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The Wills of Helen
Aletta And John Charles Linthicum About the Wills The Linthicum wills provide significant illumination for the cultural clockwork in which they lived their lives. Wills of this generation are often detailed. Helen's will for example provides sufficient information to enable a reconstruction of her famous townhouse. Details of clothing and jewelry allow one to visualize the individual. Family priorities are reflected by the bequests outlined. Charles did not favor two of his relatives but included two employees. Helen at the last minute reveals her changing favorites in the codicils at the end of her will. In regard to the community surrounding them the Linthicums reveal their civic values favoring certain city institutions. Real estate bequests demonstrate how Charles in particular transferred his real estate property laterally rather than to his wife therefore favoring the maintenance of wealth in the Linthicum family. Local history is also present. Charles notes that a portion of the property disposed of by the will was known as "North Linthicum" well before its development into the residential suburb that exists today. The wills reflect the intentions and orientation of this the Gilded Age. It was a period built from the careful management of wealth and property with the end result in a spirit of philanthropy and patriotism which has never been matched. For the Will of John Charles Click here For the Will of Helen click here To return to the main page click here
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Last Will and Testament of Helen A. Linthicum No. 8 Case No. 619 File No. 37928 Baltimore City Will J,.H.B. 213-1 Anne Arundel R.G.P. 53-542
I, Helen Aletta Linthicum, widow of John Charles Linthicum, of the City of Baltimore, State of Maryland, being of sound and disposing mind, memory, and understanding and capable of executing a valid deed or contract, do make, publish and declare this to be my Last Will and Testament.
1. I direct that all of my just debts be paid from my estate as soon as can conveniently be done; I further direct that all funeral and burial expenses be paid from my estate irrespective of any statutory limitations or restrictions. I further direct that all estate, inheritance and succession taxes lawfully assessed by the United States, or any State, territory or political division therein, on my estate and on all bequests, devises and distributions hereunder, shall be paid from my estate, so that all bequests, devises and distributions hereunder shall be made in full to the persons herein named, free of all taxes.
2. I give to the Metropolitan Museum of Art, in New York City, the miniature set in diamonds of my mother, Harriet Sadler Perry, wife of my father Dr. John Leland Perry, for many years a resident of Saratoga Springs, New York, to be kept and exhibited among its collection of miniatures.
3. I direct my executors to sell, either at public or private sale, at such time or times as they, in their sole judgment and discretion, may deem best, and for such amount or amounts as they, in their sole judgment and discretion, may deem proper, all of the following pieces of jewelry that I may own at the time of my death, viz.: 2 Diamond Solitaire Ring Set in White Gold containing about 4.25 carats 1 Diamond Solitaire Ring Set in White Gold containing about 1.70 carats 1 Diamond Solitaire Ring Set in White Gold containing about 1.40 carats 1 Three Stone Diamond Ring Set in Gold said stones being about .90 -1.02-.75 carats respectively. 1 Pair Diamond Earrings containing about 2.88 and 2.75 carats respectively 1 Gold Knot Bracelet with two Diamonds each of said Diamonds being about 1.25 carats 1 Diamond Bracelet Set in Platinum consisting of 44 stones containing about 3.75 carats 1 Diamond Bracelet Set in Platinum consisting of 35 stones containing about 5.00 carats 1 Diamond Bar Pin Set in Platinum consisting of 21 stones and containing 3.75 carats. 2 Small Diamond Bar Pins each consisting of 7 stones and altogether containing 1.50 carats. I Diamond Platinum Circle Brooch consisting of 17 stones and containing about 4.25 carats. 1 Sapphire Bracelet (Australian) consisting of 40 stones 1 Diamond Platinum Horseshoe Pin (gold back) consisting of 41 stones and containing 3.50 carats. 1 Diamond Platinum Fancy Brooch with stone in center containing about .90 carats, 6 Baggetts and in addition 58 small stones. 1 Gold Back Comb with three diamonds containing about 1.00 carats 1 Pair Diamond Earrings, containing 4 round stones and two navettes 1 Pair of Diamond Earrings set in Gold containing 1.2 and .87 carets respectively
1. Antique Diamond (old mine) Fancy Sapphire containing 1.00 carats 1 Diamond Cluster Ring set in Platinum with Center stone containing about 1.50 carats and 10 small Diamonds containing about 2.00 carats 1 Fancy Diamond three stone Paved Over, Platinum Ring with the Center stone containing about 1.25 carats, 2 small stones on side, each containing about .25 carats and 32 additional small stones in the setting. 1 Ruby and Diamond (old mine) Pass Ring with 6 small diamonds in Shank, the single stone containing about 2.00 carats 1 3 stone Hook Ring set in Gold with 2 diamonds each containing about 1.20 carats and an Emerald containing about 1.75 carats. 1 Paved Princess Ring consisting of 44 diamonds containing about 5.00 carats 1 Gold Harvest Moon and Star Pin consisting of 30 diamonds (old mine) and containing about 4.00 carats 1 Fancy Gold Scroll Pin, Crescent Center consisting of 9 Diamonds and containing about 1.25 carats. 1 Fancy Gold Diamond Pin consisting of 13 diamonds (old mine) and containing about 4.50 carats. 1 Pair Diamond Earrings with 8 diamonds in cluster and 2 diamonds in drop each containing 3.50 carats. 1 Three stone Sapphire and Diamond Gypsy Ring with 2 Diamonds containing about 1.25 carats. 1 Pair Moon Stone Drop Earrings containing 12 diamonds in Top Cluster, 13 Diamonds in lower Cluster and 3 Diamonds between said Clusters containing about 5.25 carats. 1 Moon stone Necklace containing 14 diamonds in Cluster and 4 diamonds in drop containing about 2.30 carats. 1 Diamond Necklace consisting of 162 Diamonds with three large Diamonds, two of them being about 2 carats each and the third, 3 carats;
and the net proceeds derived from the sale or sales of the aforementioned articles, I give and bequest to the Boys' School of St. Paul's Parish, now located at 2101 W. Rogers avenue, Baltimore, Maryland, for the purpose of building or aiding in the building of a chapel or altering a suitable building already erected at said school into a chapel and/or appropriately furnishing it; the time of construction thereof, the type of architecture of said chapel and all other details in connection therewith to be determined solely by the Board of Trustees or other governing body of said school. In the event the amount of this bequest is insufficient to accomplish the purposes herein provided and the additional amount required is not available either from funds belong to said school or through other contributions obtained or otherwise, I suggest that the funds constituting this bequest be invested and reinvested from time to time, in ground rents, mortgages, stocks, bonds or other such forms of investments as the Board of Trustees of said school may deem best to conserve the principal and give opportunity for enhancement in the value thereof, to such extent as may be deemed not inconsistent with safety to the principal so that it may produce a steady income as large as may be consistent with the conservation of and safety to the principal; and in the discretion of said Board of Trustees to accommodate, and if they think best, to invest the accumulated income as such, or to add it to the corpus, from time to time, until such time as the said Board of Trustees, as then constituted, shall determine that sufficient property and funds are in hand, whether corpus or accumulated income, or both, to warrant them in carrying out my wishes with respect to said chapel. In the event the funds received by the Board of Trustees of said school hereunder exceed the amount needed to carry out the object hereof, such excess funds shall be used by the said Board of Trustees of the Boy's School of St. Paul's Parish, for such purposes as said Board of Trustees shall deem for the best interests of said school, but it is my suggestion that such excess funds, if any, be invested or reinvested and the income therefrom used for the purpose of the maintenance and preservation of said chapel. I am convinced of the value and necessity of religious services and education in the lives of all persons and especially desire to assist those in charge of the said St. Paul's School for Boys in providing this opportunity for its students; and to that end I am making the provisions herein set forth. I have spent a great deal of my time and material resources in work of this character and I would, therefore, appreciate the perpetuation of my memory by having my name associated with the name of the chapel, or by some appropriate inscription placed therein.
