| I, JAMES A. HARDIN, of Santa Rosa, Sonoma
County, State of California, being in the 75th year of my age and not
acting under menace, duress, fraud or undue influence, and being of sound and
disposing mind and memory, do make, publish and declare this, my Last Will and
Testament, that is to say:-- First. I declare all the property of which I am possessed to be the community property of myself and my wife Nannie C. Hardin, and do not hereby disposed of any of her community half thereof. Second, I wish all my just debts paid as soon after my death as the same can be done with due regard to the best interests of my estate. Third. I give and bequeath to my said wife the sum of Fifty Thousand Dollars ($50, 000.00) as a preferred legacy, and direct my executors to invest the same in some good and safe bank stocks or other paying securities, such as may be best in their judgement and such as meets the approval of my said wife. Fourth. I give and bequeath to my said wife all the property on the west side of Mendocino Street, between 5th and Rose Streets in Santa Rosa, Sonoma County, California, and known in part as the Carter Place and in part as the property now occupied by J. D. Ward, to have, hold and enjoy for and during her natural life, with remainder in my estate and disposed of hereinafter in the residuary clause herein. Fifth. I have heretofore made advancements to my children of various amounts, to some more than to others, all of which advancements (except as hereinafter stated) appear and will appear in a book kept by me in which I have charged all such advancements already made and will charge all hereafter made to each of my children respectively. In addition to the advancements so charged in said book, there is a charge on my ranch books in Nevada of between eight and nine hundred dollars against my son C. H. E. Hardin, and another charge of about Two Thousand Dollars against my son A. R. Hardin, both of which are, and are to be considered and treated as advancements to them respectively, in addition to the charges of advancements against them in the said book which I have charged all other of such advancements. I wish nothing charged as advancements against any of my children except the said amounts so charged in said book by me and the said two amounts charged to my sons respectively in my ranch books in Nevada. None of my said children shall be charged interest on any of said advancements. I wish the Court to fix and determine by order the amounts of such advancements to each of my said children respectively, this to be determined from said books hereinbefore mentioned. Sixth. I give, devise and bequeath to each of my children who have received a sum by way of such advancement less than the greatest amount so advanced to any of my said children, such sums of money respectively as will make with such advancements already made to such ones, and amount equal to the greatest amount advanced to any one of my said children. It is my purpose by this provision to make up to all of my children equal gifts, one with another, before the residuary clause of this Will is effective. Seventh. I give, devise and bequeath all the residue of my estate, one-half to my said wife, and the other half to my children C. H. E. Hardin, A. R. Hardin, Eudora Hardin, Jimella Eardley and Ethel Pooler in equal proportions, share and share alike, and if any of them dies before me, the part of such one is to go to the children or descendants of deceased children of such one by right of representation. Eighth. I hereby appoint my son A. R. Hardin and my son-in-law W. J. Eardley, the executors of this will, and hereby give them power to manage, control, settle, compromise, lease, sell and dispose of any property and to carry on any business I have, as in their judgement may be best, without any order of Court therefor and any costs or expense they may be to in giving bonds as executors shall be paid out of my estate and they credited with the same on settlement. Ninth. I direct that my executors sell all my ranch and stock property as soon after the probate of this Will as they can without sacrificing the same and that they shall close up the administration of my estate as soon as the condition of the same will permit. Tenth. I hereby revoke all former Wills by me made. IN WITNESS WHEREOF, I have hereunto set my hand and seal. This February 15th, A. D., 1905. James A. Hardin (seal) We, the undersigned, hereby certify that the foregoing instrument, consisting of 2 pages besides this one, was on the date thereof signed by James A. Hardin, the said testator, and published and declared by him to us and in our presence and in the presence of each of us, to be his Last Will and Testament, and we at his request and in his presence, and in the presence of each other, have written our respecitive names and place of residence hereto to wittness thereto, and we further certify that at such time said testator was of sound and disposing mind and memory. James N Oates Recording at Santa Rosa Sonoma County California W. B Farley Residence, The Angelus, Stockton Street San Francisco, California |
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