ceeds of said real estate, shall be a part of the said residue and remainder of my estate, and shall be divided and disposed of as above directed in this, the sixth paragraph, of my last Will and Testament. Seventh:--I direct my executors and trustees to make such investments as they may deem safe and proper, and they may retain as part of said trust funds, investments I have made during my life, they to be in no manner liable or responsible for any loss, except through fraud or gross negligence. Eighth:---I do hereby appoint my wife sole guardian of my son Franklin D. Roosevelt, and I wish him to be under the influence of his mother. Ninth:--I give and bequeath to each of my executors and trustees the sum of one thousand dollars, in lieu of executors' and trustees' fees and commissions, and they shall not be required to give bonds in either capacity. And Lastly:--I do hereby nominate and appoint my beloved wife executrix, my son James R. Roosevelt, my brother John A. Roosevelt, and my brother-in-law Warren Delano, Jr.,executors and trustees of this, my last Will and Testament,hereby revoking all former Wills by me made. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my seal this 20th day of April in the year one thousand nine hundred (1900). JAMES ROOSEVELT. [L. S.] Witnesses: JOHN HACKETT. Jos. A. DAUGHTON. The foregoing instrument was, on the day of the date thereof, signed, sealed, published and declared by James Roosevelt, the above named testator, as and for his last Will and Testament, in our presence, and we then and there at his request, in his presence, and in the presence of each other have hereunto subscribed our names as witnesses. JOHN HACKETT, residing at Poughkeepsie, N. Y. Jos. A. DAUGHTON, residing at Poughkeepsie, N. Y. I, James Roosevelt, of the Town of Hyde Park, in the County of Dutchess and State of New York, being of sound mind and memory, do make, ordain, publish, acknowledge and declare this to be a Codicil to my last Will and Testament, bearing date April 20th, 1900, as follows, viz: WHEREAS, By my last Will and Testament, dated April 20th,1900, I have given, bequeathed and devised unto my wife for and during her life, the use and enjoyment of all of that farm of land situate in the Town of Hyde Park, and generally known as the "Bracken Place," excepting that part which my Will states to have been theretofore sold by me to Thomas E. Parker; and WHEREAS, The said sale to said Parker of said part of said Bracken Place was, in fact, no sale but simply a verbal agreement to sell to said Parker the north part of said "Bracken Place," and there never has been any transfer, deed or conveyance of any kind from me to said Parker of any part of the said "Bracken Place"; and WHEREAS, The said Thomas E. Parker has recently concluded not to purchase any part of said "Bracken Place"; and WHEREAS, The said Thomas E. Parker and I have heretofore settled and adjusted all matters involved in, relating to or affected by said agreement to sell to him said part of said "Bracken Place," and we have, for good and valuable considerations, paid by each to the other, cancelled and annulled said agreement for the sale to said Parker of said part of said "Bracken Place"; Now, THEREFORE, I, being the exclusive owner of the whole of said "Bracken Place" and the said Parker having no right, title or interest of any kind, either in law or in equity therein, do hereby give,bequeath and devise unto my wife, for and during her life, the (MORE) |