4. I give and bequeath all of my personal letters and other correspondence to Warren P. Culbertson, with the request that he destroy such part or all thereof as he may deem proper. 5. I give and bequeath all of my household linens, the two samplers in my bedroom, one entitled "By the Weeping Willow Trees" and the other a natural scenery, the one now hanging over my wardrobe and the other over my bed, all of my silver and silverware, all of my jewelry not herein otherwise specifically bequeathed, and my complete set of blue Savre china now in my china closet, to my grandniece, Helen Perry Linthicum, if she survives me. It is my request that the aforementioned jewelry be not disposed of during the lifetime of my said grandniece.
I give and bequeath one pair of large pearl studs to my friend, Dr. Alfred I. Sze, former ambassador to the United States from China, now residing at 2400 16th St., N.W., Washington, D.C., if he survives me. These studs are now in my safe deposit box at the Fidelity Trust Company (Baltimore, Maryland).,
7. I give and bequeath my jade necklace, now in my safe deposit box at The Fidelity Trust Company (Baltimore, Maryland) to Madame Sze, wife of the aforementioned Dr. Alfred I. Sze, if she survives me.
8. I give and bequeath to my godchild, Mrs. Charlotte Matthaie, formerly residing at West Point, New York, my moonstone ring with a circle of diamonds (which she is now wearing): my set of Japanese silver which is now in the vaults of the Fidelity Trust Company (Baltimore, Maryland) and the picture, "Loves Idol" by DuBede, in my parlor, if she survives me.
9. I give and bequeath to Mrs. Trueman Campbell, now residing at 26008 West Seventeenth Street, Wilmington, Delaware, my buffet, which she is now keeping for me, if she survives me.
10. I give and bequeath to Mrs. Warren P. Culbertson, the two lamps with prisms which she is now keeping for me, if she survives me.
11. I give and bequest to Edmund M. Dillon, now residing on Camp Meade Road, Anne Arundel County, Maryland, if he survives me, the following: The pier mirror in the middle room on the second floor of my home which belonged to my mother; the bed covered with green baize which belonged to my grandmother Sadler; also in the said middle room on the second floor of my home; the picture of my mother hanging over the mantel in my bedroom; and the picture of my aunt, Louise Young, hanging over my late husband's dressing table, also in my room; the picture of my father which now hangs on the right hand side of the folding doors in my library; and the picture of my father's mother which now hangs in the middle room over the mantel.
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I give and bequeath to Robert Phillips, formerly with the State Department, Washington, District of Columbia, the black table which he is now keeping for me, and the high Repousse silver pitcher4, on which many emblems are engraved, and which is now on the buffet in my dining room, and the Japanese screen now standing between my parlor and dining room, if he survived me.
13. I give and bequeath to Keith Merrill, formerly with the State Department, Washington District of Columbia, the two oval-shaped oil paintings on stone now hanging in my parlor; the round natural marble table with three legs, also in my parlor; and the bronze of the Hawaiian Dancer and table on which it stands, if he survives me.
14. I give and bequest the "Baptistry" now in my parlor and which I purchased at Pisa, to Mrs. Sallie Williams, wife of the Reverend Doctor Barney Z.T. Phillips, late of Washington, District of Columbia, if she survives me.
15. I give and bequeath to Bishop Noble C. Powell, (Baltimore, Maryland) my statue of "Venus de Milo", and my tall brass clock on the mantle in the library, if he survives me.
I give and bequeath to The Baltimore Museum of Art, the Napoleonic chair in my parlor and my picture, "The Mexican News", now hanging in my library.
17. I give and bequeath to Helen Honnen, wife of Major Honnen, now or formerly stationed at West Point, New York, my wine set and my complete set of service china which I purchased at Sumari's, in China, if she survives me.
18. I give and bequeath to Bertha Peyton, wife of Colonel Ephriam Peyton, now retired, residing at Atlanta, Georgia, my mahogany tray and table in the middle room on the second floor of my home, if she survives me.
19. I give and bequeath to Mrs. Francis Von K. Wade, Wadehurst ,Minot, Maine, my marble statue and pedestal "The Fancy Girl", now in the middle room on the second floor of my home if she survives me.
20. I give and bequeath to the Walters Art Gallery, my pictures "The Little Friends" and "Chickens", both by Tate.
21. I give and bequeath to the State Teachers College, formerly the State Normal School at Towson, Maryland, in which my late husband John Charles Linthicum, was deeply interested the oil painting of my said late husband which is now hanging in my drawing room.
22. I give and bequeath all of my books to Enoch Pratt Free Library.
23. I give and bequeath the two Italian vases on the mantelpiece in my drawing room to my friend, Mrs. Nannie G. Perry, now residing at Tazwell, Virginia, if she survives me.
24. I give and bequeath to my friend, Mrs. Sallie Phillips, widow of the Rev. Dr. Barney Z. T. Phillips, late of Washington, District of Columbia, such of my furs, including my sealskin coat, but excepting my opera coat, as she may desire, if she survives me; but if the said Mrs. Sallie Phillips does not survive me, I give and bequeath to my friend, Mrs. Nannie G. Perry, now residing in Tazwell, Virginia such of my said furs, including my sealskin coat, but excluding my opera coat as she may desire, if she survives me. I give and bequeath my opera coat and all of my remaining clothing, including such of my furs referred to in the immediately preceding paragraph that may not pass to the legatees mentioned therein respectively under the terms of said bequest, to my grandniece, Helen Perry Linthicum, if she survives me.
I give and bequeath all of my pictures, etchings, rugs, statuary and all other household furniture and furnishings, and all other tangible, personal property and effects not herein otherwise specifically bequeathed, including any automobile or automobiles that I may own to Warren P. Culbertson, now residing at 3320 Mondawmin Avenue, Baltimore, Maryland, if he survives me, absolutely. It is my request, however, that the said Warren P. Culbertson, either during his lifetime or by his Last Will and Testament, give my two china vases trimmed in blue, gold and old rose, with the picture of a boy and girl painted on the face of each, and now on the mantel in my drawing room, and my brass whatnot which is also now in my drawing room, to the Baltimore Museum of Art.
