Will of August Mencken (d. 1967-05-19)

I, AUGUST MENCKEN, of the City of Baltimore and the
State of Maryland do hereby make, publish and declare this my
Last Will and Testament, hereby revoking any and all other
testamentary disposition heretofore made by me.

ITEM ONE - I direct that all of my just debts and funeral
expenses be paid as promptly as possible, and I authorize the
payment of such sum for funeral expenses as my Executors may
in their sole discretion deem suitable and proper, irrespective
of any limitation thereon imposed by the laws of Maryland.

ITEM TWO - I give and bequeath to my niece, VIRGINIA
MENCKEN MORRISON, now of Lancaster, Pennsylvania, if she survives
me, the sum of Five Thousand Dollars ($5,000), and if she does
not survive me, then to her children who survive me, in equal
parts.

ITEM THREE - I give and bequeath to the LIBRARY OF THE
UNIVERSITY OF PENNSYLVANIA, Philadelphia, Pennsylvania, the
bronze bas relief of Anastasius Ludwig Mencken now hanging over
the fireplace in the sitting room on the first floor of 1524
Hollins Street, and all the books in the walnut secretary in the
same room.

ITEM FOUR - I give and bequeath to the SMITHSONIAN
INSTITUTION, Washington, D. C., all ivory carvings and wood
carvings; my large cylinder music box and the table on which it

stands, my collection of live steam locomotives with cars,
boats, stationary power plants, and two models of steam
engines constructed by me, one with a bi-polar dynamao, and
all the objects listed in the letter to me from the SMITHSONIAN
INSTITUTION dated June 20, 1958, and signed by Anthony Garvan,
Head Curator, Department of Civil History.

ITEM FIVE - I give and bequeath to the MARYLAND HISTORICAL
SOCIETY, Baltimore, Maryland, all books on ships or on matters
pertaining to ships, all ship models, miniature cannons, old
and modern firearms, not hereinabove otherwise bequeathed, and
the two small portraits in oil, one of my father and one of my
mother. I request that that if this bequest is accepted, the items
shall be preserved by the Society, and not disposed of.

ITEM SIX - I give and bequeath to the ENOCH PRATT FREE
LIBRARY, Baltimore, Maryland, all my books, pamphlets, letters,
pictures, papers and prints not hereinabove otherwise specifically
bequeathed.

ITEM SEVEN - I give and bequeath to my friend WILLIAM F.
SCHMICK, JR., now President of The A. S. Abell Company, if he
survives me, the table silver, round and flat, engraved with the
Mencken family crest, which was given to my late brother, Henry
L. Mencken, as a wedding present by the Directors of The A. S.
Abell Company.

ITEM EIGHT - I give and bequeath to my friend LOUIS CHESLOCK,
now a professor at the Peabody Conservatory, Baltimore, Maryland,
if he survives me, the sum of Two Thousand Dollars ($2000), all
wines, liquors, and cigars; and if he does not survive me,

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to his wife Alice, and if she does not survive me, then to his son
Barry.

ITEM NINE - I hereby confer upon the SMITHSONIAN INSTI-
TUTION Washington, D. C., the MARYLAND HISTORICAL SOCIETY,
Baltimore, Maryland, the ENOCH PRATT FREE LIBRARY, Baltimore,
Maryland, the WALTERS ART GALLERY, Baltimore, Maryland, and the
BALTIMORE MUSEUM OF ART, Baltimore, Maryland, the right and privilege
of selecting, by letter directed to my Executors within six months
following my death, any other tangible personal property owned
by me, except cash, and not hereinabove otherwise specifically be-
queathed, and I give and bequeath the object or objects so selected
to the selector. In the event that more than one should make the
same selection, then the ownership shall be established by lot, or
in such other manner as may be agreed upon. I request that if
this bequest is accepted the items shall be preserved by the legatee
or legatees, and not disposed of.

ITEM TEN - I give and devise the house and lot at 1524
Hollins Street Baltimore, Maryland, and all other real estate I may
own at my death, to the UNIVERSITY OF MARYLAND, College Park, Maryland,
for University purposes.

ITEM ELEVEN - I give and bequeath to the said UNIVERSITY
OF MARYLAND all the furnishings and other contents of the said house
at 1524 Hollins Street remaining after satisfaction of the bequests
hereinabove, to be used for University purposes on University property
or disposed of according to University rules.

ITEM TWELVE - Provided the devise in Item TEN above is
accepted, I give and bequeath to the said UNIVERSITY OF MARYLAND the
sum of Twenty Five Thousand Dollars ($25,000) to be used for the

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preservation of the said house at 1524 Hollins Street and neighborhood,
in any manner deemed best by the University.

ITEM THIRTEEN - All the rest, residue and remainder of my
estate, real, personal and mixed, of whatsoever nature and whereso-
ever situated, I give devise and bequeath to the MERCANTILE-SAFE DEPOSIT
AND TRUST COMPANY, of Baltimore, Maryland, in trust, for the following
uses and purposes and on the following conditions:

(a) To pay out of the net income the sum of
Fifty Dollars ($50) per month, accounting from my death
to my housekeeper, EMMA VIRGINIA BALL, for and during the
term of her natural life.

