Transcribed by Judy Benson & Ivy Benoit. While I have endeavored to be as correct as humanly possible, there could be some typographical errors
Newfoundland will books volume 12 pages 557 to 565 probate year 1924
|Will of Rudolph J. Schaefer, Sr.|
In re: RANDOLPH J. SCHAEFER. DECEASED.
Lenox Hill Hospital
C. P. Schmid
W. H. Klenke.
FIFTH: I give to each of my two sons the sum of One thousand dollars ($1,000) in lieu of the fees and commissions they would be entitled to receive while acting as executors and trustees under this, my Will.
Residuary. SIXTH: I give, devise and bequeath to my executors and trustees hereinafter named and the survivors and survivor thereof and their successors, all the rest, residue and remainder of my property wherever situate of which I may die seized or possessed or to which I may be entitled at the time of my death, and also including any property not hereinbefore effectually devised or bequeathed, to hold the same in trust and to invest and re-invest the same and receive the rents, profits and income therefrom and from the net annual profits or income so received, including as income any extraordinary dividends or division of earnings or surplus whenever earned, and paid or declared by any corporation or association on any shares of capital stock or interest held by my said executors and trustees, to pay to my beloved wife, Fredericka V. during her life in quarter yearly payments each year, commencing from the date of my death, the sum of Twenty-five thousand dollars ($25,000) annually or so much of said sum in any year as said fund shall produce that year, and the balance, if any of each year's income, I give to my three children, Frederick M.E. Schaefer, Rudolph J. Schaefer, Jr and Edmee Eloise Schaefer Pryibil and the issue surviving, at the time when the yearly division of any such balance is to be made, of any child that may die to take per stirpes the share its parent would take if then living.
Upon the death of my wife, or on my death, if she do not survive me, I direct said executors and trustees and the survivor thereof and successors thereto to divide said rest, residue and remainder into equal shares and I give one such share to each child of mine, said respective shares of my children to be held in trust to invest and re-invest and to receive the rents, profits and income therefrom, and pay the net amount thereof, including any extraordinary dividends or division or distribution of income or surplus hereinbefore described, over to my said children quarterly.
I direct my said trustees to pay over to each child who shall have reached or as he or she shall reach the age of twenty-five years one-quarter of the share of the principal held in trust for him or her and when he or she shall reach the age of thirty years another one-quarter of said share, and when he or she shall reach the age of thirty-five years the balance of said share; or if he or she shall die before reaching the age of thirty-five years the principal of said share, or the balance thereof, as the case may be, I give to his or her then surviving issue, if any, and if none to my other children, if living, or if either be dead, his or her issue to take the share its parent would take if living; and if there be no such issue, the survivor or his or her issue, as the case may be, to take the whole.
If at the time of my wife's death, or at the time of my death if she do not survive me, any child of mine shall have died leaving issue surviving my wife, if she survive me, or surviving me, if my wife do not survive me I give the legacies and the share of the residuary so given to such child and to be held in trust as aforesaid to its issue per stirpes, the respective shares of such issue to be held by my said trustees in trust to receive the rents profits and income therefrom and the net income, including any extraordinary dividends or distribution above described, to be applied so far as deemed necessary to the support and education of the beneficiary until it reaches the age of twenty-one years when the principal of its share and all accumulations shall be paid over to it absolutely.
How payments may be made.
Lieu of dower.
EIGHTH: I hereby nominate, constitute and appoint my sons Frederick M. W. Schaefer and Rudolph J. Schaefer, Jr, and my friends William H. Klenke and Samuel S. Brewer and the survivors and survivor thereof to be the Executors and Trustees of this Will, but I direct that my two sons shall not receive any commissions while acting as executors or trustees except the $1,000. legacy given to each of them in the Fifth paragraph of this Will in lieu of commissions; and I hereby authorize and empower them and the survivors and survivor thereof and their successors to sell any and all my real property for the purpose of settling my estate, paying debts or legacies or to prevent partition or for any other purpose whatsoever deemed by them or the ones then acting to be best for the interest of those concerned in my estate, and at such times and on such terms as to them may seem best, and good and sufficient deeds thereof to execute and deliver.
I further authorize them on any such sale or sales to take back purchase money mortgages for part of the purchase price.
I give to my executors and trustees and the survivors and survivor of them and their successors, full power and authority to lease any of my real estate for terms not exceeding five (5) years; and should any building be destroyed or damaged by fire, wear and tear, or internal or external violence or otherwise, to rebuild or repair the same if they deem it advisable, in any manner they may decide upon, and to raise sufficient money by bond and mortgage upon the property or other property or otherwise, for that purpose.
In case any of the said executors and trustees hereinbefore named shall die, fail to qualify, resign or be removed or become incapable of acting, then in any of such events I nominate and appoint as substituted executrix and trustee my daughter Edmee Eloise Pryibil, hereby granting and giving unto her upon her qualifying, the same power and authority as though she had been originally appointed an executrix and trustee herein, but I direct that she shall not receive or be allowed any sum in excess of $1,000. for her services while acting as such executrix and trustee.
Henry's 500 shares.
TENTH: I expressly direct that no executor or trustee or the substituted executrix and trustee named herein, shall be required to give any bond for the execution of the trusts hereunder.
