“In the event of the death, refusal or inability to act of said Charles W. Osborne, I hereby nominate and appoint Edward C. Osborne, also for some years past in my employment, as Executor in his place and stead. I further direct that none of the persons above named as executors shall be required to give any bond or security for the proper discharge of their duties.
“Ninth: I hereby authorize and direct my said executors to rent a suitable office for the transaction of the business of my estate, and to employ and pay out of the funds of my estate all the clerks and bookkeepers that may be necessary for the proper care and management thereof.
“Tenth: I hereby revoke all former or other wills and testamentary dispositions by me at any time heretofore made.
“Eleventh: Should any of the beneficiaries under this my will, other than my said wife, object to the probate thereof, or in any wise, directly or indirectly, contest or aid in contesting the same, or any of the provisions thereof, or the distribution of my estate thereunder, then and in that event I annul any bequest herein made to such beneficiary, and it is my will that such beneficiary shall be absolutely barred and cut off from any share in my estate.
“In witness whereof I have hereunto subscribed my name and affixed my seal at No. 2 Wall Street, New York City, Borough of Manhattan, this eleventh day of February, 1901, in the presence of Edward Townsend and Richard W. Freedman, whom I have requested to become attesting witnesses hereto.
“Russell Sage. (Seal.)
“The foregoing instrument was subscribed, sealed, published and declared by Russell Sage as and for his last Will and Testament, in our presence and in the presence of each of us, and we, at the same time, at his request, in his presence and in the presence of each other, hereunto subscribe our names and residences as attesting witnesses this 11th day of February, 1901.
“Edward Townsend, 130 West 121st St., New York.
“R. W. Freedman, 32 West 123rd St., N. Y. City.”
Will of John Sherman
John Sherman died Oct. 22, 1900. His will is as follows: