Will of Adam Malezewski, Filed in Probate Court on February 12, 1876


In the name of God, Amen:

I, Adam Malezewski, now resident of the County of Los Angeles, State of California, being now in good bodily health, and of sound and disposing mind and memory, but aware of the uncertainty of life, and therefore wishing to make timely disposition of any earthly affairs in the event of my death, do make, publish and declare these presents as for for my last will and testament, and do hereby revoke and cancel all and whatsoever wills, codicils and testamentary dispositions heretofore by me made.

I constitute and appoint David W. Alexander, now of Wilmington, in the said County of Los Angeles, my trustee and the executor hereof, and having full assurance of his capacity and fidelity, I do direct that no bonds be required of him.

I give, devise, and bequeath to the aforesaid David W. Alexander, all the property whatsoever, real, personal and mixed, whereof I shall die desired or possessed or entitled to: in trust nevertheless, for the ends and purposes herein expressed.

To enter upon, collect, possess and occupy any estate and property; in his discretion and election, without application to, or order of any court, to convert any or all of my real or personal property into money, or private or public sale, or the way deem best; from my property or such proceeds thereof to pay and satisfy the expenses of my funeral and last sickness, the expenses and costs of his administration and trust (inclusive of compensation to himself as fixed by law) and all my just debts; to pay and remit, free of deduction or offset for exchange [illegible] and expenses or remittance to my two nieces Josefa and Andrea, daughters of my sister Weronitka and her husband Francisvek Murat, residents of Konskwola, Gubernia Lubilzka, Russian Poland, and to my niece Elzbieta, wife of Zazlawski and daughter of my deceased sister Joana and her husband Josef Sikut, also resident as last aforesaid, the sum of one thousand ($1000) dollars each ($3000 in all) in United States gold coin, or its equivalent in value in the currency in which the remittance is made, to be paid and remitted as soon as the setlement of my estate will allow; and the residue of my estate and property thereafter remaining to invest, hold, control and manage for the benefit of Marta Alexander, oldest daughter of said David W. Alexander and his wife Adelaida (nee Johnson) during her minority, and on her majority to pay over and deliver to her said residue, with the increase and profits thereof; the said Trustee, during his said daughter's minority to have full and absolute discretion and power of sale, reinvestment and management, without application to, or proceedings in, or order from any court.

In case of the death of said David W. Alexander during his said daughter's, Marta, minority, the trust property then existing shall pass and be held in trust by such Guardian as said David shall by will or codicil appoint; or in default of such appointment, then by Guardian duly appointed under the provisions of law of the State or County wherein said Marta shall be resident.

I will and direct that the settlement of my estate be effected and effectual, and the trusts hereof be executed without any further proceedings of court than for the probate of this will and any codicils hereto, and for the statutory notice to, and [illegible] of creditors, except in case of the said Alexander's death before his daughter's majority.

In witness whereof, I have here unto set my hand and seal, at the City and County of Los Angeles, State of California, this [no day written on will] day of April, A.D. one thousand and eight hundred and seventy two.

Adam Malezewski

The above and foregoing instrument was, at the place and on the date last above written therein, subscribed and published and declared as his last will and testament by the testator, Adam Malezewski, in the presence of the undersigned who thereupon, at his request, in his presence, and in the presence of each other, hereto set our hands as subscribing witnesses.

Phineas Banning
W. G. Halstead