Record Files, Ca. 1849-1925; Author: Minnesota. Probate Court (Ramsey County); Probate Place: Ramsey, Minnesota Description Notes: Probate Records, File No· 14803-14891^[8]

[page 8] Last Will of Constantine W Benson FILED Nov 13 1906 ^[9]

[page 9] CERTIFICATE OF PROBATE

State of Minnesota, County of Ramsey § PROBATE COURT

IN THE MATTER OF THE ESTATE OF Constantine W Benson … 12th day of December 1906^[10]

[page 10] State of Minnesota County of Ramsey Probate Court Book No. 18 of Wills on page 15-19^[11]

[page 11] …Robert H Benson, J W Weston and Margaret Benson …are hereby appointed executors …the 25th day of February A D 1907^[12]

[page 12] … LETTERS TESTAMENTARY Issued to Robert H Benson, J W Weston and Margaret Benson …25th day of Feby A.D. 1907 and recorded in Letters Testamentary, in book No 6 page 372 …^[13]

[page 13] …OATH OF APPRAISERS … 23rd day of February 1907 …^[14]

[page 14] …CLASS 4 Stock in Banks and Other Corporations…total $3382.25 [all other sections blank]^[15]

[page 15] …INVENTORY AND APPRAISEMENT

Total Personal $3382.25

Total Real Estate $ [blank]

FILED MAY 16 1907^[16]

[page 16] [details of newspaper ad requesting anyone with an interest in Constantine’s estate to attend Minnesota Probate Court 10 Aug 1908]^[17]

[page 17] FINAL DECREE ASSIGNING RESIDUE OF ESTATE … August 10th 1908 …Constantine W. Benson …died testate, on the 22nd day of December 1905, and that the residue of said estate consists of the following described personal estate, situate, lying and being in the County of Ramsey …$3382.25^[18]

[page 18] AND IT FURTHER APPEARING that said deceased died testate; that in and by the terms of his last Will and testament, after giving specific bequests and the amount agreed upon in the marriage contract, which as it appears by the affidavit of Robert Henry Benson, one of the executors, under said Will, said decedent during his lifetime transferred and delivered for the benefit of his wife all of the property, real and personal of which he was possessed, with the exception of the above described personal property, he gave, devised and bequeathed to Robert H. Benson and J. W. Weston, in trust, as hereinafter decreed

NOW THEREFORE, on the petition of the said Robert Henry Benson, one of the executors and pursuant to due notice and the law in such case provided:

IT IS ORDERED, ADJUDGED AND DECREED, and this Court, by virtue of the power and authority vested in the same by law, doth hereby order, adjudge and decree, that all and singular if the above described personal estate, and all other the estate of said deceased in the state of Minnesota be, and the same is hereby assigned to and vested in the said Robert H. Benson and J. W. Weston, in trust, fir the children of said decedent who survived him, share and share alike, the income from the shares of each of said children who survive their father, the said Constantine W. Benson, shall be paid to Emily Margaret Benson, widow of said decedent, until the said children shall respectively become of age, to be by her used and appropriated for the use and benefit of the said children as she may see fit and proper, and for which use and appropriations by her she is not to be required to account in any manner or to any one. …October 29th 1908^[19]

[page 19] No. 14831 … FINAL DECREE Assigning Residue of Estate Recorded in Book 110 Page 381 FILED OCT 29 1908^[20]

[page 20] …Nov. 30th 1908 … …R. H. Benson, J. W. Weston and Emily M. Benson …hereby discharged, that their bond in said matter is cancelled …^[21]

Sources

1. ↑ Probate Index, 1849-1980; Probate Record Files, Ca. 1849-1925; Author: Minnesota. Probate Court (Ramsey County); Probate Place: Ramsey, Minnesota; Notes: Probate Records, File No· 14803-14891
2. ↑ ancestry image of page 1
3. ↑ ancestry image page 2
4. ↑ ancestry image of page 3
5. ↑ ancestry image page 4
6. ↑ ancestry image page 5
7. ↑ ancestry image page 6
8. ↑ ancestry image of page 7
9. ↑ ancestry image of page 8
10. ↑ ancestry image of page 9
11. ↑ ancestry image page 10
12. ↑ ancestry image page 11
13. ↑ ancestry image page 12
14. ↑ ancestry image page 13
15. ↑ ancestry image page 14
16. ↑ ancestry image page 15
17. ↑ ancestry image page 16
18. ↑ ancestry image page 17
19. ↑ ancestry image of page 18
20. ↑ ancestry image of page 19
21. ↑ ancestry image page 20