Will of Andrew Fergus
Recorded in Lewistown, Fergus County, Montana
Four typed pages:
I, Andrew Fergus, of Armells, in Fergus County, State of Montana, of the age of seventy-three years, being of sound and disposing mind and memory, and not acting under menace, fraud, or undue influence of any person whomsoever, realizing the uncertainties of life, and desiring to direct the disposition of my estate, do make, publish and declare this my last Will and Testament, in manner following, that is to say:
FIRST: It is my will and wish that my executrix, hereinafter named, as soon as she have sufficient moneys belong to my estate in her hands first pay the expense of my last sickness and my funeral expenses, and then all my just debts in due course of the administration of my estate.
SECOND: I give, devise and bequeath unto my beloved wife, Hazel A. Fergus, one-third of my estate, of whatsoever kind or nature, wherever situate, owned by me at the time of my death, or in which I may have any interest, after the payment of the expenses of my last sickness, funeral expenses, debts, charges against my estate, and expenses of administration.
THIRD: I give, devise and bequeath all the rest, residue and remainder of my estate, of whatsoever kind or nature, wherever situate, owned by me at the time of my death or in which I may have any interest, to my dear children, Agnes Abbie Fergus, Pamelia June Fergus and Andrew James Fergus, in equal shares.
FOURTH: It is my will and wish that the expenses of my last sickness, funeral expenses, debts, charges against my estate, and the expenses of the administration thereof shall be paid out of the whole of my estate, regardless of any bequest or devise to my wife or any child.
FIFTH: Should any of my children take an interest in educational pursuits or desire to pursue a higher education than what the High School affords, after having completed the High School course, then I hereby direct such child be given an opportunity of such educational advantages in some academy, college or university, and that upon sufficient showing being made to the court probating my said estate, the court or judge thereof may, upon proof of such facts, direct my executrix, hereinafter named, to furnish any money or moneys which may be necessary to maintain such child at such academy, college or university, out of its portion of my said estate; and that in the distribution of my said estate such moneys so expended for the benefit of such child in maintaining it at such academy, college or university shall be deducted from the share of said child, on final settlement and distribution of such childís share, as hereinafter named.
SIXTH: It is my will and wish that the administration of my estate be kept open until my said son, Andrew James Fergus, shall have attained the age of twenty-one years, when my estate may be finally settled and closed, and my sonís share of my estate, with the increase thereof, be distributed to him. It is my will and wish that if my estate is in such financial condition that distribution may be made prior to that time to either of my other children, that my said daughter, Agnes Abbie Fergus, have distributed to her her share of my estate upon attaining the age of twenty-one years; and, likewise, my daughter, Pamelia June Fergus, have distributed to her her share of my estate upon attaining the age of twenty-one years. It is intended hereby, however, that the event that any money is paid out for the purpose of maintaining any one of my children in any academy, college or university, as directed heretofore in this Will, such part shall be deducted from such childís share upon distribution of the share of such child to such child upon attaining the age of twenty-one years.
SEVENTH: After all my just debts have been paid in due course of the administration of my estate, and moneys shall come into the hands of my executrix, hereinafter named, to be held for distribution to any of my children, it is my will and wish that such moneys be invested in Government or municipal bonds for the benefit of my said children, but the purchase of such bonds with moneys belonging to my children must not defeat the expenditure of any moneys for the maintenance of any child in any academy, college or university, as hereinbefore provided, and it is my will and wish that such moneys be used for the higher education of any child so desiring such higher education, in preference to the investment of such moneys in bonds, as before mentioned.
EIGHTH: I hereby nominate and appoint my dear wife, Hazel A. Fergus, the Executrix of this my last Will and Testament, without bonds; and it is my will and wish that she not be required to give any bond or other security for the faithful performance of said trust; I further direct, and it is my will and wish that my said executrix shall have full power, upon this Will being admitted to probate, to pay off and discharge out of my estate all my debts, and execute all provisions of this Will, and full power and authority is hereby given to her to sell any property of my estate without any order of the court or judge, at either public or private sale, with or without notice as my said executrix may determine, and to do all things she as such executrix could by any court be authorized to do under the terms of this Will, without any proceedings in any court, or before any judge thereof, and without the intervention of further probate proceedings, and as fully and completely as I might have done while living, and that upon any sale or sales being made by her that the same be reported and returned to the court probating my estate, and that after due notice a hearing be had on such sale or sales, and if the court or judge shall consider that such sale is, or the sales so reported are, legally made and that a fair valuation is obtained for such property so sold, that such sale or sales be confirmed, and the proper conveyances be made by my said executrix as upon any order confirming a sale by the court or judge were this power not given in this, my last will.
I hereby revoke all wills or testamentary dispositions by me at any time heretofore made, and declare this to be my last will and testament.
IN WITNESS WHEREOF I have hereunto subscribed my name, this Sixth day of May, in the year of our Lord One Thousand Nine Hundred and Twenty-four.
The foregoing instrument, consisting of three (3) pages, besides this, was at the date hereof by the said Andrew Fergus signed and published as, and declared to each of us to be, his last will and testament, in the presence of us, who, at his request and in his presence, and in the presence of each other, have subscribed our names as witnesses thereto.
Residing at Lewistown, Montana.
Residing at Lewistown, Montana.