“Impressed with the uncertainty of human life I, John Sherman now a Senator of the United States and from the State of Ohio and a Citizen of Mansfield, do make and declare and publish this as my last will and testament.
“Article One.. As the property I own has been mainly acquired since my marriage with Cecilia Stewart Sherman and my highest obligation is to her, I wish to secure her an ample provision during her life with reasonable means of bequest at her death; Therefore I hereby give, devise and bequeath to her as follows:
“First. All my furniture, books, clothing, chattels and live stock and carriages wherever they may be at my Death (except such Books and papers as may be herein otherwise disposed of) to have and to hold in her own right without inventory and with power to dispose of as she deems proper.
“Second. I give and devise to her in fee simple all that part of the South east quarter of section Twenty (20) in Madison Township, Richland County, Ohio: Known as the Stewart farm and not disposed of at my death, my interest being three parts thereof and her interest by inheritance being one fourth, this is to include all sums due or accruing at the time of my death on contracts for the sale of any part of said farm.
“Third. I give and devise to her for and during her natural life, and for one year after her Death the use and occupation of my residence in Mansfield, Ohio, including all the lands and lots I now own, or may hereafter acquire, lying between West Market and Fourth Streets and Penn Avenue and Sycamore Street. And I give and devise to her for and during her Natural life and for One year after Death any House and the lot or lots on which it stands in the City of Washington then belonging to my estate which she may select and I direct my executors to pay all taxes General or special on the property described in this clause, and to keep it in good repair out of my General estate.
“Fourth. I give and bequeath to her for and during her natural life an annuity of Twelve Thousand dollars payable monthly or one thousand Dollars a month at the beginning of each month, and in addition I bequeath to her the sum of five thousand dollars payable Promptly at my Death and the further sum of Twenty Thousand dollars to be disposed of by her will or other gift after her death and to secure the prompt and certain payment of this annuity I charge it upon all my property or the proceeds of it, not required to meet the other provisions of this will, and I direct my executors within six months after my death to set aside as a special Fund enough income producing property to yield without reasonable doubt the said sum of Twelve Thousand Dollars a year free from all Taxes and repairs to be selected by her, one half or more of which shall be rentable real estate, and such property and the income thereof shall be held to secure the payment of said annuity and any deficiency shall be made good from my general estate, a descriptive inventory of the property so set aside shall be delivered to her, and no part of it shall be sold or disposed of without her written consent.
“At her death the said property shall revert to my estate. This provision for my wife shall be in full for her dower, her year’s allowance and any other allowance or provision provided by law for a widow, and I trust will be accepted by her as a just and ample one made with an earnest desire for her ease and comfort.
“Article Second. I give, devise and bequeath to my adopted Daughter, Mary Stewart Sherman the sum of One Hundred Thousand dollars as follows: I hereby direct my Executors within six months after my death with the consent and approval of my Daughter to set aside dedicate and designate as Mary’s separate property so much of my estate as is equal in Cash value to the said sum of One Hundred Thousand dollars, one half or more of which shall be productive real estate and the remainder in good income producing Stocks, Bonds and Mortgages and the said property shall be held by my wife as long as she lives, as trustee for Mary, with power to re-invest and change security; the income and rents of said property or so much thereof as is necessary for the support and maintenance of Mary shall be paid to her as needed. Upon the death of my wife the principal whether in real estate or securities shall be conveyed transferred and delivered to Mary or to her issue in full ownership. If Mary should die without issue before the Death of my wife this devise and bequest shall revert to my estate.”
Then follow legacies to brothers and sisters, amounting to $90,000.
“I give and bequeath to Kate Willock the only child of my sister Julia Willock (deceased) the sum of $600.00 a year (in lieu of an annuity I am now paying her) payable quarterly until the death of my wife, and if she survives my wife I give her five thousand dollars. The several bequests made in the third article are made (the 4th clause excepted) with the distinct condition that at the discretion of my executors they may be paid any time within two years after my death and either of them in whole or in part in any real estate of which I die seized at its fair market value.