ELEVENTH: If at the time of my death I shall be the owner of any of the shares of the capital stock of The F. & M. Schaefer Brewing Company, or of The Schaefer Company, or of both Companies, or of any other Corporation, or if my said executors or trustees shall accept the legacy of said five hundred (500) shares of the capital stock of The F. & M. Schaefer Brewing Company given to me by the Will of my father, Maximilian Schaefer, I empower and request them to retain and hold such shares of said stocks as part of my residuary estate, and so far as may be practicable to divide the said shares of each of said Companies prorata in specie among the respective trusts under the residuary clause of this Will; and I hereby declare that they shall not be chargeable with negligence, misconduct or liability by reason of the retention of said shares or any thereof, and I hereby release them from all liability by reason of their so retaining such shares or any thereof.
I direct, however, that in selling or offering for sale the stock in either Schaefer Company at any time, they shall not offer or sell any less than the whole number of shares of such Company then held by them or which they are entitled to hold in trust for all the trusts hereunder, and in the event that at such time my brother Henry shall be living, I authorize them to assign and transfer, upon such terms as may be agreed upon between them and any proposed purchaser, the said legacy of five hundred (500) shares of The F. & M. Schaefer Brewing Company given to me by the Will of my said father.
WHEREAS, I am now the owner of all or substantially all the capital stock of The F. & M. Schaefer Brewing Company, R.J. Schaefer Realty Co. Inc., and Kent Color Corporation, and will probably continue to be such owner during my life; and
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my seal this 26" day of October in the year One thousand nine hundred and twenty-two.
Bronx, New York City. Philip Muller 35 Hillcrest Ave
New Rochelle, N.Y.
IN THE NAME OF GOD_ AMEN.
I, Rudolph J. Schaefer, being of sound and disposing mind and memory, having made by last Will and Testament bearing dated the 26th day of October, 1922, do now make this Codicil to be taken as part of the said last Will and Testament.
FIRST: I hereby ratify and confirm said Will in every respect save in so far as any part of said Will is inconsistent with this Codicil.
SECOND: I hereby give to my daughter, Edmee Eloise Schaefer Pryibil, the sum of Ten thousand dollars ($10,000) and I direct that the same be paid over to her within one (1) year after my death and that the said sum of Ten thousand dollars ($10,000) shall be applied and deducted for the purposes stated before the amount of the residuary Estate is computed.
THIRD: I hereby give to Miss Sadie Brown, of Syracuse, New York, faithful nurse and companion of my wife for some years, the sum of Five hundred dollars ($500) and the said sum of Five hundred ($500) shall be applied and deducted for the purposes stated before the amount of the residuary Estate is computed.
FOURTH: I hereby give to Mrs. Conrad Strauch, faithful servant of my family for more than twenty (20) years, the sum of five hundred dollars ($500) if she be in the employ of my family at the time of my death and the said sum of Five hundred dollars ($500) shall be applied and deducted for the purposes stated before the amount of the residuary estate is computed.
FIFTH: I hereby give to Joseph Totten, faithful Chauffeur of my family for over eight (8) years, the sum of Five hundred dollars ($500), if he be in the employ of my family at the time of my death and the said sum of Five hundred dollars ($500) shall be applied and deducted for the purposes stated before the amount of the residuary Estate is computed.
SIXTH: I hereby give to Percy Stevens, my faithful valet and housekeeper for some years, the sum of Five hundred dollars ($500) if he be in my employ at the time of my death and the said sum of Five hundred dollars ($500) shall be applied and deducted for the purposes stated before the amount of the residuary Estate is computed.
SEVENTH: I hereby change and modify the sixth clause of my last Will and Testament as follows:
EIGHTH: I hereby change, Alter and Modify the Eighth clause of my last Will and Testament in which Executors and Trustees are nominated, constituted and appointed so as to eliminate therefrom the names of my friends, William H. Klenke and Samuel S. Brewer as Executors and Trustees and substitute instead and in place of the said William H. Klenke and Samuel S. Brewer, my friends Jacob Ruppert and Rudolph O. Haubold, but all the other provisions and directions in said Eighth clause are to remain in full force and effect and everything applicable to the said William H. Klenke and Samuel S. Brewer shall be applicable to the said Jacob Ruppert and Rudolph O. Haubold. The substitution of my daughter, Edmee Eloise Schaefer Pryibil, provided for in said Eighth paragraph of my last Will and Testament shall only take place in case any of the said Executors and Trustees as constituted by my said Will and by this Codicil shall die, fail to qualify, resign or be removed or become incapable of acting. I direct that the substituted Executors and Trustees named herein shall not be required to give any bond or security whatsoever and that all provisions of my said Will applicable to Executors and Trustees shall be applicable to the said Jacob Ruppert and Rudolph O. Haubold.
In witness whereof, I, Rudolph J. Schaefer, have to this Codicil to my last Will and Testament, dated the 26th day of October, 1922, subscribed my name and set my seal this 7" day of August, in the year of Our Lord, One thousand nine hundred and twenty-three.
In the presence of:
The foregoing instrument was by the said Rudolph J. Schaefer Signed, sealed, published and Declared as and for a Codicil to 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 this 7th day of August, in the year One thousand nine hundred and twenty-three.
Richard C. Voth residing at 375 Park Ave. New York
William F. Lloyd
Registrar of the Supreme Court of Newfoundland
(Listed in the margin next to this will the following)
Fiat May 9/24 Horwood C.J. Adm C.T.A. granted to Thomas R. Murphy. May 13/24. Estate sworn at $5700.00
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