26. I give and bequeath the sum of One Thousand Five Hundred Dollars ($1,500) to the Druid Ridge Cemetery Company, Pikesville, Maryland, in trust, to invest and reinvest the same and use the income therefrom, for the placing of flowers or wreaths as may be appropriate, on the graves of my late husband, John Charles Linthicum, and myself in the said Druid Ridge Cemetery on Memorial or Decoration Day, Easter, Christmas, and birthdays of my said husband and myself. The said Druid Ridge Cemetery Company shall have the power to include the said principal sum of One Thousand Five Hundred Dollars ($1500) in a common fund with other similar trust funds, to invest and reinvest the said fund in such securities as it may, from time to time, determine to be safe and best suited for the purpose of said fund; and the said Druid Ridge Cemetery Company shall have the like power, in its discretion, to transfer the corpus of the trust property to a trust company or other competent corporate Trustee upon the same trusts as are herein recited; provided, however, that the net income or proportionate amount of income accruing to the trust hereby created, as the case may be, shall, after paying the necessary expenses of the administration of the trust, be paid over to the Druid Ridge Cemetery Company for the aforementioned purposes; and provided further, that in no case shall the said Druid Ridge Cemetery Company be obliged to make any expenditures for the purposes herein set forth in excess of the income which may be received by it as aforesaid.
27. I give and bequeath the sum of Five Hundred Dollars ($500.) to the County Treasurer of Saratoga County, Saratoga Springs, New York, as Trustee, to invest and reinvest the same and use the income there from for the perpetual maintenance and preservation of the monuments on and fences, etc., around my mother's lot in Greenridge Cemetery, Saratoga Springs New York, known as the Sadler lot and designated as No. 70 in the section of the Cemetery. Should the income therefrom exceed the amount necessary for these purposes, the Trustee shall use any excess for the purpose of placing flowers or wreaths, whichever may be appropriate, on the graves in the said lot on Memorial or Decoration Day, Easter and Christmas. The said County Treasurer of Saratoga County shall have the power to include the said principal sum of Five Hundred Dollars ($500) in a common fund with other similar trust funds, to invest and reinvest the said fund in such securities as he may, from time to time, determine to be safe and best suited for the purpose of said fund; and the said County Treasurer of Saratoga County shall have the like power, in his discretion, to transfer the corpus of the trust property to a trust company or other competent corporate Trustee upon the same trusts as are herein recited provided, however, that the net income or proportionate amount accruing to the trust hereby created, as the case may be, shall after paying the necessary expenses of the administration of the trust, be paid over to the County Treasurer of Saratoga County and shall be expended by the said County Treasurer of Saratoga County for the aforementioned purposes, and provided, further, that in no case shall the said County Treasurer of Saratoga County be obliged to make any expenditures for the purposes herein set forth in excess of the income which may be received by him as aforesaid.
It is my request that John Mahar, 75 Lincoln Avenue, Saratoga Springs, New York, who ha for many years done all work necessary for the maintenance and preservation of said cemetery lot, be employed, from time to time, to perform the work incident to the maintenance and preservation of said cemetery lot in accordance with the terms hereof.
28. I give and bequeath to my friend and Pastor, the Reverend Doctor Arthur B. Kinsolving, D.D., the sum of Three Thousand Dollars ($3,000) if he survives me.
29. I give and bequeath to my servant, Harriet Brown, the sum of Three Hundred Dollars ($300) if she survives me.
30. I give and bequeath the sum of One Thousand Dollars ($1,000) to my butler, Tollie Fax, if he survives me.
31. I give and bequeath the sum of One Thousand Dollars ($1,000) to my chauffeur, Garnie Newsome, if he survives me.
32. I give and bequeath the sum of Three Hundred Dollars ($300) to Florence Wood, who is now in my employ and who resides at Ferndale, Maryland, if she survives me.
33. I give and bequeath the sum of Five Thousand Dollars ($5,000) to the Vestry of Saint Paul's Church, in Baltimore County, a body corporate, under the Vestry Act of Maryland, of which the Rev. Harry Lee Doll is now Pastor.
34. I give and bequeath to the Vestry of Emmanuel Church, at Read and Cathedral Streets, Baltimore, Maryland, the sum of Five Hundred Dollars ($500), which I request but do not require shall be used for the benefit of the poor of the parish.
35. I give and bequeath to the Children's Hospital School, Incorporated, an institution created under the laws of Maryland, and located on Greenspring Avenue and Forty-firs Street, in the city of Baltimore, State of Maryland, the sum of Two Thousand Five Hundred Dollars ($2,500) for its general corporate purposes.
36. I give and bequeath to the James Lawrence Kernan Hospital and Industrial School of Maryland for Crippled Children, now located at West Forest Park Avenue and Windsor Mill Road, Baltimore, Maryland, the sum of Two Thousand Five Hundred Dollars ($2,500) to be used in the dental department of that institution.
37. I give and bequeath to the Baltimore Chapter which is the parent chapter of the Daughters of the American Revolution, if the same is incorporated, or if not, then to the members of said Chapter jointly, to be used for the historical and patriotic purposes of said organization, the sum of Two Thousand Dollars ($2,000). The receipt of the treasurer of the said Baltimore Chapter of the Daughters of the American Revolution shall be a full and sufficient release and discharge to my Executors for the payment of this legacy or bequest.
38. I give and bequeath the sum of One Hundred Fifty Dollars ($150) to the Grand Lodge of Ancient Free and Accepted Masons of Maryland, a body corporate, for the Masonic Home known as "Bonnie Blink", in memory of my late husband, John Charles Linthicum and request that it be applied to the furnishing of a room at Bonnie Blink.
39. I give and bequeath to my grandnephew, Edmund M. Dillon, now residing on Camp Meade Road, Anne Arundel County, Maryland, the sum of Two Thousand Dollars ($2,000) if he survives me.
40. I give and bequeath the sum of Five Hundred Dollars ($500) to William M. Dillon, brother of Edmund M. Dillon now residing in New York City, if he survives me.
41. I give, devise and bequeath the following described properties, which I now own in fee simple, to Warren Pl. Culbertson, now residing at 3320 Mondawmin Avenue, Baltimore, Maryland if he survives me, absolutely, namely:
(a) The entire lot of ground and both houses erected thereon, including also any other improvements thereof, located in Linthicum Heights, Fifth Election District of Anne Arundel County, Maryland, at the southwest corner of Maple Road and a road now known as Camp Meade Road (referred to in the deed conveying said property to meas Annapolis Road), said lot fronting on Maple Road two hundred feet, more or less, the two houses thereon now being occupied by Frank G. Mulderick and Paul M. Kuehn, which said property I acquired on or about November 30, 1914, by deed from William M. Dillon recorded among the Land Records of Anne Arundel County, in Liber G. W., No. 114, Folio 46.