(b) To pay the balance of said net income to
my sister, ANNA GERTRUDE MENCKEN, during her life, in
quarterly payments, dating from my death.

(c) Upon the death of my said sister, first,
to provide out of the balance of the trust, by annuity or
otherwise, for the payment of the sums payable hereunder
to EMMA VIRGINIA BALL, any balance of said provision
available at the death of said EMMA VIRGINIA BALL to go
to the ultimate remainderman hereinafter named. After
such provision and payment, if any, or at the death
of my said sister if no such provision or payment is
required, the trust shall terminate, and the balance of
said trust estate shall be distributed absolutely to the
ENOCH PRATT FREE LIBRARY of Baltimore City, for any purpose or pur-
poses within its discretion.

ITEM FOURTEEN - I appoint the MERCANTILES-SAFE DEPOSIT AND
TRUST COMPANY, Baltimore, Maryland, and its lawful successor, as my
sole Trustee under this Will, with the following powers and authority,
to be interpreted liberally to give the Trustee the utmost discretion
in its management of the trust estate:

To improve, sell, lease, mortgage, exchange
or otherwise deal with or dispose of, whether of original
or subsequent investment, the whole or any part of my
property coming into its hands under this Will upon such
terms and conditions as may seem to it advisable; to
receive, hold, invest and reinvest any of the funds

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hereunder in such amount as it may seem fit in stocks,
bonds or other property, real or personal, including
choses in action, except stock of a regulated in-
vestment company, or mutual funds; to execute and
accept such mortgages, deeds, assignments, covenants,
contracts and other instruments as it may deem
necessary in the proper management of any of the
property coming into its hands under this Will; to
vote or deposit any securites at any ordinary or
extraordinary meeting, or with respect to any agreement
or reorganization plan affecting such securities, and
to participate in any way in reorganizations, mergers,
consolidations, or dissolutions involving any securities
held by it; to make any conversion or exercise any
option with respect to such securities or other property;
to prosecute, defend, or intervene in any suit or
actions at law or in equity, or other proceeding, which
may be necessary or desirable with respect to any of
the property coming into its hands under this will;
to make any divisions and sales necessary or desirable
to make such distribution as are hereinabove directed;
and in general to do and perform any and all acts which
it may deem necessary or desirable in the proper care
and management of said property which would not be
unlawful if I had specifically authorized such powers.
The Trustee shall not be liable to see to the proper
application of any property or money paid out or
distributed by it in the execution of this trust and
it shall be relieved of all liability by the taking
of a receipt from any person to whom such payment
or distribution is duly made. The Trustee shall have
all of the above powers as to any property remaining
in the trust estate until the entire estate has been
finally distributed, notwithstanding the termination
of the trust.

ITEM FIFTEEN - I direct that all estate, succession and
inheritance taxes which may be imposed by the United States or by
any State or political subdivision thereof by reason of my death or
because of the transfer, disposition or distribution of any property
deemed a part of my taxable estate at death, shall be paid by my
Executors out of my residuary estate as an expense of administration,
and my Executors shall not seek reimbursement from any person for
any portion of the taxes so paid.

ITEM SIXTEEN - I appoint MERCANTILE-SAFE DEPOSIT AND
TRUST COMPANY, Baltimore, Maryland and RICHARD F. CLEVELAND, Baltimore,
Maryland, as my Executors. In the event of the death, disability,

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or renunciation of said RICHARD F. CLEVALAND, I desire MERCANTILE-
SAFE DEPOSIT AND TRUST COMPANY to be my sole Executor. I desire
that said RICHARD F. CLEVELAND shall be excused from giving bond,
other that the minimum required by law. I authorize my Executors
in their absolute discretion, to compromise and settle any debts
or obligations due to or by my estate; and to sell, partition or
exchange any part or all of my estate, both real and personal, save
only the property specifically devised or bequeathed herein, without
application to any court for authority, for such consideration and
on such terms as my Executors may deem proper, for any purpose in
connection with the administration of my estate.

IN WITNESS WHEREOF I have hereunto subscribed my hand
and affixed my seal this 4^th day of June, 1963.

/s/ August Mencken
-------------------(SEAL)
August Mencken

SIGNED, SEALED, PUBLISHED and DECLARED by the above named
Testator, AUGUST MENCKEN to be his Last Will and Testament, in
our presence and in the presence of each other, who in his presence
and at his request, have hereunto subscribed our names as witnesses,
having seen him write his name in the margin of the first five pages
and at the foot of the Will.

5/31/67 /s/ Wm A Fisher Jr Address 10 Light St, Balto (2) Md.
[illegible]
5/26/67 /s/ Thomas [initial illegible] Waxter Jr Address " " " " "
[illegible]