LAST WILL AND TESTAMENT

of

Mahlon S. Kemmerer

Will Book 1 Page 151, 152, 153, 154, 155, 156, 157, 158

I Mahlon S. Kemmerer, residing at Mauch Chunk Pennsylvania do hereby make, publish and declare the following to be my last will and testament, hereby revoking all wills and codicils heretofore by me made.

First: I appoint as executor of this my last will and testament my son John L. Kemmerer, my daughter Gertrude K. Thorne, James H. Auport of Bannsboro, Pennsylvania and Patrick J. Quesby, of Kenner, Wyoming and I direct that no bond or underwriting be required of any of my executors in any court or Jurisdiction for the faithful performance of this duty under this will.

Second: I direct that my executors pay my funeral expenses and just debts as soon as practicable after my decease.

Third: I give, devise, and bequeath to my two children John L. Kemmerer and Gertrude K. Thorne, share and share alike all of my household furniture and household equipment and automobiles and all of my personal affects.

Fourth: Subject to the payment of any and all inheritance tax or taxes with respect to the gifts and bequests heretofore made by me in this will, I give, devise and bequeath the entire residue of my estate to my said executors in Trust never the less as follows:

Section A: In the event that no grandchild of mine, shall survive me to invest, reinvest, and keep said residue invested and to collect and receive the income and profits thereof and after deducting all proper charges incidental to the administration of the trust to pay over the net proceeds of such incomes and profits during the lives of my daughter Gertrude K. Thorne and my son John L. Kenner and the survivors of them as follows:

(a) To pay one half of said income to said Gertrude K. Thorne her life and on her death continue to pay said one half of said income to her issue during the life of said John L. Kenner and on the death of said John L. Kenner to pay one half of the principal of said trust to the issue of said Gertrude K. Thorne and if no issue of said Gertrude K. Thorne survives said John L. Kenner, then to such persons as the said Gertrude K. Thorne shall have designated in and by her last will and testament duly admitted to probate. If, however, the said Gertrude K. Thorne shall have no issue her surviving or shall have issue predeceasing said John L. Kenner, then on his death of such issue predeceasing John L. Kenner in the case may be, my executors shall pay said one half of said income to my son John L. Kemmerer during his life and on his death they shall pay one half of the principal of said trust fund to such persons as the said Gertrude K. Thorne shall have designated in and by her last will and testament duly admitted to probate.

(B) To pay one half of said income to said John L. Kemmerer during his life and on his death to pay said one half of said income to his issue during the life of said Gertrude K. Thorne and on the death of said Gertrude K. Thorne to pay one half of the principal of said trust to the issue of said John L. Kenner and if no issue of said John L. Kenner survives said Gertrude K. Thorne, then to such persons as the said John L. Kemmerer shall have designated in and by his last will and testament duly admitted to probate. If however the said John L. Kemmerer shall have no issue him surviving or shall have issue predeceasing said Gertrude K. Thorne then on his death without issue or on the death of such issue predeceasing Gertrude K. Thorne as the case may be, my executors shall pay one half of said income to my daughter Gertrude K. Thorne during her life and on her death they shall pay over one half of the principal of said Trust fund to such persons as the said John L. Kemmerer shall have designated in and by his last will and testament duly admitted to probate.

Section B: In the event that any of my Grandchildren shall survive me, to invest, reinvest, and keep said residue invested, and to collect and receive the income and profits thereof and after deducting all proper charges incidental to the administration of the trust, to pay over the net proceeds of such incomes and profits in equal shares to my daughter Gertrude K. Thorne and my son John L. Kemmerer during the lives of my grandchildren me surviving and for twenty one years thereafter, if my son and daughter shall live so long.

