S06 Eugene Henry Clark /
Will of Ezra Thompson Clark - page two
8. I give and bequeath to my sons, Joseph S. Clark, Edward B. Clark and Amasa L. Clark, executive committee of the Ezra T. Clark association, the sum of Two Thousand ($2000.00) Dollars, to be held by them in trust and to be applied by them, both principal and interest, according to their judgment and discretion, for the benefit of said Ezra T. Clark association or any member thereof, who may be in want or in need, or the family or families of any one from any circumstances be in distress and in need of assistance. The said sum of Two Thousand Dollars or remainder thereof, shall be held by them for a period not to exceed twenty years, at the end of which time, the remainder thereof, shall be distributed to my children or their heirs, share and share alike. Provided, that if in the judgment of said Joseph S. Clark, Edward B. Clark and Amasa L. Clark, or their successors, it shall be deemed for the best interest of my family that the said sum of Two Thousand Dollars or remainder thereof, be sooner distributed, then they or their successors, are empowered to distribute the said sum to my children or their heirs in equal proportions.
9. I hereby give and bequeath all the residue of my property, of whatsoever name or nature both real and personal, to my children, share and share alike; said children being named as follows: -- Mary E. Clark, Joseph S. Clark, Hyrum B. Clark [assuming Hyrum D. Clark as he is mentioning names in order from oldest to youngest], Edward B. Clark, Charles R. Clark, Wilford W. Clark, Amasa L. Clark, Annie Clark Tanner, Sarah Clark Knowlton, Alice Clark Steed, Eugene H. Clark, Nathan G. Clark, Laura Clark, and Horace W. Clark; provided, that should the amount distributed to my children above named exceed the sum of Fourteen Thousand ($14000.00) Dollars, then my son Timothy B. Clark shall be entitled to an equal share of all the residue of my property, both real and personal, after the above named children shall have received the said Fourteen Thousand Dollars.
10. I hereby nominate and appoint Joseph S. Clark, Edward B. Clark, and Amasa L. Clark, the executors of this my last will and testament, to serve without bonds, giving them power to sell and dispose of any part of the real or personal property belonging to my estate and to make distributions thereof among those to whom it belongs in harmony with this will, at any time they may deem the sale thereof most beneficial to the interests of my estate. Said sale may be made by my said executors without first applying to the Probate Court for an order of sale.
Ezra T. Clark
11. Should any dispute arise among my heirs as to the proper construction of the reading of this will, or upon any other matter concerning the settlement of my estate, I direct that such dispute shall be settled by arbitration; the heirs on each side of said dispute to choose one arbitrator each, and the two so chosen to choose a third. The said arbitrators so chosen shall hear both parties and the judgment or award of two of said arbitrators on the question submitted shall be final, and shall be binding on my heirs and on the executors hereinbefore named.
IN WITNESS WHEREOF, I have hereunto set my hand this 16th day of August A.D. 1901.
Ezra T. Clark
The foregoing instrument consisting with this, was at the date thereof by the said Ezra T. Clark, published and declared to be his last will and testament, in the presence of both of us, who at his request and in his presence and in the presence of each other haveunto subscribed our names as witness thereto.
Ezra F. Richards, Farmington, Utah.
James H. Robinson, Farmington, Utah.