(b) the entire tract of land owned by me in fee simple as aforesaid, together with all improvements thereon, located at Linthicum Heights, Fifth Election District of Anne Arundel County, Maryland, and for many years past known as "Twin Oaks." This property was acquired by virtue of a deed dated November 19,1903, from Sweetzer Linthicum to my late husband, John Charles Linthicum and me, my said husband having heretofore departed this life, which said deed is recorded among the Land Records of Anne Arundel County, in Liber G.W., No. 35, Folio 116, and originally contained one hundred thirty and one-half (130 1/2 ) acres, more or less; several acres, however, having been sold and conveyed during my lifetime; it being my intention herein to give and devise all of said tract of land; together with the improvements thereon as aforesaid, which I still own, to the said Warren P. Culbertson, if living, absolutely. The annual ground rent of Two Hundred Forty Dollars ($240) originally issuing out of said property and referred to in the aforementioned deed was on or about August 8, 1932, redeemed by me so that I now own the said property in fee simple, as aforesaid.
42. I give, devise and bequest the sum of Thirty Thousand Dollars ($30,000) to the Fidelity Trust Company (Baltimore, Maryland) and its successors, Warren F. Culbertson and Joseph L. Carter, and the survivors or survivor of them, as Trustees, in trust, for the uses and purposes, with the uses and purposes, with the same powers hereinafter granted the Trustees of my residuary estate, and subject to the limitations, provisions and conditions hereinafter set forth. (a) After the payment of all proper and necessary expenses incident to the management of the trust estate, including compensation to the Trustees as hereinafter set forth, the Trustees shall hold; administer and distribute the property as follows: (b) The said sum of Thirty Thousand Dollars ($30,000) shall be invested and reinvested, from time to time, and the entire net income there from shall be paid , accounting from the time of my death, in quarter annual installments, as nearly equal as may be practicable, or at such other intervals as may from time to time, be agreed upon between the Trustees and the beneficiary, to Warren P. Culbertson, now residing at 3320 Mondawmin Avenue, Baltimore Maryland, for the period of his lifetime accounting from the date of my death, or used for his benefit.
I direct that such of the following annual ground rents as I may own at the time of my death shall be distributed to the Trustees hereunder as part of this trust estate, that is to say, the annual ground rents issuing out of those lots of ground located in the City of Baltimore, Maryland, the improvements on which are now known as No. 757 McKewin Avenue (the annual rent issuing out of said lot being $75); 759 McKewin Avenue (the annual rent issuing thereout being $72.); 701 Melville Avenue (the annual rent issuing thereout being $66.8); 715,717,719,723,727,731, and 737 Melville Avenue (the annual rent issuing thereout being $66 each); 748 Melville Avenue (the annual rent issuing thereout being $68) 2911 Brighton Street (the annual rent issuing thereout being $84); 3309,3315,3318 and 3321 Mondawmin Avenue (the annual rent issuing out of each being $96); and 527 N. Bouldin Street (the annual rent issuing thereout being $60).
I further direct that any other ground rents that I may own at the time of my death shall be distributed to and become a part of the trust created hereunder to the extent necessary to make up the total value of Thirty Thousand Dollars ($30,000) and should the total appraised values of all the said ground rents mentioned in this and the preceding paragraph be less than the sum of Thirty Thousand Dollars ($30,000), I direct that any difference between the total appraised value of all said ground rents and the sum of Thirty Thousand Dollars ($30,000) be distributed to this trust estate in cash. The value of said ground rents shall be determined by the values of the inventory thereof filed in the Orphans' Court of Baltimore city.
Upon the death of the said Warren P. Culbertson, this trust shall cease and the property then constituting this trust estate shall be distributed, free of trust, to my godchild, (Mrs.)Charlotte Aletta Matthaie, wife of Norman Matthaie, formerly residing at West Point, New York, and the daughter of Bertha Peyton of Atlanta, Georgia, if she is then living; but if the said Charlotte Aletta Matthaie is not then living, the said property then constituting this trust estate shall be distributed, free of trust as aforesaid, to her descendants then living, in equal shares, perstirpes; and should there be no descendants of the said Charlotte Aletta Matthaie then living, said property then constituting this trust estate shall be added to and become part of my residuary estate and shall be held, administered and distributed as is hereinafter set forth.
43. I give, devise and bequeath to the Fidelity Trust Company (Baltimore, Maryland) and (???) Warren P. Culbertson and Joseph L. Carter, and the survivors or survivor of them, as Trustees, my building located on Broadway, in Saratoga Springs, New York, now known as the Perry Building,(Editor's Note: This building still standing 2008, 373-381 Broadway, Historical Photographs present in the collection of The Saratoga Springs Historical Society) together with the ground on which it stands, and/or its appurtenances or such other property as they may hold from time to time hereunder as the result of the sale thereof and the reinvestment of the proceeds derived therefore, in trust, for the uses and purposes, with the powers hereinafter granted the Trustees of my residuary estate and subject to the limitations and provisions hereinafter set forth.
(a) After the payment of all proper and necessary expenses incident to the management of this trust estate, including compensation to the Trustees as hereinafter set forth, the Trustees shall hold, administer and distribute the said property as follows:
(b) The entire net income there from shall be paid, accounting from the date of my death, in quarter annual installments, as nearly equal as may be practicable, or at such other intervals as may, from time to time, be agreed upon between the Trustees and the beneficiary, to Perry Dillon, son of my grandnephew, Edmund M. Dillon, now residing on Camp Meade Road, Anne Arundel County, Maryland, for the period of his lifetime. After his death, if he survives me, or after my death, should he predecease me, this trust shall cease and the Trustees shall distribute the property then held in this trust as then constituted, together with any accrued, accumulated, uncollected or undistributed income, free of trust, to the Bethesda Protestant Episcopal Church of Saratoga Springs, New York. Should the Trustees still hold the aforesaid Perry building in this trust at the time therein provided for the distribution thereof, free of trust the said Trustees, or the survivors or survivor of them, shall convey the same by deed to the said beneficiary entitled to receive the same. If, however, the said Bethesda Protestant Episcopal Church of Saratoga Springs, shall have been discontinued or abandoned at the time provided herein for the distribution of the property held in this trust as aforesaid, the said property then held by the Trustees in this trust, whether it be the aforementioned Perry Building or other property or securities, shall be and become a part of the trust estate hereinafter created in the residue of my estate and shall be transferred, paid over and distributed to the Trustees or Trustee then administering the said residuary estate (?) to be thereafter held, administered and distributed as part thereof.
44. I direct my Executors to sell the property which I now own in fee simple, known as No., 705 St. Paul Street, Baltimore, Maryland, in which I have resided for many years and convert the same into cash, and when so converted into cash, the net amount received there from shall be and become a part of my residuary estate and held, administered, and distributed as hereinafter provided.