If my daughter Gertrude K. Thorne shall die during the lives of my Grandchildren me surviving or in the twenty one years thereafter without leaving lawful issue, her surviving and prior to the death of my son John L. Kemmerer I will and bequeath the incomes and profits as above, which she would have continued to receive had she out lived said Grandchildren and said period of twenty one years, to my son John L. Kemmerer during the lives of said Grandchildren and for twenty one years thereafter.

If my son John L. Kemmerer shall die during the lives of my grandchildren, me surviving or in the twenty one years thereafter without leaving lawful issue him surviving, and prior to the death of my daughter Gertrude K. Thorne, I give and bequeath the incomes and profits as above which he would have continued to receive had he out lived my grandchildren me surviving and said period of twenty one years to my daughter Gertrude K. Thorne during the lives of my grandchildren me surviving and for twenty one years thereafter.

If my son John L. Kemmerer shall die during the lives of my grandchildren, me surviving or within twenty one years thereafter without leaving lawful issue him surviving and prior to the death of my daughter Gertrude K. Thorne, I give and bequeath the incomes and profits as above which he would have continued to receive had he out lived my grandchildren me surviving and said period of twenty one years to my daughter Gertrude K. Thorne during the lives of my grandchildren me surviving and for twenty one years thereafter.

If my daughter Gertrude K. Thorne shall die during the lives of my grandchildren who so survive me or within twenty one years thereafter leaving lawful issue her surviving, I give and bequeath the incomes and profits as above which she would have received had she out lived my grandchildren surviving me and said period of twenty one years, to her issue her surviving. Whether born before or after my death, during the lives of my grandchildren me surviving and for twenty one years thereafter.

If my son John L. Kemmerer shall die during the lives of my grandchildren who so survive me or within twenty one years thereafter leaving lawful issue him surviving, I give and bequeath the incomes and profits as above which he would have received had he out lived my grandchildren surviving me and said period of twenty one years to his issue him surviving. Whether born before or after my death during the lives of my grandchildren me surviving and for twenty one years thereafter.

And on the death of both my son and daughter during the lives of my grandchildren surviving me or within twenty one years thereafter I direct my trustees to pay the net income from the whole of said trust fund to all of my grandchildren, both those living at the time of my death and those born after my death and their issue during the lives of my grandchildren who survive me and to continue such payments of income to my grandchildren surviving their parents and issue of all deceased grandchildren for a period of twenty one years after the death of the last survivor of my grandchildren surviving me and at the expiration of said twenty one years after the death of the last survivor of my grandchildren surviving me to divide the principal of said Trust fund among all of my grandchildren and great grandchildren them surviving, the distribution of income during said periods and principal at the termination thereof to be made to my grandchildren in equal shares, but the shares of income and principal of great grandchildren to be distributed to such great grandchildren p??? and not p??? so that the issue of the deceased grandchildren will take collectively the share that their parents would have taken if their parents had been born after my death and had survived the Trust period.

In the event that all of my grandchildren surviving me shall predecease my said son and my said daughter and other of my descendants born before or after my death shall then be living and shall continue to live until the expiration of twenty one years after the death of the last survivor of my grandchildren surviving me, then upon the expiration of said twenty one years, I give devise and bequeath the entire principal of said Trust fund to my executors in trust to be disposed of by them in accordance with the provisions of Section "A" of this paragraph, ??? as if no grandchildren had survived me, and I give devise and bequeath the same accordingly, ??? my son or daughter shall then be living.

In the event that all of my grandchildren surviving me shall predecease my said son and my said daughter and no other of my descendants born before or after my death shall be living at the time of the death of the last survivor of my grandchildren surviving me or within twenty one years thereafter then upon the death of my last survivor of my grandchildren surviving me or upon the death of the last of said descendants during said period of twenty one years as the case may be, I give, devise and bequeath the entire principal of said trust fund to my executors in trust to be disposed of by them in accordance with the provisions of section "A" of this paragraph, ??? as if no grandchild have survived me and I give devise and bequeath the same accordingly.

