Will & related documents:
Certified copy from Orphans' Court of Union County, New Jersey. Filed April 6, 1915 and recorded in Administration Record 3, pages 222 to 245, in the office of the County Judge of Palm Beach County, Florida.
Last Will and Testament Dated September 28, 1908
"I, Katherine (sic) S. Dunscombe of the City of Summit, in the County of Union and State of New Jersey do make, and declare this to be my last Will and Testament, hereby, hereby revoking any and all former Wills by me made.
First: I direct that all my just debts and funeral expenses be paid as soon as possible after my decease.
Second: I give and bequeath to my executors and Trustees hereinafter named and the survivor of them, the sum of Twenty Thousand Dollars, in trust nevertheless, to invest and keep the same invested in such securities as are authorized by the laws of the State of New Jersey for the investment of trust funds, and to apply the income thereof to the support and education of my son, Godefroi Dunscombe until the first day of January, Nineteen hundred and twenty-three, upon which date one-half of the said fund, that is to say, the sum of Ten Thousand Dollars, shall be paid to him by my executors or the survivor of them, and of the remaining Ten Thousand Dollars, Five Thousand Dollars thereof shall be paid to my eldest son, Cecil Dunscombe, if living, and the remaining Five Thousand Dollars shall be equally divided between my two children, Margaret Dunscombe and Carroll Dunscombe.
Third: All the rest and residue of my property, both real and personal wheresoever situate, I give, devise and bequeath to my two children, Margaret and Carroll Dunscombe, subject however to the right of courtesy of my husband John G. Dunscombe.
Fourth: In the event of the death of any of my said children, his or her share shall go to his or her surviving brothers and sisters in equal shares.
Fifth: I hereby nominate my said husband, John G. Dunscombe and Corra N. Williams and Margaret Dunscombe, executors and trustees of this my last will and testament.
"In Witness Whereof, I have hereunto set my hand and seal this Twenty-eighth day of September, One Thousand Hine Hundred and Eight."
Signed: Katherine (sic) S. Dunscombe (Seal)
Signed, sealed, published and declared by the said Katherine (sic) S. Dunscombe as and for her last Will and Testament in the presence of us, who at her request and in her presence and in the presence of each other, have hereunto subscribed our names as witnesses.
(Margaret Dunscombe included as an Executor and Trustee in Fifth Paragraph before execution)
J. Franklin Haas, Summit, New Jersey.
Albert Leach, Summit, New Jersey.
Application for probate of will. Sworn to and subscribed December 21, 1910 before Geo. T. Parrot, Surrogate, Union County New Jersey.
The application of John G. Dunscombe and Corra N. Williams, two of the executors in this last will and testament of Katherine (sic) S. Dunscombe, deceased, shows that the deceased died October 18, 1910 and that the husband and the next of kin and heirs at law of the said deceased, together with their respective residence or Post Office address, so far as the same are known to the applicants are as follows:
John G. Dunscombe, her husband of Summit, N.J.
Cecil Dunscombe, a son of New York City.
Margaret Dunscombe, a daughter of Stewart, (sic) Florida.
Carroll Dunscombe, a son of Stewart, (sic) Florida.
Godefroi Dunscombe, a son of Summit, N.J.
Margaret Dunscombe, named as executrix does not now desire to qualify, being a non-resident.
Signed: John G. Dunscombe
Corra N. Williams
Proof of witnesses to will. Sworn to December 21, 1910
before Geo. T. Parrot, Surrogate of
Union County, N.J.
Albert Leach, on of the witnesses to said Will being duly sworn says that he saw the said testatrix sign and seal the annexed writing and heard her publish, pronounce and declare the same as and for her last will and testament; that at the time of the doing thereof, the said testatrix was upwards of the age of 21 years and of sound disposing mind, memory and understanding, so far as this deponent knows and as he verily believes. That J. Franklin Haas, the other subscribing witness thereto was present at the same time with this deponent and that he and this deponent subscribed their names thereunto as witnesses in the presence of the testatrix and of each other at the request of the said testatrix.
Proof of witness to will Sworn to December 21, 1910 before
Geo. T. Parrot, Surrogate of Union
J. Franklin Haas, one of the witnesses to said will being sworn says that he saw the said testatrix sign and seal the annexed writing and heard her publish, pronounce and declare the same as and for her last will and testament; that at the time of the doing thereof the said testatrix was upwards of the age of 21 years and of sound disposing mind, memory and understanding so far as this deponent knows and as he verily believes. That Albert Leach, the other subscribing witness thereto was present at the same time with this deponent and that he and this deponent subscribed their names thereunto as witnesses in the presence of the testatrix and of each other at the request of the said testatrix.