In the sale of the abovementioned property I authorize, direct and empower my Executors to sell the same without application to the Orphans' Court or any other Court, either at public or private sale, at such time or times as they may deem best and for such amount or amounts as they may deem proper, and to execute and deliver all good and sufficient deeds bills of sale, instruments of transfer, and any and all other writings, necessary and proper to convey and transfer the said property and no purchaser or purchasers thereof shall be required to see to the application of the purchase money.
45. I give, devise and bequeath all the rest and residue of my estate, real and personal, of every kind and description and wheresoever situate, including any property over which I have the power of testamentary appointment, to the Fidelity Trust Company (Baltimore, Maryland) and its successors, Warren P. Culbertson and Joseph L. Carter and the survivors or survivors of them, as Trustees, in trust, for the use and purposes which (?)…?and subject to the limitations and provisions following:
(a)The Trustees shall collect the income, rents and profits from the trust property and after the payment of all necessary and proper expenses incident to the management of the trust estate, including compensation to the Trustees as hereinafter set forth, the Trustees shall pay the net income in quarterly annual installments, as nearly equal as may be practicable, or at such other intervals as may, from time to time be agreed upon by the Trustees and the beneficiaries, as follows:
(1) The Trustees shall pay from the net income to my grandniece, Helen Perry Linthicum, Daughter of John T. McCaffrey, the sum of Ten Thousand Dollars ($10,000) a year for the period of her lifetime or use the same for her benefit accounting from the date of my death. This payment from the net income to my said grandniece shall be a primary charge against the net income of this trust estate, that is to say, should the net income here from during any year prove inadequate or insufficient to pay all annuities or other benefits herein provided for in subsections (1)to (3) of Subsection (a) of Section 45 hereof, in full, the said payment of the sum of Ten Thousand Dollars ($10,000) per year to or the use thereof for the benefit of my said grandniece, Helen Perry Linthicum, shall be paid first and the deficiency in all other annuities or other benefits provided for hereunder in the immediately succeeding subsections (2) and (3) shall be sustained as set forth in said subsections (2) and (3).
(2) The Trustees shall pay from the net income to Warren P. Culbertson, now residing at 3320 Mondawmin Avenue, Baltimore, Maryland, the sum of Three Thousand Dollars ($3,000) a year for the period of his lifetime or use the same for his benefit, accounting from the date of my death. In the event that the net income here from during any year shall prove inadequate or insufficient to pay all annuities and/or other benefits herein provided for in subsections (1) to (3) inclusive of subsection (a) of Section 45 hereof, in full, the said payment of income to or the use thereof for he benefit of the said Warren P. Culbertson shall be paid or used in full, if the available net income is sufficient therefore, or, so much of the net income here from as shall be available for the payment of the said sum of Three Thousand Dollars ($3,000) per year, shall be paid to the said Warren P. Culbertson, after the payment set forth in the immediately preceding subsection (1) to my grandniece Helen Perry Linthicum, shall have been made.
(3) The Trustees shall pay from the aforesaid net income the sum of Five Hundred Dollars ($500) a year accounting from the date of my death or in their sole and absolute judgment and discretion use the same for the benefit of John C. Linthicum, formerly named Dillon, Son of Edmund M. Dillon, Sr. now deceased, and Virginia Perry McCaffrey Dillon, now deceased, for the period of his lifetime. Then said John C. Linthicum's name was changed from John C. Dillon many years ago because of my late husband's fondness for him.
It is my wish and I therefore direct that the said John C. Linthicum may be buried in the lot in Druid Ridge Cemetery in which my late husband, John Charles Linthicum, and I are buried.
In the event the net income during any year should prove inadequate or insufficient to pay the annuities or benefits provided for hereunder in the immediately preceding subsection (3) in full after paying those provided for in the preceding subsections (1) and (2) for the benefit of Helen Perry Linthicum and Warren P. Culbertson, the deficiency in the said annuity created under subsection (3) for the benefit of the said John C. Linthicum shall be retained by the said annuitant or beneficiary, it being my intention with respect to the payments provided for in the preceding subsections (1), (2) ,and (3) of subsection (a) of section 45 hereof, that the payments or benefits provided in the preceding subsections (1) hereof to or for the benefit of Helen Perry Linthicum, during any year, shall be first paid in full and hereafter the remaining net income shall be used for the payment in full as herein provided in subsection (2) for the benefit of the said Warren P. Culbertson during any year as aforesaid, and thereafter payments of income shall be made to or used for the benefit of the beneficiary named in the preceding subsection (3) hereof, namely, John C. Linthicum.
(4) The balance of the said net income coming into the hands of the Trustees from the corpus of this trust estate as constituted, from time to time, after the payments provided for in the preceding subsections (1) to (3) hereof inclusive, including those income payments that may cease under the terms hereof because of the death of any of the aforementioned annuitants or beneficiaries, (except such portion of said income payments as may be necessary to make the payments provided for in the said preceding subsections (1) to (3) hereof inclusive), shall be applied and used by the Trustees for the maintenance of scholarships to aid worthy and desirable boys and young men and women of Maryland in acquiring and completing their education, who may qualify under such rules or regulations as the Trustees, in their sole judgment and discretion, may promulgate, from time to time, or in accordance with such other plans as they may, from time to time, agree upon with the institutions hereinafter referred to, for the distribution of such scholarships, any such rules, regulations or other plans to be subject to change or modification by the Trustees at any and all times, that is to say: (a) a full boarding scholarship in such amount as may be required by regulations for such a scholarship, from time to time, in the Boys' School of Saint Paul's Parish, commonly known as Saint Paul's School, now located on Rogers Avenue, Baltimore, Maryland, the Trustees having the right, however, to grant partial scholarships in said Saint Paul's School, provided the total sum of such partial scholarships shall not exceed the cost of a full boarding scholarship during any particular year; and (b) as many scholarships or partial scholarships as the balance of said income shall permit to be maintained (after the scholarship in the said Boy's School of Saint Paul's Parish is provided for) either in the undergraduate, graduate or professional schools of the University of Maryland, Johns Hopkins University and the State Teachers College at Towson, Maryland, in which latter institution of my late husband was deeply interested. In their discretion, however the Trustees may grant one or more such scholarships or partial scholarships, from time to time, during the continuance of this trust, at such other colleges or universities as the Trustees may select or approve in any instance or instances that they, in their sole judgment and discretion, may deem to be to the advantage and best interests of any student or students they may select or designate or who may qualify as the recipient or recipients of the benefits of this scholarship fund. The Trustees are hereby authorized, from year to year, to distribute said scholarships to the recipients thereof attending said institutions, on whatever basis and in whatever proportions they may deem best; and the scholarships so granted, in the sole discretion of the Trustees, may, in any or all cases, be full or partial and may, in the Trustees' discretion, include such sums as they may deem necessary for the maintenance and/or other expenses of any such recipient of the benefits hereof in such cases as they, in their sole discretion, may deem proper.