In the distribution of income of said Trust fund in any of the contingencies herein provided for if no descendants of my daughter shall then be living and she be dead my son shall take all of said income of said Trust fund and, if no descendants of my son shall then be living and he be dead, my daughter shall take all of said income of said Trust fund as the case may be and the principal shall be paid as above provided.

In the event that any one or more of my descendants shall not have attained the age of twenty one years after he or she shall have respectively become entitled to receive income from this Trust fund, I direct my trustees to accumulate such income for such respective descendants until he or she shall attain the age of twenty one years with power to apply such part of said income of such descendants to its support, maintenance and education, as my trustees may deem proper, paying over the accumulated incomes to each such descendant as he or she respectively attains the age of twenty one years.

Fifth: During my life time I have always endeavored to recognize the duty of contributing regularly to charitable objects a definite portion of my income. I therefore make no bequest for charitable purposes in this my will and I have full confidence that my children and their descendants will continue likewise to contribute to charitable objects from time to time as I have done during my life time.

Sixth: Having accumulated a substantial fortune during my life time by the ??? of industry, frugality and thrift I am leaving it for my children in trust and to my descendants eventually with hope and expectations that the same principal and means which I have followed in acquiring and holding together my properties may like wise be followed by my trustees and my children in ??? and increasing the Trust fund ??? to the care for the benefit if my children and their descendants.

Seventh: I authorize and empower my executors and the survivors of them and their successors in trust to sell, mortgage lease and convey all or any part of my estate, both real and personal, except the property herein specifically devised and bequeathed, at such times and in such manner as they may deem best in order to carry out the provisions of this my last will and testament, giving and granting unto said executors full power and authority to make proper conveyance and transfer of my estate both real and personal I authorize and empower my executors and the survivors of them and their successors in trust.

Section 1: At the risk of the trust estate and without responsibility to my executors to continue to hold any stocks, bonds or other securities in which at the time of my death any portion of my estate shall be invested, although the same shall not be of the character authorized by the State of Pennsylvania for trust investments, and likewise to have full power and authority to sell, dispose of call in and change any and all investments, and such investments or reinvestments made by my executors shall not be limited to such securities and investments as shall be prescribed by the laws of the State of Pennsylvania for legal trust investments.

If such trustees desire from me my thoughts as to the investments which they make, it is that they should endeavor to carry out the same principals and purposes which I myself have followed in the making of investments.

Section 2: In any case in which my executors are required pursuant to the provisions of this will to divide any portion of my estate into parts or shares or to distribute the same, I authorize them in their discretion to make such division or distribution in kind, or partly in kind and partly in money, and for the purpose of such allotment, the Judgment of my executors concerning the property thereof and the ??? value for the purpose of distribution of the property or securities so allotted shall be binding and conclusive on all persons interested in my estate.

Section 3: In case of securities taken or purchased for any trust fund at a premium, my executors shall not be bound to set aside any part of the income thereof as a sinking fund to ?retire? or absorb such premium.

Section 4: I further authorize my said executors or the survivors of them in their discretion to vote in person or by proxy upon all stocks or other securities held by them, to exchange the securities of any corporation or company for other securities issued by the same, or by any other corporation or company at such times and upon such times and conditions as my executors shall deem proper to convert to the reorganization, consolidation or merger of any corporations thereof, to any person, corporation or company, or to the lease by any person, corporation or company of his or its property or any portion thereof, to such corporation or company, and upon such reorganization, consolidation, merger sale or lease to exchange the securities held by it for the securities issued in connection therewith, to pay all assessments, subscriptions and other sums of money as the executors may deem expedient for the protection of their interests as holders of any stocks, bonds or other securities of any corporation or company and to exercise any option contained in any stocks, bonds or other securities for the conversion of the same into other securities or take advantage of any rights to subscribe for additional stocks, bonds or other securities and to make any and all necessary payments therefore, and generally to exercise in respect of all stocks, bonds and other investments held by the executors hereunder all rights powers and privileges as are or may be lawfully exercised by any persons owning ??? property in his own right.

