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42654- -KLOPP 6 BANTLETT CO.. PRINTING. LITHOGRAPHI.VG,STATIONKRY: OW-Via <br />income or interest of this fund, to have due regard to the relative population of Watkins and <br />Corning, and assign and distribute it accordingly. And in case of disagreement as to said <br />distribution the same shall be referred for final determination to my oldest surviving son if <br />of the age of twenty -one years, if not to the Surrogate of Schuyler County. <br />Fifth:- All debts of Charles Magee and Harry Magee to rrse shall be released without payment. <br />Sixth. - As to any and all securities and moneys which I may have or be entitled to at the <br />time of my decease outside of and excepting income and principal from my father's estate, said <br />trustees shall dispose of, invest and reinvest them and the avails thereof at such times within: <br />the period of their trust as they shall deem best and shall pay the income to or for the use of <br />my wife and children equally in the manner provided in the succeQding section, seventh. <br />Seventh.- Until the termination of "Trust number One ", under my father's will, all the <br />residue of my estate and all the property devised and bequeathed herein in trust to said trustees <br />except as herein otherwise disposed of, shall be held and managed in trust by said Trustees and <br />their successor., and the income thereof subject to the foregoing; provisions shall in each year <br />be divided by them equally share and share alike among and paid to my wife and to or for my <br />children as follows, to grit: The share of my wife shall be paid to her absolutely; the remaining <br />shares Shall be applied to the use of my children respectively for their maintenance, comfort, <br />and advantage in the discretion of said trustees acting with mother, and I specially enjoin <br />and direct that the trustees shall pay to the mother a just and proper allowance from each child's <br />share for his or her Maintenance, schooling; and care. As to any one or more of mylchildren under <br />the age of twenty -one years, any surplus of the income going to him or her not required for his <br />or her use shall be paid to their guardians who shall invest it for them in good bonus and <br />mortgages or state and national bonds and in no other securities. <br />In case of the death of my wife before the termination of this trust the shares of income <br />which she would have received if living shall go to my children equally. In case of the death <br />of any of my children before the termination of this trust, leaving a child or children, such <br />descendants to take the share which would have gone to the parent if living, but leaving no such <br />descendants then my remaining children and my wife to take such share equally. In case of the <br />death of all my children leaving no child, children or descendants and of the death also of <br />my wife prior to the termination of this trust, then the whole income shall go one -half to�the <br />children and descendants of my brother Duncan S. Magee and one-half to the children and descend -I <br />ants of my sister Hebe P. Ellsworth. <br />Eighth.- Upon the termination of "Trust dumber One ", under my father's will, the prin- <br />cipal and residue of my estate after the fulfillment of the foregoing provisions of my will <br />shall be divided between and among my wife and my heirs and next-of kin according to the laws <br />of the State of New York now in force. <br />Ninth.- Nevertheless as to any and all income and distributive shares of property going as <br />aforesaid to my dauhter Anna and her descendants, if any, the provisions of this will are and <br />shall be subject to the terms of the marriage agreement between her and her husband Daniel <br />Adolph ,Boissevain, Dated December 11, 1889, a copy of which is intended to be kept herewith. <br />Tenth.- There shall continue to be at least three trustees of my estate until the divi- <br />sion of the principal and residue thereof as herein_ provided. In case of a vacancy the sur- <br />viving trustees shall fill it by appointment if they can agree. If they cannot agree or if <br />there shall be but one surviving trustee, then the appointment shall be made by the trustee's <br />of my father's estate if they can or will so act, if not, then by the Surrogate of Schuyler <br />County. In the filling of vacancies it is my wish and will that preference shall be given to <br />my son George J. J:Iaee,J� in the first instance when he shall attain the age of twenty -two <br />years, and next to Duncan S. Ellsworth and John 3I41agee Ellsworth, attaining the age of twenty -two <br />