All of the scholarships herein provided for shall be known by my name, as it is my desire in this way to express my devotion to the interests of Baltimore and Maryland, where most of my life has been spent.
(5) This trust shall continue for the period of (2) years after the death of the survivor of the aforementioned Warren P. Culbertson, Helen Perry Linthicum, and John C. Linthicum, and at the end of twenty (20) years after the death of the survivor of them as aforesaid, the trust shall cease and the trust property then remaining in the hands of the Trustees, including any accrued or undistributed income, shall be distributed, in equal shares free of trust, to such of The Boys' School of Saint Paul's Parish, commonly known as St. Paul's School, now located on Rogers Avenue, Baltimore, Maryland, the University of Maryland and the Johns Hopkins University as may then exist , or such corporate institutions as may then constitute their successor or successors and be then conducted as preparatory schools, colleges or universities. It is my request, but I do not require that the portion of my estate so received by the said institutions be held by them respectively for the purpose of the establishment and maintenance of scholarships or the continuation of scholarships previously established in accordance with the terms hereof.
I hereby authorize and empower my Trustees and the survivors or survivor of them at any time after the death of the survivor of the said Warren P. Culbertson, Helen Perry Linthicum and John C. Linthicum as aforesaid, and prior to the expiration of twenty (20) years after the death of the survivor of them, in their sole and absolute discretion, to terminate the trust for the establishment of the aforementioned scholarships and to distribute the trust property then remaining in their hands, in equal shares, free of trust, to such of the said The Boys School of Saint Paul's Parish commonly known as Saint Paul's School located on Rogers Avenue, Baltimore, Maryland, the University of Maryland, and Johns Hopkins University as may then exist, or such corporate institutions as may then constitute their successor or successors and be then conducted as preparatory schools, colleges or universities as aforesaid, the decision of the Trustees or Trustee in all cases to be final and binding upon all persons and institutions.
Should there be any objection to the validity or enforceability of the provisions of this portion of my Will relating to the distribution of income from my residuary estate by my Trustees for scholarship purposes as aforesaid (subsection 4 of section 45 hereof) and should a court of competent and final jurisdiction determine that the said provisions are invalid or unenforceable because the beneficiaries hereunder constitute an indefinite class or for any other valid reason, then, in that event, upon any such judicial determination, the trust shall cease and the Trustees shall distribute the corpus of the trust property from which the income for said purposes shall be derived, free of trust, in equal shares, to such of the aforementioned The Boys' School of Saint Paul's Parish, the University of Maryland nad Johns Hopkins University, as may then exist or such corporate institutions as may then constituted their successor or successors and be then conducted as preparatory schools, colleges or universities, retaining, however, at all times such portion of said corpus of the trust property constituting my residuary estate as may be necessary to produce sufficient income to pay to the individual life tenants, annuitants or beneficiaries mentioned in subsections (1), (2) and (3) of subsection (a) of section 45 hereof, the sums heretofore mentioned to or for the benefit of the several said life tenants, annuitants or beneficiaries as heretofore provided for, the decision of the Trustees with respect to the portion of the corpus to be so retained for such purposes to be final and binding upon all persons.
(6) Notwithstanding any of the foregoing provisions, upon the death of the said Helen Perry Linthicum and John C. Linthicum respectively, the Trustees shall distribute in each event, from the corpus of the trust property then held hereunder, the sum of Ten Thousand Dollars ($10,0000) free of trust, absolutely, to the Board of Regents for the University of Maryland, for the use of the University of Maryland Hospital, now located on Greene Street, Baltimore, Maryland, it being my intention that the total amount to be so distributed to said hospital shall be the sum of Twenty Thousand Dollars ($20,000).
(7) Except as in the provisions of this Will otherwise specifically set forth, the beneficiaries of all of the trusts herein created shall themselves receive the payments of income and principal herein provided, and all payments of income or principal which are to be made at any time unto the said beneficiaries herein designated, whether a beneficiary of a life or reversionary interest, shall be paid into their hands alone , or those of their duly appointed guardians respectively, and not into the hands of any other, whether claiming by assignment, attachment, execution or in any other manner, and the said beneficiaries shall at no time have any right to anticipate, pledge, or assign the payments which may be due, from time to time.
(8) During the continuance of the trusts herein created, I recommend that all stock dividends which may be at any time declared and paid on any stock forming a part of the trust estates, and all stock rights, shall be treated as principal and not as income, and all cash dividends which may be at any time declared and paid on any stock forming a part of the trust estates, shall be treated as income and not as corpus. The trustees' decision as to the treatment of such dividends shall be final and binding upon all persons.
(9) The Trustees shall have as to all trusts created hereunder all powers necessary and proper for the management of the trust property, including the power to take possession of, hold, assign, collect, sue for and recover the same or any part thereof and the proceeds, revenues, income, rents, issues and profits thereof, and give full receipts and acquittances therefore, and also shall have full power at all times during the continuance of the trusts hereby created, without application for authority to any Court, to sell, lease, mortgage, pledge, assign, transfer, exchange or otherwise dispose of any property from time to time held by the Trustees hereunder, and with like power to invest and reinvest the proceeds of such sales, or other disposition, or any moneys which may come into their hands, of the principal or accumulated income of the trust estates hereby created, in such securities or property, real or personal, as said trustees may deem advisable, including common stocks or stocks of any other classification; and generally shall have full power to take all such steps and perform all such acts as may be necessary or proper in the management of the property and of said trusts, including the power to participate in any corporate reorganization of any corporation in whose securities any portion of the trust estates may be invested, and to vote the stock constituting a part of the trust estates, and to make distribution or partition in kind of the property at any time held by the said Trustees hereunder for the purpose of paying over and setting apart any share or shares of the principal thereof which may vest in any person or persons or which by the terms hereof, are to be paid over; and likewise power to make any sale or other disposition of any part of said property which may be deemed necessary or advisable to facilitate such division or payment, and no purchaser, alienee or lessee of any part of the trust property shall be bound to see to the application of the money or property paid to or received by the Trustees as a consideration for any sale, lease, mortgage, pledge, assignment, transfer or other disposition of said trust property. And whenever the Trustees are authorized or directed to act upon their own judgment or discretion their decision shall be binding upon all persons. Any valuation which is placed by the Trustees upon any portion of the trust estates to carry out the above provisions in making any partition or division, or in setting aside any share, or carrying out any of the provisions of these trusts, shall be final and binding upon all persons, including any and all of the beneficiaries of the estate.
My said Trustees may, in their discretion and without liability, continue to hold investments which may constitute a part of my estate at my death, although the same are not investments which would ordinarily be approved for the investment of trust funds by Courts administering trust estates, and my Trustees may also, in their discretion, make investments in securities which would not ordinarily be so approved, provided they act in the exercise of good faith.
My said Trustees shall have the power at any time during the administration of this residuary trust estate to receive and thereafter hold and administer a part thereof, subject to all the terms thereof, any cash, securities or other property which may be transferred conveyed or paid over to them under any of the provisions of my will.