Section 5: I direct that the income of all trusts created under this will shall be deemed to be for the benefit of the Beneficiary from the date of my death and pending the administration of my estate until the respective trust funds are established. I direct my executors from time to time to pay from my general estate to trust beneficiaries a sum equal to ??? ??? per annum on the principal of the respective trust funds until such trust funds shall have been established.

Eight: I hereby authorize and empower any executor at any time or from time to time to delegate the powers and discretions or any of them, vested in him or exercisable by him, his or it under the trust herein ??? to any other executor under this will may at any time appoint any agent or attorney to make executor and deliver any leases, transfers or other instruments or to do any act necessary to proper to be done in the execution of said trust with full power to revoke any such delegation or appointment, and to renew the same from time to time. I earnestly urge upon you my executors that the powers in this paragraph "eight" be most sparingly used.

Ninth: I hereby direct that not executor under this will shall be answerable or accountable for any act of the other executors in which she, he or it shall not participate or concur nor for any loss that shall occur except for his, her or its own willful or negligent act or default.

Tenth: I hereby commit the administration of my estate to my said executors and urge upon them and upon my children the duties of industry, frugality and thrift in the management of my property.

Eleventh: I nominate, constitute, and appoint each of my Grandchildren an executor of this my will as soon as he or she shall attain the age of thirty years and I give and grant unto each of said executors the same powers, privileges and exceptions which I have granted to my executors herein.

In the event that at any time there shall remain but one executor of this my will I authorize and direct him or her to select and appoint a responsible Trust Company or a National Banking association, either of the city of New York or of the city of Philadelphia

to act as co-executor and I give and grant unto such Trust Company the same powers, privileges and exceptions which I have granted to my executors herein.

My executors are hereby directed to render annual accounts to the Orphans' Court of Mauch Chunk, Pennsylvania.

In witness whereof I have hereto set my hand and seal to this my last will and testament this 27th day of October 1920.

Mahlon S. Kemmerer (seal)

Signed, sealed published and declared by the above named testator as, for and to be his last will and testament in our presence. Whereupon we at his request in his presence and in the presence of each other have hereto subscribed our names as subscribing witnesses this 27th day of October 1920.

James D. McDermot
Residing at 1030 (?Has?) Ave N.Y.

David Ferguson
Residing at 940 Prospect Place Brookline N.Y.

