"In the Circuit Court of Ray County, Missouri
October Term, 1895
"State of Missouri, Plaintiff, vs. G. W
Fraker, Defendant
"State of Missouri, County of Ray — ss
"The grand jurors for the state of Missouri, duly impaneled, sworn, and charged to inquire of offenses within and for the body of the county of Ray and state aforesaid, upon their oaths do present and charge that Geo. W. Fraker, on the 10th day of July, A. D. 1893, at the said county of Ray and state of Missouri, then and there being, did then and there unlawfully and feloniously, and with the intent to cheat and defraud the Provident Life Assurance Society of New York, an insurance corporation duly and legally created and organized as an insurance company under and by virtue of the laws of the state of New York, and authorized to do business in the state of Missouri, attempt to obtain from said the Provident Savings Life Assurance Society of New York the sum of ten thousand dollars, lawful money of the United States, of the value of ten thousand dollars, the money and property of said the Provident Savings Life Assurance Society of New York, by means and by use of a trick and deception, and false and fraudulent representation, and false and fraudulent statement and pretense, in the manner and by means following, to wit: That the said Geo. W. Fraker, on the 11th day of March, A. D. 1893, procured from and caused to be issued to him by said the Provident Savings Life Assurance Society of New York one certain policy of insurance upon the life of him, the said Geo. W. Fraker, in the sum of ten thousand dollars, by which said the Provident Savings Life Assurance Society of New York undertook and agreed, upon the death of him, the said Geo. W. Fraker, to
pay to his legal representatives or assigns, upon proof of his death, the sum of ten thousand dollars, lawful money of the United States; and the said Geo. W. Fraker, on the 18th day of April, A. D. 1893, executed his last will and testament, in writing, in words and figures as follows, to wit:
"`State of Missouri, County of Clay. I, Geo. W. Fraker, of Excelsior Springs, Clay county, Missouri, being of sound mind and memory, yet mindful of the uncertainties of life, do make and publish this, my last will and testament, hereby revoking all other wills heretofore made by me. First. I will and direct that my executor hereinafter named pay all the expenses of my last sickness and all my burial expenses out of my estate as soon as convenient after my decease, and I prefer that my remains or body be cremated, instead of being buried, and leave the matter to be determined by my executor as he, in his judgment, may think best. Second. I will and direct that my executor sell and dispose of, at public or private sale, all my real and personal property at the highest and best price he can obtain therefor, except such policies of insurance as I may have at the date of my death and after, pay all my expenses of sickness and burial, and all my debts; to pay the balance as hereinafter directed. Third. I have two policies of insurance on my life for the aggregate amount of five thousand dollars, for the benefit of my two sisters, in equal parts. I direct the same to be, by the companies, directly paid over to them, or, in the event of their death, or the death of either of them, to be paid to their children; the children of each sister receiving their mother's half of such insurance. Fourth. All the balance and residue of my estate that may remain after payment of all the debts and charges and insurance hereinabove mentioned I give, devise, and bequeath to my esteemed brother-in-law, Geo. W. McGruder, of Macon county, Missouri, to be held and disposed of by him as hereinafter directed. Fifth. My object and purpose in giving, devising, and bequeathing the property mentioned in the foregoing clause of this will to my said brother-in-law, Geo. W. McGruder, is to enable him to care for and provide for the five youngest children of my deceased uncle, Geo. W. Fraker, deceased, late of Seattle, in the state of Washington, and I hereby direct that out of the estate hereby devised and bequeathed to him that he provide for the education, the support, and maintenance of said five children, or the survivors of them, so that they may be qualified, when they become of age, to support and maintain themselves. When said children shall become of age, I hereby direct my said brother-in-law to make such disposition of the remainder of said funds, or the balance remaining in his hands, as he may think proper to the said children and my two sisters, or their children, taking into consideration the necessities and condition of the said children and my two sisters. If my brother-in-law aforesaid should die, and his wife, my sister, survive him, I hereby authorize and empower her to take charge of said fund, and exercise the power and discretion herein given to her said husband; and I further hereby direct that neither my brother-in-law nor his wife, my sister, shall be required to give bond, as trustee or guardian, to account for the estate herein devised and bequeathed to him or her; the real object, purpose, and intent being to put said property in hands and charge of my said brother-in-law (or, in the event of his death, in charge of my sister), to be used in any way he or his wife may think best to carry out the purposes and objects as hereinbefore stated. Sixth. I hereby state, by way of information, that the bulk of my estate consists of life insurance policies that I now have in force, and that I may have at the date of my death. Seventh. I direct that my library of medical books be not sold by my executor, but be turned over to my brother-in-law, Geo. W. McGruder, to be disposed of by him in any way he may see proper; and he shall in no wise be held to account for same to any one, and I merely suggest to him that, if any of my relatives choose the profession of medicine, he may give to them said library, or any part thereof, as he may deem expedient and proper. Eighth. I hereby nominate and appoint James E. Lincoln, attorney at law, of Liberty, Missouri, the executor of this, my last will and testament, and request that he act as such executor, and see that the same be carried out. In testimony whereof, I, the said Geo. W. Fraker,...