Oath of Executors. Sworn to and subscribed December 21
and December 23, 1910 before Geo. T.
Parrot, Surrogate Union County, N.J.
Oath of John G. Dunscombe and Corra N. Williams, two of the executors in said Will named; that they will well and truly perform the duties of executors according to law, etc.
BOND Dated November 23, 1911
Filed August 15, 1914
Carroll Dunscombe Recorded in Deed Book
60, page 297, Palm Beach
to County Records. Amount $2276.68.
John G. Dunscombe and
Corra N. Williams,
Executors under the
last Will and Testament
of Katharine S. Dunscombe,
Recites that Carroll Dunscombe is held and firmly bound unto John G. Dunscombe and Corra N. Williams, executors under the last Will and Testament of Katharine S. Dunscombe, deceased in a sum of $2276.68; the condition of the obligation being that the above named Katharine S. Dunscombe did, by her last Will give and bequeath unto the said Carroll Dunscombe and Margaret S. Dunscombe an equal share in the residue of her estate and the above named John G. Dunscombe, and Corra N. Williams, as executors aforesaid of said Will, have paid said share in said residuary estate to-wit : the sum of $1138.34, and in consideration whereof the said John G. Dunscombe and Corra N. Williams and their heirs, executors and administrators are hereby fully and absolutely acquitted, released and discharged.
This condition further being that if the said sum of $1138.34 or any part therof shall at any time hereafter appear to be wanting to discharge any debt or debts, legacy or legacies which the said John G. Dunscombe and Corra N. Williams, executors as aforesaid , shall not have other assets to pay, the said Carroll Dunscombe shall well and truly return said sum or such part thereof as may be necessary for the payment of the said debt or debts or for the payment of a proportionable part of the said legacy or legacies, then the above obligation to be void else to remain in full force and virtue.
Signed: Carroll Dunscombe (Seal)
Signed, sealed and delivered in the presence of two witnesses.
Acknowledged by Carroll Dunscombe, unmarried on November 28, 1911 before a Notary Public, Palm Beach County, Florida. (L.S.) Certificate of Magistracy attached.
Acknowledgment recites that Carroll Dunscombe personally appeared before said officer and acknowledged that he signed, sealed and delivered the said bond as his voluntary act and deed for the uses and purposes therein expressed.
Certified as true copy of the original by the Surrogates and Clerk of the Surrogate Court of Union County, New Jersey under his official seal.
Agreement for Deed. Dated November 21, 1916
Filed December 15, 1916
Carroll Dunscombe and Recorded in Deed Book
Janet Dunscombe, his wife, 88, page 69, Palm Beach
To Consideration $1500.00.
The Board of Trustees of
Special Tax School District
No. 2 of Palm Beach County,
State of Florida.
Recites that if the party of the second part shall first make the payments and perform the covenants hereinafter mentioned on its part to be made and performed, the party of the first part covenant and agree to convey and assure to the said party of the second part, in fee simple, clear of all incumbrances (sic) whatever, by a good and sufficient deed, the lot, piece or parcel of ground situate in the County of Palm Beach, State of Florida, known and described as follows, to-wit:
The W 1/2 of NW 1/4 of SE 1/4 of Section 4, Township 38, Range 41 East, containing 5 acres of land more or less and being 165 feet wide; and the said party of the second part hereby covenants and agrees to pay to said party of the first part the sum of $1500.00 in the manner following: $25.00 at the time of the execution of this agreement and the balance of the purchase price to be paid on or before 2 years from date hereof, with interest at the rate of 8% per annum, payable annually from February 1, 1916 on the whole sum remaining from time to time unpaid; and to pay all taxes, assessments, or impositions that may be legally levied or imposed upon said land subsequent to the year 1916, etc.
Provides that if the party of the second part fails to make the payments and perform the covenants above set out, such failure shall, at the option of the party of the first part, terminate this contract and the party of the second part shall forfeit all payments made, etc.
It is mutually agreed, by and between the parties hereto that the time of payment shall be an essential part of this contract and that all covenants and agreements herein contained shall extend to and be obligatory upon the heirs, executors, administrators and assigns of the respective parties.
"In Witness Whereof, the parties to these presents have hereunto set their hands and seals the day and year first above written."
Signed: Carroll Dunscombe (Seal)
Janet Dunscombe (Seal)
Board of Trustees of
Special Tax School
District No. 2 (Seal)
Curd Schroeder, Sect. (Seal)
F. B. Eurit (Seal)
Signed, sealed and delivered in the presence of two witnesses.
Acknowledged November 25, 1916 before a Notary Public, Palm Beach County, Florida. (N.P. Seal)