If in my said Trustee's discretion they may deem it advantageous to the estate to exercise any stock rights that may be declared upon any stock forming a part of the trust estates, the Trustees may do so, and may use therefore such portion of the corpus and/or income as they may deem proper, and it shall rest within their sole discretion as to whether or not the amounts of the income so used shall be refunded from corpus. Stock purchased pursuant to this provision shall constitute corpus.
All changed of value of investments, irrespective of their purchase at premiums or discounts shall be regarded as changes of value of principal without charging or crediting income therewith.
My said Trustees are authorized in their discretion to register and carry any stock, bond or other asset in the name of any individual or other nominee they may select from time to time to facilitate the expedited transfer or other handling thereof.
All powers and duties conferred upon the Trustees under the provisions hereof are likewise conferred upon and granted to any successor Trustee or surviving Trustees that may act hereunder.
The Trustees are authorized and I hereby direct them to pay to each of the individual Trustees named in any and all provisions of this, my Will, as well as to the corporate Trustee, commissions of equal amounts such as would be payable if ass but one Trustee were administering the trust, it being my intention that each of my said Trustees shall receive the same compensation.
46.
I direct that in the event any person, persons, institutions or body corporate to whom, or to which, any bequest, or benefit is given hereunder, or for whom any provision of any kind whatsoever is herein made, or to whom any benefit is hereby intended to be secured, shall institute or share in conducting or prosecuting, any proceedings or proceeding, to oppose the probate of this Will or to nullify, change, or restrict any of its provisions, or shall do or cause to be done, or share in doing or causing to be done, any acts or things for the purpose of impeaching, impairing, setting aside or invalidation any provisions or provision of this Will, such person, persons, institutions or body corporate, including any person who would benefit by such action, whether or not such person is mentioned in my Will and whether instituted by any such persons or by others, shall be and hereby are excluded from any benefit from, or participation in, my said estate, in any manner or to any extent whatsoever, and any and every provision herein made for any and all such person, persons, institutions or body corporate, or any benefits that might inure to the benefit of such persons, person or institution or body corporate by reason of such actions, shall thereupon become null and void and the portion or portions of my estate that otherwise would have been receive by, or have been held for the benefit of said person, persons, institutions or body corporate, or which might inure to the benefit of each person or persons, shall be paid to Warren P. Culbertson, now residing at 3320 Mondawmin Avenue, Baltimore, Maryland, absolutely.
47.
I hereby constituted and appoint the Fidelity Trust Company (Baltimore, Maryland) and its successors, and Warren P. Culbertson, Joseph L. Carter, and Dr. Robert L Keyser, and the survivors or survivors of them, Executors of this, my Last Will and Testament, and it is my desire that my said Executors shall serve as such without the necessity of giving bond, except as may be required by law. I authorize my Executors, without application for authority to the Orphans Court, or any other Court, to compromise and settle all claims for or against my estate and to sell, lease, mortgage and exchange or otherwise dispose of real or personal property constituting my estate in order to carry out any of the abovementioned provisions of my Will, or for any other purposes that may seem to my Executors proper and appropriate in the premises, and to assign, transfer, deliver and convey the same to any purchaser or purchasers, without obligation on the part of any such purchaser to see to the application of the purchase money.
I authorize my Executors to use the income coming into their hands during the course of administration of my estate in the Orphan's Court of Baltimore City, for the purpose of making the income payments provided for hereunder, which I have directed to account from the date of my death.
I further direct that all extra services deemed necessary, proper or advisable in connection with the administration of my estate or any of the trust created hereunder, shall be performed insofar as possible by Joseph L. Carter, my attorney, who has represented me for a number of years and that he shall be adequately paid the fees (?) the necessity for such services and the amount of compensation to be paid therefore to be in the sole, and absolute judgment and discretion of my Executors, without the necessity of obtaining an Order of the Orphans' Court or any other Court for the payment thereof..
In Testimony Whereof, I have hereunto subscribed my name.
All of the foregoing sheets, numbered consecutively from 1. to 16, are the original sheets forming part of a Will drawn for me by Joseph L. Carter aforementioned in this Will and executed by me. Recently in going over these I was so dissatisfied with certain of its provisions that I destroyed the last sheet containing my signature and the signatures of the witnesses.
As I am especially anxious to have the Will take effect except with the changes hereinafter mentioned, and as I wish in view of my precarious state of health to do this without any delay, I now readopt all the aforegoing as provisions of my Last Will and Testament, with the following changes, however, and to the extent that any of the aforegoing provisions are in conflict with those hereinafter set out the following only shall prevail, namely,-- (a) In the trust created for the benefit of my niece, Helen Perry Linthicum, the annual income shall be only Three Thousand Dollars ($3,000,000) instead of Ten Thousand Dollars ($10,000), as set out in Item 45, Sub-section (1), of page 11, of the a foregoing..
(b) I revoke entirely the devise of "Twin Oaks" to Warren C. Culbertson, made by Item 45 Section (b) of foregoing Page 8.
(c )The Trustees shall consist only of the Fidelity Trust Company and Warren P. Culbertson, and Joseph L. Carter shall not at any time be Trustee of any of the property disposed of by this Will.
Similarly, my Executors shall be only the Fidelity Trust Company, Warren P. Culbertson and Dr. Robert L. Keyser, and the said Joseph L Carter shall not be an Executor.
(d) The provision hereinbefore made in the last paragraph of page 16 for the employment of Joseph L. Carter in connection with any legal services shall not apply in any respect. (e) Except as modified by the aforesaid provisions, all the provisions of the original draft, pages 1 to 16, inclusive, of this Will, shall apply and remain in full force and effect.
In Testimony Whereof I hereunto subscribe my name and affix my seal, this 12th day of January, in the year Nineteen Hundred and Forty-Four.
Helen Aletta Her x Mark Linthicum (Seal)
Signed Sealed Published and Declared as and for her Last will and Testament by the above named Testatrix, in the presence of us, who, at her request, in her presence and in the presence of each other, hereunto subscribe our names as witnesses. Mabel B Phillips ,R.N. Randolph Barton Jr.
Baltimore City, SS.
On the 8th day of February, 1944, came Mabel B. Phillips, R.N., and Randolph Barton, Jr., the two subscribing witnesses to the aforegoing last Will and Testament of Helen Aletta Linthicum, late of said city, deceased, and made oath in due form of law that they did see Testatrix sign and seal this will; that they heard her publish, pronounce and declare the same to be her last will and Testament; that at the time of her so doing she was to the best of their apprehension of sound and disposing mind, memory, understanding; and that they subscribed their names as witnesses to his Will in her presence at her request; and in the presence of each other.
Sworn to in open Court. Test: John H. Bouse, Registrar of wills for Baltimore City.
I, Helen A. Linthicum do make and publish this a Codicil to my Will, which Will is dated the 12th day of January, 1944.
