Will of John David Guerraz (1893)

John D. Guerraz, Senior

In the name of God Amen

I, John D. Guerraz Senior of the City of San Jose, County of Santa Clara, State of California of the age of eighty-eight years & being of sound & disposing mind & memory, and not acting under duress, menace, fraud or endue influence of any person whatever do make publish & declare this my Last Will & Testament in the manner following, that is to say.

First, I give & bequeath unto my son John D. Guerraz Junior the sum of One hundred dollars.

Secondly, I give to my daughter Louisa Kirk wife of Socrates Kirk the sum of five hundred Dollars.

Third I give & devise to my daughter Susanna Robinson wife of Henry Robinson Ten thousand dollar.

Fourthly - I device & bequeath unto Socrates Kirk in Trust for Mary Chopard the sum of Five Thousand Dollars, The net income thereof to be paid by said Trustee to her annually during her life time, & at her death I direct that the said principal be divided equally between her children.

Fifthly: I give & devise to my son Henry Guerraz the sum of One hundred dollars.

Sixthly: I give & devise to my son William Guerraz the sum of Seventy five hundred dollars

Seventhly: I give & devise & bequeath the rest & residue of my Estate unto my daughters Louisa Kirk & Susanna Robinson & Socrates Kirk in trust for Mary Chopard & to my son William Guerraz share & share alike.

Eighthly: I give & devise the income of all my estate to my wife Elizabeth Guerraz, the same to be used by her during her life, And at her death I desire the bequests herein before given in items, one to seven, to my children be distributed to them. The reason I have not give more of my estate to my sons John D Guerraz & Henry Guerraz & William Guerraz is that I have given them their share heretofore.

Lastly I hereby nominate & appoint Theophilus Kirk the executor of this my Last Will & Testament & expressly desire that no bond by required of him & hereby revoke all former Wills by me made.

In witness whereof I have hereunto set my hand & seal, this seventeeth day of April in the year of Our Lord one thousand eight hundred and ninety three.

- J. D. Guerraz (seal)

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The foregoing instrument, consisting of two pages besides this, was at the date hereof, by the said John D. Guerraz Senior, Signed & Sealed, and published as, & declared to be his Last Will & Testament in presence of us, who at his request and in his presence, & in the presence of each other have subscribed our names as witness thereto.

- E. W. Clayton, residing at San Jose, Cal
- Wesley L. Pieper, residing at San Jose, Cal.

Endorsed Filed Dec 13, 1893 - S. W. Boring, Clerk, by L. F. Janes, Deputy Clerk

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In the Superior Court of the County of Santa Clara State of California

In the matter of the Estate of John D. Guerraz Sr, Deceased

Certificate of Proof of Will & the Facts found

I, John Reynolds, Superior Judge of said Santa Clara County do hereby certify:

That on the twelfth day of Januaary A.D. 1894 the annexed Instrument was admitted to probate as the Last Will & Testament of John D. Guerraz Sr, deceased & from the proofs taken & the examinations had therein the said Court finds as follows:

That said John D. Guerraz Sr died on or about the sixth day of December A.D. 1893 in the said county of Santa Clara, State of California, that at the time of his death he was resident of said County of Santa Clara State of California that the said annexed Will was duly executed by the said decedent in his life time in the said County of Santa Clara, State of California & I signed by said testator in the presence of E. W. Clayton & Wesley L. Piepor, the subscribing witnesses thereto also that he said John D. Guerraz Sr acknowledged the execution of the same in their presence, & declared the same to be his last Will & Testament, & the said witnesses attested the same at his request in his presence & in the presence of each other; that the said decedent at the time of executing said Will was of the age of eighteen years & Testator was of Sound & disposing mind, & not acting under duress, menace, fraud, under influence or misrepresentation not in any respect incompetent to devise & bequeath his estate.

In witness whereof, I have signed this certificate & caused the same to be attested by the Clerk of said Court under the Seal thereof, this 12th day of January A.D. 1894.

- John Reynolds, Superior Judge