Elihugh Mc(?Green?)
Residing at 57 East 50 Street New York City
 

during the Trust Term to pay the share of income which the deceased child or her or his children would have received, if living to my other child, if living and if not living to the descendants of such other child of mine the descendants of equal degree taking per capita and those of unequal degree taking per ?stirpes?.
5. When the survivor of my two children shall die, then to pay the income of the entire trust to and among all of my descendants then and thereafter living during the Trust term, the descendants of equal degree taking per capita and those of unequal degree taking per ?stirpes?.
(6) Upon the expiration of said Trust term to convey, transfer, and pay over the principal of the Trust to and among my descendants then living. The descendants of equal degree taking per capita and those of unequal degree taking per ?stirpes? and I give, devise and bequeath the same accordingly.
(7) If there shall be no descendants of mine living at the expiration of said Trust Term, then to convey, transfer and pay over one half of the principal of the trust to such person, persons and or corporations and in such manner and proportions as my daughter, Gertrude Thorne, shall by her duly executed and probated last will and testament appoint and the remaining half to such person, persons and/or corporations and in such manner and proportion as my son, John L. Kenner, shall by his duly executed and probated last will and testament appoint and I give, devise and bequeath the same accordingly.
If either of my said children shall fail to make a valid deposition by her or his will, of if made, such deposition for any reason shall be ineffective, then to convey, transfer, and pay over the share or shares of principal to such persons as shall constitute my next of kin under the laws of the state of Pennsylvania as then existing and I give, devise and bequeath the same accordingly.
(8) If at any time during the trust term there shall be no descendants of mine then living, then upon the death of the last survivor of such descendants, the trust shall terminate and come to an end, regardless to the forgoing provisions as to the duration of the Trust term and the principal shall thereupon be conveyed, transferred and paid over as follows, one half of the principal to such persons and/or corporations and in such manner and proportion as my daughter Gertrude K. Thorne shall by her duly executed and probated last will and testament appoint and the remaining half to such person, persons and/or corporations and in such manner and proportion as my son John L. Kemmerer, shall by his duly executed and probated last will and testament appoint.
If either of my said children shall fail to make a valid disposition to her or his wills, or if made, such disposition for any reason shall be ineffectual, then to convey, transfer and pay over the share or shares of principal to such persons as shall constitute my next of kin under the laws of the State of Pennsylvania as then existing, and I give, devise, and bequeath the same accordingly.
(9) After the death of the survivor of my two children, wherever a per ?stupes? distribution of either principal or income is provided for under subdivision 5 and 6 of this paragraph "Fourth" I direct that the words "per ?stupes?" shall not be deemed to relate back to my two children but shall refer only to grandchildren and their descendants.
SECOND: I hereby direct that paragraph "Seventh" of said last will and testament the section of which is now designated as section 5, be renumbered and hereafter designated as section 6 of said Paragraph "seventh".
THIRD: I hereby add the following section to Paragraph seventh of said last will and testament to be known as section 5:
Section 5, With respect to any partnership or firm in which I may have an interest at the time of my death I fully empower my executors to continue in the business of such partnership or firm or any successor thereto any property of the estate for such time or times as the majority of them may approve and in that connection I fully empower my executors to loan to any such partnership or firm or successor partnership or firm moneys of the estate, with or without security as my executors my determine, all at the risk of the estate.
In connection with any such partnership or firm I fully empower my executors to make ??? as to my interest, or to the interest of my estate in any such partnership or firm, even though some one or more of my executors may be partners in such partnership or firm.
My executors may in their discretion ??? statement which may be ??? to any firms, partnerships, or ??? of which I may be a member at the time of my death as to the interest I may have at the time of my death in any such partnership or firm or as to any sums of money, if any, that may be due me from such partnership or firm, my executors may accept any such statement as final, conclusive and binding upon my estate, and, if so accepted by my executors, such statement shall be final, conclusive and binding upon my estate. I further fully empower my executors from time to time to borrow in the name of the estate, such moneys as they may deem in the interest of the estate and to secure the payment of money so borrowed, if so (???) by (???) and properties, all at the risk of my estate:
Fourth: All powers, privileges, exemptions, and ??? vested by me in my execution under said last will and testament and under this codicil shall also be vested in them as Trustees and in said The Chase National Bank of the City of New York (or successors Bank or Trust Company) trustee under any and all of the trusts created by me under said last will and testament and this codicil. I further direct that no bond or undertaking shall be required of any of said executors and said, The Chase Nation Bank of the City of New York (or any successors Bank or Trust Company) for the faithful performance by them respectively of their duties and responsibilities as Trustees, under said last will and Testament and this codicil, all such trustees shall render annual accounts in the same manner as provided in said will with respect to executors.
Fifth: I revoke and annul the sub paragraph eleventh of said last will and testament reading as follows:
In the event that at any time there shall remain but one executor of this my will, I authorize and direct him or her to select and appoint a responsible Trust Company or a National Banking association, either of the City of New York or of the City of Philadelphia to act as co-executor and I give and grant unto such Trust Company the same powers, privileges and exemptions which I have granted to my executors named herein.
Sixth: In all other respects, except as herein modified I ratify and confirm said last will and testament dated October 27, 1920 which with this codicil thereto, I declare to be my last will and testament.
In witness whereof I have hereto set my
hand and seal to this codicil this 3rd day of December 1925
Mahlon (his X mark) Kemmerer (L.B.)

Irene E. Schuler
Catherine M. Christy
John Garrah
Signed, sealed, published and declared by the above named Testator as and for a first codicil to his last will and Testament in our presence. Whereupon we, at his request, in his presence and in the presence of each other have hereto signed our names as subscribing witnesses, this third day of December 1925.
Irene E. Schuler
Residing at 75 S. Dover Avenue or Bowling Greene, Ohio
Catherine M. Christy
Residing at 125 S. Dover Avenue, Drafton, Penn
John Garrah
Residing at 271 W. B???, Mauch Chunk


To John M. Bond
Register of wills, clerk of the orphan's court for the county of Carbon in the commonwealth of Pennsylvania.
PETITION
In the matter of the probate
of the last will and testament
and codicil thereto of
Mahlon S. Kemmerer
Late of the Borough of
Mauch Chunk, Carbon
County, Pennsylvania, deceased
The petition of John L. Kemmerer, residing at ??? ???, New Jersey, Gertrude W. Thorne, residing at Greenwich ???, James K. (?Allpont?) residing at ??? Pennsylvania and Patrick J. ??? residing at ??? respectively showeth that we are the executors named in the last will and testament and codicil thereto of Mahlon S. Kemmerer, deceased, said last will and testament being dated the 27th day of October A.D. 1920 and said Codicil being dated the 3rd day of December A.D. 1925.
That said Mahlon S. Kemmerer was a resident of the Burrough of Mauch Chunk, Carbon County, Commonwealth of Pennsylvania, and departed this life at Atlantic City, State of New Jersey on the 29th day of December A.D. 1925 at 5:30 o'clock a.m.
That said Testator has not been married and no child or children have been born to said Testator since the execution of the last will and testament, and codicil thereto, offered for probate.
That said Testator was possessed of personal property to the value of Four Hundred Thousand dollars ($400,000) and ??? and real estate in the commonwealth of Pennsylvania to the value of seventy five thousand dollars ($75,000), as near as can be ascertained, situated as follows sig: in the counties of Carbon, Lackawanna, Luzerne, and Montour.
Therefore said petitions respectfully apply for the probate of said last will and testament and codicil thereto and for the issuance of letters testamentary thereon to the executors named therein, Dated January 8th A.D. 1926.
Gertrude K. Thorne
John L. Kemmerer
Patrick J. Quisby

State of Pennsylvania
County of Carbon
John L. Kemmerer, Gertrude K. Thorne, James H. (?Allpont?) and Patrick J. Quisby, named in the above
application, being duly sworn according to law, say that the matters and things set forth in the forgoing petition are true to the best of their knowledge and belief.
Subscribed and sworn
before me at Mauch
Chunk, Pennsylvania
January 8th A.D. 1926
James M. Bond, Jr.
Register of Wills
Gertrude K. Thorne
John L. Kemmerer
James H. (?Allpont?)
Patrick J. Quisby


Proof of Will
Commonwealth of Pennsylvania
County of Carbon
Registers Office, January 8th A.D. 1926
There personally appeared David Ferguson and James J. McDermont, two of the subscribing witnesses to the forgoing last will and testament of Mahlon S. Kemmerer, deceased, on their solemn oath did say that they were present and did see and hear Mahlon S. Kenner, of Carbon County Pennsylvania, deceased, the testator therein named, sign, seal, publish and declare the same as and for his last will and testament and that at the doing thereof, he was of sound and disposing mind and memory and understanding to the best of their knowledge and belief.
David Ferguson
James J. McDermont
sworn and subscribed before me
the day and year aforesaid.
John M. Bond, Jr. Register