First: I give and bequeath to each of my servants Tollie Tax and Harriet Brown, who survives me, One Thousand Dollars ($1,000). Second: The above shall be subject to the provisions of my Will providing that all succession and inheritance taxes of any kind on any legacy shall be paid out of the residue of my estate. Third: In all other respects I reaffirm my said Will, and all its provisions. In Testimony Whereof I hereunto subscribe my name and affix my seal, this 12th day of January, in the year Nineteen Hundred and Forty-Four.
Her Helen A.X Linthicum (Seal) mark
Signed, Sealed, Published and declared as and for a Codicil to her Last Will and Testament, by the above named Testatrix, in the presence of us, who, at her request, in her presence, and in the presence of each other, herein to subscribe our names as witnesses.
Mabel B. Phillips R.N. Randolph Barton, Jr.
Baltimore City, ss.
On the 8th day of February, 1944, came Mabel B. Phillips, R.N., and Randolph Barton, Jr., the two subscribing witnesses to the a foregoing First Codicil to the last Will and Testament of Helen A. Linthicum, late of said City, deceased, and made oath in due form of law, that they did see the Testatrix sign and seal this Codicil; that they heard her publish, pronounce and declare the same to be a Codicil to her last Will and Testament; that at the time of her so doing she was in the best of their apprehension, of sound and disposing mind, memory and understanding; that they subscribed their names as witnesses to this Codicil in her presence at her request; and in the presence of each other. Sworn to in open Court.
Test: John H. Bouse, Register of Wills for Baltimore City.
Second Codicil.
I, Helen A. Linthicum do make and publish this Second Codicil to my Will, which Will is dated the 12th day of January, 1944, there being a First Codicil thereto, dated also January 12th 1944.
First: I revoke said First Codicil, whereby I give One Thousand Dollars ($1,000.00) to each Tollie S. Tax and Harriet Brown who survives me, but restore and leave in full force the provision made for them respectively by Items 30 and 29, page 7, of my said Will. Second: In my Will Section (a) on page 17, I reduce the annual income to be paid my niece, Helen Perry Linthicum, to Three Thousand Dollars ($3,000.000). As I would like her to get approximately that amount net, and there will be taxes payable by her, I therefore, increase the income to be paid to my said niece referred to in the aforesaid Section (a), on page 17, to Thirty-Five Hundred Dollars ($3500.) annually.
Third: I revoke the bequest made by Item 2, on page 1, of my Will, to the Metropolitan Museum of Art in New York City, and provide in lieu of said bequest that the picture of my mother itself shall pass to my said niece, Helen Perry Linthicum, but that the diamonds in which it is set shall be disposed of in the same manner as is provided for the disposition of the other jewelry enumerated in Item 3 immediately succeeding on page 1 of my said Will.
Fourth: In Sub-section (4), on page 12, and Sub-section (5), on page 13, of my said Will, I have made certain provisions in a certain event for the Johns Hopkins University. While I have a high regard for said institution, further thought on the matter makes me feel that it would be better for me to do more for St. Paul's School for Boys, also referred to in said Sub-sections (4) and (5). I , therefore, revoke all the aforesaid provisions of both Sub-section (4) and Sub-section (5), of my said Will, whereby any scholarships or partial scholarships are to be maintained in or any share of principal is to be paid to said Johns Hopkins University, and provide in lieu thereof that any rights which the said Johns Hopkins University would have taken under either of said Sub-sections of my Will shall instead of passing to said Johns Hopkins University pass to and be given to the St. Paul's School for Boys aforesaid, - this to be not in substitution of but in addition to any other rights of any kind given to St. Paul's School for Boys under said Sub-sections as originally provided in my said Will. The St. Paul's School for Boys as I have termed it in this Codicil means the Boy's School of St. Paul's Parish, now located on Rogers Avenue Baltimore , Maryland, and that is the School referred to and intended both in my said Will and in this Codicil..
Fifth: I revoke entirely-- (a) All the provisions of Sections (2) and (3) of Item 45 of my Will (pages 11 and 12) which direct any payment of income to Warren P. Culbertson, so that the effect of the provisions of the aforesaid Sections shall be the same as if said Warren P. Culbertson had predeceased me, the provision for the disposition of the remainder after his death to remain unchanged.
(b) All the provisions of Sections (a) and (b) of Item 42 of my Will (page9) insofar as the same provide any life income to said Warren P. Culbertson, so that the effect of the provisions of the aforesaid Sections shall be the same as if said Warren P. Culbertson had predeceased me, the provision for the disposition of the remainder after his death to remain unchanged.
(c) All the provisions of Item 46 (page 16) of my said Will. I do, however, still leave unchanged the provisions of my Will making said Warren P. Culbertson one of my Executors and one of the Trustees of any trust still left in force.
Sixth: In all other respects, I reaffirm and republish my said Will, and all the provisions thereof.
In Testimony whereof I hereunto subscribe my name and affix my seal, this 20th day of January, in the year Nineteen Hundred and Forty-four.
her Helen A. X Linthicum (Seal) mark
Signed, Sealed and published and Declared as and for a Second Codicil to her last Will and Testament, by the above named Testatrix, in the presence of us, who, at her request in her presence and in the presence of each other, hereunto subscribe our names as witnesses. Randolph Baron, Jr., Mabel B. Phillips R.N.
Baltimore City, SS.
On the 8th day of February, 1944, came James T. Carter, Vice President of the Fidelity Trust Company, and made oath in due form of law, that he does not know of any Will or Codicil of Helen Aletta Linthicum, late of said City, deceased, other that the above instrument of writing, and that he, the same James T. Carter says: he received Will from Randolph Barton, who being present says Will was in his possession since execution; and that the said Helen Aletta Linthicum departed this life on the 4th day of February, 1944.
Sworn to in open Court.
Test: John H. Bouse, Register of Wills for Baltimore City.
Baltimore City, SS.
On the 8th day of February, 1944, came Randolph Barton, Jr., and Mabel B. Phillips, R.N., the two subscribing witnesses to the a foregoing Second Codicil to the last Will and Testament of Helen A. Linthicum, late of said City, deceased, and made Oath in due form of law, that they did see the Testatrix sign and seal this Codicil; that they heard her publish, pronounce and declare the same to be a Codicil to her last Will and Testament; that at the time of her so doing she was to the best of their apprehension, of sound and disposing mind, memory and understanding; that they subscribed their names as witnesses to this Codicil in her presence at her request; and in the presence of each other. Sworn to in open Court.
Test: John H. Bouse, Register of Wills for Baltimore City. In the Orphans' Court of Baltimore City: The Court, after having carefully examined the above last Will and Testament of Helen Aletta Linthicum, late of Baltimore City, deceased, together with the Codicils thereunto attached, and also evidence adduced as to its validity, Orders and Decrees, this 8th day of February, 1944, that the same be admitted in this Court as the true and genuine last Will and Testament and Codicils of the said Helen Aletta Linthicum, deceased.
Judges: Philip L. Sykes, Leo J. Cummings, Samuel Lasch.
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