The Portland Daily Press

Item X. To Valta Maurice di Maine, reported as residing in New Orleans, and to George Justus di Maine of the City of New York, brothers, I give and bequeath to each respectively if living at the time of my death, the sum of $3000, a total of $6000, payable in three successive annual installments: If either of said legatees shall die before the payment of said legacy to him in full. I will and direct that the unpaid portion thereon shall be retained and disposed of by my executor as a lapsed legacy to my estate and become a residuum thereof.

Item XI. I give and bequeath to Mrs. Emma C. K. Todd, M. D., now residing in Springfield, Mass., if living at the time of my decease, the sum of $3000. and a like sum to Mrs. A. M. Nelson, now a resident of Boston, Mass., if living at the time of my decease. Each has been kind and useful to me in years of my past life. and I would not have them forgotten by me in death, Said bequests I direct to be paid them in three successive annual installments after my decease, and if either or both shall die before the same shall be paid, I direct that so much of each installment as shall then remain unpaid be retained and disposed of by my executor as lapsed legacies and constitute a residuum.

Item XII. I give and bequeath to the town of Deering, to be held in trust forever by said town, or its successors in municipal authority. over the territory now constituting said town the sum of $4,000 for the uses and purposes hereinafter mentioned, and upon the following terms: That is to say: (1) That said town shall, within six months after my executors shall notify the Selectmen of said town of the provisions of this legacy, accept by legal town vote; the said sum in trust forever, and will guaranty the integrity and safety of said sum herein expressed, and an income on the same, and its increase from time to time, if any, or not less than six per cent, per annum, payable in semi-annual installments into the treasury of said town, or of its successors in power over said town in territory. (2) That said funds. when so accepted, shall be designated and known in the accounts of said town, or of said successors, "F. O. J. Smith Deering Fund," and the same shall be paid by my executors to the Treasurer of said town, on the order of said Selectmen, for the time being, in four equal annual payments from the date of my decease. (3) That the Selectmen of said town, or their successors in power over the territory now comprising said town, shall within ten days after the first installment of $1000 of said bequest, shall have been paid to the town Treasurer, appoint a Board of Commissioners, residents of said territory, consisting of four male citizens and two female citizens who shall be wives of citizens who are not members of said Commission, or widows of deceased residents of said town, and their service shall be for the term of three years next succeeding their respective appointments, unless sooner dying, resigning or removing from said town. That each vacancy in said commission that shall thereafter occur from any cause, shall be promptly filled in like manner, by appointment by the Selectmen of said town, or their successors in power, of a person of the same kind as filled it when such vacancy occurred, and a resident of said town, and each man appointed shall be for the full term of three years. (4) That by and through said Commission as a Board, and upon their order thereof, said Selectmen, as their aforesaid successors. by their order upon the Treasurer of said town, shall receive, appropriate and expend, if needful, in each year, the annual income of said bequests so paid to the town and for the following purposes, viz:

1st. So much thereof if any, as shall be needful for the protection at all times hereafter and suitable repairs of the tomb and its area of ground erected by me and described in Item I. of this instrument.

2nd. All the remainder of said income, if needed in the purchase and gratuitous distribution among such poor and indigent families or individuals, each residing within the limits of said territory under whatever municipal jurisdiction it may be as practical benevolence, may dictate regardless of sex, age, nationality, religion, politics and color, of wood, coal and other fuel: Said purchases to be made at the discretion of said commission, and such distribution to be made only in the fall and winter months of each year and in such kind and quantities to each such family or individual as said commissioners shall determine to be politic and proportionate to the needs of the whole number of persons to be relieved. And the selectmen of said town or their successors in power shall annually require of said Commissioners and it shall be the duty of said Commission to make annually to the Treasurer of said town or its successor a faithful report in writing of their accounts, purchases and distributions of fuel during the preceding year. naming each recipient thereof and the kind and quantity of fuel supplied to each, for the purpose of having such accounts properly and carefully audited and adjusted, and the same, with the doings of the Selectmen and Treasurer thereon, should be open to the inspection of all residents within said town. And such account shall be rendered on or before the first Monday in March of each year, And in case such annual expenditures shall fall short in any year of the income of said trust fund for such year the surplus remaining shall be added and made thenceforth a part of said trust fund and the guaranty of safety by the town shall attach thereto as to the original fund.

5th. That in case said town or its successor shall neglect or refuse to accept said legacy in trust upon the terms and conditions hereinafter specified or should neglect or refuse after accepting the same to fulfill conditions of trust for the period of one year. then said fund shall be and become treated and recovered by my executors as a lapsed legacy belonging to my estate, reserving therefrom in such form as executors shall desire. a sufficiency to ensure the perpetual protection of my said tomb and appurtenant grounds as is heretofore contemplated.

Item XIII. Lest I should be guilty of neglect and injustice to one who may be of my own kith and kin" being so reported, I give and bequeath the sum of $40 to my said executors in trust for the sole use and benefit of a child who from his infancy has been more or less in charge of Miss Louisa Milliken now of Portland, who gave said child the name he now bears of Herbert Ames, And I will and direct my said executors to invest said sum to the best advantage in the state of Maine or Portland city bonds bearing not less than six per cent, per annum, payable half quarterly until said Herbert shall arrive to the age of 21 years, and in the meantime to pay the income of said investment to the guardian of said Herbert for his support and education. But in case of his death before arriving at said age I will and direct that said sum and any income thereof which was remaining unpaid at his death shall be retained and treated by said executors as a lapsed legacy and part of my estate excepting his funeral expenses.

Item XIV. I will and bequeath to my uniformly kind and abiding friend Hon. Ezra Carter of Portland, in testimony of my personal esteem as a man ever faithful found among the faithless." in all the relations of life, and if living at the time of my decease to be paid by my executors as soon as may be the sum of $1000 and for his sole and exclusive use and disposition, not to be appropriated by any process of law in payment of any liabilities or indebtedness if any may exist at the time, by my said executors, and only to said Carter in person.

Item XV. My three sisters still surviving. Adeline A. Monroe of Medford, Massachusetts, and Harriet M. A. Sadler and Olivia E. S. Frink, both of the city of Portland, being each and respectively already possessed as I suppose of a competency of property for their comfortable support through life, neither having offspring, renders it unnecessary for me to make other bequest, except contingently as hereinafter named, beyond that of bequeathing to each and to the now surviving husband, namely, Charles Monroe, an absolute and perpetual right of interment in my heretofore mentioned tomb, wherein the remains of the husband of the said Harriet, viz, the late Rev. Levi Lincoln Sadler, and of the husband of said Olivia. the late Dr. John M. Frink, both of whom I remember with deep fraternal feeling. now repose. Provided, however, and I will and direct that in the event that each or either of my said sisters, from misfortune, ill health or otherwise, shall at any time after my decease need pecuniary assistance out of my estate, my said executors on request therefore by said sisters, are hereby and shall be fully empowered to apply any proceeds of my estate available for the purpose in their possession, quarter-yearly, and pay to each such sister so necessitated, for her comfortable support, the sum of $100 or $400 annually for and during her natural life, or during the continuance of such necessity.

Item XVI. I give and bequeath to the "Cumberland Law Library Association," to the members of which generally, through one half century of the years last past, I owe many grateful remembrances for their personal kindnesses and respectful courtesies. the portrait of Andrew Jackson and the portrait of Martin Van Buren, former Presidents of the United States. and during the three terms I served in Congress of the United States as a member of the House of Representatives. The former is an original, painted for me in 1836 by Colonel Earle, a loved nephew of President Jackson, and residing at the time in the President's family at the White House. The certificate and bill in Colonel Earle's handwriting will be found attached to the rear side of the canvass. The portrait of Mr. Van Buren is an original by the great artist Inman of Philadelphia, and from which lithograph copies were circulated by his partisan supporters during his first candidacy for the Presidency. It was presented to me by Philip Haas of Washington City, who executed the lithographs for circulation. This bequest is made on the consideration that said Library Association shall at all times keep and possess and preserve said portraits in good and appropriate condition of safety and repair, including the frames in which they are set.

GENERAL REMARKS.

I have full confidence that the proceeds of my real and personal estate, if economically administered, and not hurriedly, and all of which I authorize my executors to sell as soon as may be done without large sacrifice. the best advantage, part for money and part on reasonable credit, safely secured by mortgage, at bank rates of interest, and seasonably payable, if practicable, to meet maturing legacies, all of which details I leave to the discretion of my executors, will be sufficient to discharge all my honest debt, together with all preceding bequests herein made, without recourse to the proceeds of my just claim upon the estate of the late Ezra Cornell, now pending on a judgment entered up in the Supreme Court of New York, approximating $600,000, and subsequently accruing interest; but if my estate should prove otherwise, and a deficit should exist, so said legacies can not each be paid in full, then I will and direct that payments, pro rata., be made thereon out of my said estates, and the remainder, together with 20 per cent. additional to which be paid on and added to each of said legacies out of the proceeds of said Cornell claim. If, and whenever the same shall be recovered by my said executors.