Proof of Will
Commonwealth of Pennsylvania
County of Carbon
Registers Office, January 8th A.D. 1926
There personally appeared Catherine M. Christy and John Garrah, two of the subscribing witnesses to the forgoing codicil to the last will and testament of Mahlon S. Kemmerer, deceased, on their solemn oath did say that they were present and did see and hear Mahlon S. Kenner of Carbon County Pennsylvania, deceased, the testator therein named, sign, seal, publish and declare the same as and for a codicil to his last will and testament and that at the doing thereof he was of sound disposing mind memory and understanding to the best of their knowledge and belief.
Catherine M. Christy
John Garrah
sworn and subscribed before me
the day and year aforesaid
John M. Bond, Jr. Register

Commonwealth of Pennsylvania
County of Carbon
Before me John M. Bond, Jr. Esq. Register for Probate of Wills granting letters of administration in and for said county, came John L. Kenner, who being duly qualified, says that as one of the executors of the last will and testament, and codicil thereto of Mahlon S. Kemmerer, late of Mauch Chunk, Carbon County, Pennsylvania, deceased, he will and truly administer the goods and chattels, rights and credits of the said deceased according to the law and diligently and faithfully regard and will and truly comply with the provisions of the law relating to collateral inheritance.
John L. Kemmerer
Sworn and subscribed before me this eight day of January A.D. 1926
John M. Bond, Jr.
Register

Commonwealth of Pennsylvania
County of Carbon
Before me John M. Bond, Jr. Esq. Register for Probate of Wills granting letters of administration in and for said county, came Gertrude K. Thorne, who being duly qualified, says that as one of the executors of the last will and testament, and codicil thereto of Mahlon S. Kemmerer, late of Mauch Chunk, Carbon County, Pennsylvania, deceased, she will and truly administer the goods and chattels, rights and credits of the said deceased according to the law and diligently and faithfully regard and will and truly comply with the provisions of the law relating to collateral inheritance.
Gertrude K. Thorne
Sworn and subscribed before me this eight day of January A.D. 1926
John M. Bond, Jr.
Register

Commonwealth of Pennsylvania
County of Carbon
Before me John M. Bond, Jr. Esq. Register for Probate of Wills granting letters of administration in and for said county, came James H. Allpont, who being duly qualified, says that as one of the executors of the last will and testament, and codicil thereto of Mahlon S. Kemmerer, late of Mauch Chunk, Carbon County, Pennsylvania, deceased, he will and truly administer the goods and chattels, rights and credits of the said deceased according to the law and diligently and faithfully regard and will and truly comply with the provisions of the law relating to collateral inheritance.
James H. Allpont
Sworn and subscribed before me this eight day of January A.D. 1926
John M. Bond, Jr.
Register

Commonwealth of Pennsylvania
County of Carbon
Before me John M. Bond, Jr. Esq. Register for Probate of Wills granting letters of administration in and for said county, came Patrick J. Quisby, who being duly qualified, says that as one of the executors of the last will and testament, and codicil thereto of Mahlon S. Kemmerer, late of Mauch Chunk, Carbon County, Pennsylvania, deceased, he will and truly administer the goods and chattels, rights and credits of the said deceased according to the law and diligently and faithfully regard and will and truly comply with the provisions of the law relating to collateral inheritance.
Patrick J. Quisby
Sworn and subscribed before me this eight day of January A.D. 1926
John M. Bond, Jr.
Register

Probate Decree
And now January 8, 1926 James J. McDermot and David Ferguson two of the subscribing witnesses to the foregoing last will and testament of Mahlon S. Kemmerer, deceased, dated October 27, 1920 and Catherine M. Christy and John Garrah two of the subscribing witnesses to the foregoing codicil to said last will and testament dated December 3, 1925, having been duly sworn and ??? said last will and testament and codicil thereto are now admitted to probate and letters testamentary thereon are granted to the executors therein named to wit: John L. Kemmerer, Gertrude K. Thorne, James H. Allpont, and Patrick J. Quisby. ??? of said executors having ??? this bond with the ??? as surety in the ??? being nonresidents of the commonwealth of Pennsylvania and having been therefore required to ??? bond in the about stated ???
(3 SIGNATURES ILLEGIBLE)

