The Last Will and Testament of Emma Hammond Russell

 

(from a project in progress)

Maria and Emma set up home together (again) in St Petersburg, Florida, at East 516 Fourteenth Avenue North in 1922. (See photograph and newspaper cutting in the previous chapter).

As with Emma and Joseph in the 1880s and 1890s, the hot summer climate in Florida caused an exodus north for several months each year, at least for those who had the financial means to do so. This appears to be what Emma and Maria did. Two news snippets from 1927 tell the story for that year. From The Tampa Tribune (Florida) for 16 October 1927:

A week before, The Asheville Times (North Carolina) for 9 October 1927:

Putting the two accounts together, Emma and Maria left Florida when it was just too hot in the summer. They went to Hendersonville, North Carolina, and stayed there for the summer and early fall. Making a brief detour to visit a sister in Pittsburgh (Selena Barto), they then returned to St Petersburg, Florida, to spend the winter there. They obviously were sufficiently well-placed financially to make such choices.

In September 1928, just a few months before she died in February 1929, Emma wrote her last will and testament. The terms were quite straightforward.  If she died before Maria, then she left her share of their home to Maria with a lifetime interest, but with the understanding that daughter Mabel, or if necessary her heirs, would eventually inherit.

(transcript)

LAST WILL AND TESTAMENT OF EMMA H. RUSSELL

I, Emma H. Russell, of the City of St. Petersburg, County of Pinellas, State of Florida, being of full age, sound mind and disposing memory and realizing the uncertainty of life and the certainty of death, do make, declare and publish this my Last Will and Testament, hereby revoking any and all Wills that I may have heretofore made.

FIRST: It is my will that all my lawful debts be paid as soon as practicable after my death.

SECOND: I give, devise and bequeath unto my sister, Mrs. Maria F. Russell, if she survive me, all my right, title and interest, being a one-half undivided interest, in and to that certain house, now known as East 516 – 14th Avenue North, in the City of St. Petersburg, Florida, the furniture located in said house and the lot of land upon which said house is located (all of said property now being owned by myself and my said sister in equal undivided portions and used by us as our home), to have and to hold same for and during her natural life; provided and upon the condition that my said sister, during said time, keep said house in repair and all taxes and assessments on and against said property paid.

THIRD: I give, devise and bequeath to my daughter, Mrs. Mabel Russell Packard, in the event she survives my said sister, Mrs. Maria F. Russell, the remainder, after the life estate mentioned in second paragraph of this Will, in the above described property, to have and hold same unto her, her heirs and assigns forever. But in the event my said daughter be dead at the death of the survivor of myself and my said sister, Mrs. Maria F. Russell, I give, devise and bequeath the remainder, after said life estate, to all the children of my said daughter, Mabel Russell Packard, living at that time, andTop of Form the issue then living of such of them as shall then be dead leaving issue then living, and their respective heirs and assigns, as tenants in common, in equal shares as between brothers and sisters, but so the issue of any child so dying shall take between themselves in equal shares only the share which their parent would have taken, if living.Bottom of Form

FOURTH: I give, devise and bequeath all the residue and remainder of my property, real, personal and mixed, wheresoever situated, or which I shall be seized or possessed, or to which I shall be entitled at the time of my death, to my said daughter, Mabel Russell Packard, to have and to hold unto her, her heirs and assigns forever. But in the event I survive my said daughter, then I give, devise and bequeath all of said residue and remainder of my said property, aforesaid, to the children of my said daughter, Mabel Russell Packard, living at my death, and the issue then living of such of them as shall then be dead leaving issue then living, and their respective heirs and assigns, as tenants in common, in equal shares as between brothers and sisters; but so the issue of any child so dying shall take between themselves in equal shares only the share which their parent would have taken, if living.

FIFTH: I do hereby nominate and appoint my said daughter, Mrs. Mabel Russell Packard, to be the Executor of this My Last Will and Testament, if she survives me, but in the event she be not then living I appoint and nominate James Russell Packard and Mildred Packard, to be the Executor and Executrix of this My Last Will and Testament, and it is my desire that there be no bond required of either said Executor or Executrix.

IN WITNESS WHEREOF I hereunto set my hand and seal, and publish and declare this to be my Last Will and Testament, in the presence of the witnesses named below this the 13th day of September A.D. 1928.

Emma H. Russell (SEAL)                     

The above instrument was subscribed by the said Emma H. Russell in our presence and acknowledged by her to each of us; and she at the same time declared the above instrument, so subscribed, to be her last will and testamemt, and at her request and in her presence and in the presence of each other we have hereunto signed our names as witnesses thereto and set opposite our names our respective places of residence.

(Two signatures follow, both of St. Petersburg, Florida, but in the extant copy, they have been obscured by an official stamp).

Emma died in early 1929. From the Tampa Bay Times for 6 February 1929:

Only one photograph of Emma is in general circulation. It was originally provided by descendants several decades ago. Below is the picture, taken on the steps of the home she shared with Maria from the end of 1922 until her death in 1929.

Emma was laid to rest in the family plot in the Royal Palm South Cemetery in St Petersburg, Florida. Her son-in-law, Richard Packard, was the first to be buried there, then Emma herself, then her sister Maria, and finally her daughter Mabel Russell Packard.

Photograph by Christopher Gross

Emma and Maria had lived together as children in the family home; they had lived under the same roof before Emma’s marriage; they had lived together in Cedar Avenue when Maria left CTR; and now, for the last six years or more, they lived together in the house in Florida.

The 1930 census shows that, after Emma’s death, Maria continued living in the Florida home on her own. When Maria died it was left to Emma’s daughter, Mabel Russell Packard, and Mabel was living at this address when she died in 1961.