Item XVII. I make and bequeath the following sums and legacies, to by my executors, as soon as may be contingently, and on the conditions of my recovery and collection during my life time. or by my executors after my decease. of my aforesaid claim of said Cornell, and not otherwise. that is to say:

1st. I give and bequeath to Smith's Home for Aged, Indigent Mothers," a corporation chartered by the Legislature.

[Here follows the conditions at great length.]

Item XVIII. I give and bequeath consequently as aforesaid to said last named institution the sum of $2000, to be expended, if so much be needed, or so much thereof as may be needed in repairs of premises when the same shall be placed under renewed organization and use.

Item XIX. By the terms and conditions of my aforesaid conveyance to said institution the managers thereof in the III article of said conveyance are empowered to organize themselves at any time into an auxiliary association with the style and title of the Association of Smith's Home" for the relief of "aged. indigent females' and in furtherance of the provisions and purposes of said article.

Item XX. I give and bequeath to the Cumberland Bar Law Library Association $50,000 payable to said Association as a corporate body as soon as may be after my decease with the following conditions:

1st, That it shall be invested when received in Portland or State of Maine bonds.

2d, Until the office of librarian of said association shall have the constant services and personal attendance in the library of the association a sum from the income of the above investment.

3d, And I make it a condition of the bequest herein that when the fund of $25,000 herein before set forth as a building fund shall have accumulated to the full sum of $100,000 it shall be with its further income appropriated and expended by said association in the purchase of a suitable and suitable lot of land in the city of Portland, near as may be to City Hall, and to erect thereon a brick fire-proof building. The first floor for offices and the second and third floors for library rooms. The following inscription shall be placed on the side facing the street:

"The Cumberland Bar Law Library Association, erected in the year A. D. 190- from funds donated therefor by Francis O. J. Smith."

4th, I make it also an unalterable condition of the gift that the association shall cause each and all books to be imprinted at the expense of said fund upon the outside cover of the same, the following: "This book is the property of the Cumberland Bar Law Library Association and is not to be taken lawfully from the Library Room under any pretence except to the Court Room on the written order and responsibility of a Presiding Judge, and only during term time of the Court. It is a contribution from the fund donated by Francis O. J. Smith, more than fifty years of the Cumberland Bar."

Item XXI. Contingently I give and bequeath to the Corporation or Trustees in trust forever of the New Hampshire Historical Society, situated in Concord, and to be invested in proper securities of said state, $10,000, to be known as the "F. O. J. Smith Fund.

Item XXII. Contingently as aforesaid I give and bequeath to the corporation of Phillips Academy at Exeter the sum of $10,000. to be denominated on the books of said institution my only alma mater, and on the records "The F. O. J. Smith Fund.

Item XXIII. I hereby constitute Hon. Nathan Webb. Hon. C. W. Goddard and Darius H. Ingraham of Portland. Executors of this instrument and of the several provisions and bequests herein contained, having unlimited confidence in the ability, integrity and good intentions of each.

GENERAL PROVISIONS.

In all contingent bequests herein contained dependant upon recovery of my aforesaid claim upon the estate of Ezra Cornell deceased, and wherein the time of payment is not otherwise limited or supplied, I will and direct that said payment be made by my executors as soon as convenient after my death or as soon as the claim is recovered.

In witness whereof, and of each and all the things and provisions hereinbefore set forth on pages hereof from 1 to 41, inclusive, of these presents, all in my own handwriting, I have hereunto set my hand and affix my seal on this 8th February in the year of our Lord 1876 at Forest Home. in the town of Deering aforesaid.

[L. S.]

FRANCIS O. J. SMITH

The above instrument was signed, sealed and declared by the above named testator. Francis O. J. Smith, in presence of us, who in the presence of said testator and of each other, have hereunto subscribed our names, as witness our hands and signatures on the day and year last above mentioned.

S. H. TEWKSBURY,

CHAS. W. BRAY.

FRED. C. STEPHENSON.