State of Pennsylvania
County of Carbon
I John M. Bond ??? of wills in and of the county of ??? do hereby certify that the forgoing is a ??? copy of the last will and testament Mahlon S. Kemmerer, late of Mauch Chunk, Carbon County, Pennsylvania, deceased ????????
Witness my hand and seal of ??? Pennsylvania this seventeenth day of April AD 1926
John M. Bond Jr.
Register of wills ???

I Laird H. Barber President Judge of the ??? district of the State of Pennsylvania composed of the county of Carbon and President Judge of the Court of Common Pleas and Orphan's Court of said county do hereby certify that John M. Bond, Jr. by whom the ??? ???, certificate and attestations were made and given, and who in his own proper hand writing thereto subscribed his name and affixed his seal, was at the time of so doing the duly commissioned and qualified register of wills in and for said county to all whose acts as such, full faith and credit are and ought to be given, as well in courts of Jurisdiction as elsewhere and that the said record, certificate, and attestation are in due form of law and made by the proper officer.
Witness my hand this seventeenth day of April AD 1926
Laird H. Barber
President Judge

Commonwealth of Pennsylvania
County of Carbon
I Frank W. Davis Prothonotary of Court of Common Pleas in and for the county, do hereby certify that the Honorable Laird H. Barber by whom the forgoing attestation was made, and who has thereto subscribed his name was at the time of so doing and still is President Judge of the Court of Common Pleas and of the Orphan's Court, in and for said county duly commissioned and qualified, to all of whose acts as such full faith and credit are and ought to be given as well as in Court of Jurisdiction as elsewhere. In testimony whereof I have hereto set my hand and affixed the seal of said court this seventeenth day of April AD 1926.
Frank W. Davis
Prothonotary

Knott County Court
??? 1926
In re probate of will and Codicil of Mahlon S. Kemmerer
I E. Moore, Jr. as attorney for John L. Kenner and other executors of the will of Mahlon S. Kemmerer, deceased, herewith offer for probate in the Knott County Court the last will and testament and the codicil to same of Mahlon S. Kemmerer, deceased, and files with court the authenticated copy of said last will and testament and codicil of Mahlon S. Kemmerer, and also an authenticated copy of probate proceedings of said will and codicil in the County of Carbon of the Commonwealth of Pennsylvania and it appearing to this court from the authenticated copy of said will and codicil and the authenticated copy and certificate of the probate proceedings in said court that the said Mahlon S. Kemmerer at the time of the execution of said will was over the age of twenty one years and of sound mind and it further appearing from said proceedings that said will and codicil was duly executed by him in the presence of two subscribing witnesses and that the execution of said will and codicil and the probated ??? court aforesaid comply with all the requirements of the ??? of Kentucky for the probating of wills to ???. It is therefore ??? that said authenticated copy of said will and codicil as probated in Carbon County in the Commonwealth of Pennsylvania be and is now ordered probated as the last will and testament of Mahlon S. Kemmerer, deceased and said authenticated copy of said will and copy of the authenticated copy of the probate proceedings attached thereto be and have now ??? Knott County Court Clerks Office by the ??? thereof in the ??? provided by law for such purposes.
E.M. Moore Judge

State of Kentucky
County of Knott
I John Sturgill Clerk of the Knott County Court, do certify that the above and forgoing copy of the will of Mahlon S. Kemmerer was on this day lodged in my office for record and that I have truly recorded the same together with this and the forgoing certificate in my said office.
Witness my hand this ??? of Nov 1926
John Sturgill

Transcribed by Debbie Tamborski
22 October 2007

Extra information on Mahlon Kemmerer provided by Jack Sterling      Mahlon Kemmerer