John Miller)
Jacob Duvault)
John D. Butler)
State of Missouri) In the court
County of Phelps) January term 1858
Be it remembered that on this fifth day of January 1858 personally appeared before me the undersigned clerk of the county court of the county and state aforesaid John Miller one of the subscribing witnesses to the within will of William J. Wash and being by me duly sworn deposes and says the said William J. Wash the testator, subscribed the same in his presence and published the said will or instrument of writing as his last will that the said testator was at the time of publishing his said will of sound mind and more than 21 years of age. that he the said deponant attested the said will as witness thereto by subscribing his name to the same in presence of said testator.
John Miller.
sworn to & subscribed before me)
the day of January 1858)
State of Missouri) Phelps county court
County of Phelps) in vacation.
Be it remembered that on this sixth day of February A.D. 1858 personally appeared before me the undersigned clerk of the county court of said county and state aforesaid John D. Butler one of the subscribing witnesses to the within will of William J. Wash and being by me first duly sworn deposes and says that the said William J. Wash the testator subscribed the same in his presence and published the same in his presence and published the same as his last will and testament that he the said testator was at the time of publishing the same of sound and deposing mind and more than twenty one years of age, and that he the said deponant attested the said will as witness thereto by subscribing his name to the same in the presence of said testator sworn to and subscribed before me the date aforesaid.
filed and recorded February 6th 1858.
Lyle Singleton clerk
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State of Missouri)
County of Phelps)
I on this the thirty first day of March in the year of our Lord one thousand eight hundred and fifty eight, make and publish this my last will and testament in manner and form following to-wit:
1st I will my body to the earth from whence it came and my soul I resign to the will of the Lord who gavith it.
2nd This my will that my funeral expenses be paid and all my just debts.
3rd I will and bequeath to Martha Ann Lacy my eldest daughter the eighty acres of land, entered for James Lacy in his name and a bed and bedding, cow and a calf and four head of sheep and a saddle, in lieu of her right in the real estate and personal property in order to make it equal.
4th I will and bequeath to Felix Grundy Barnwell eighty acres of land including the dwelling house forty, being the SW 1/4 of the SE 1/4 in T 39 section 20 range 7 west and then taking forty from the north side of the NW q of the NW qu in T 39 section 29 range 7 west by running the line of division east and west, with all belonging or appertaining there unto. To have and to hold his heirs and assigns forever.
5th I will and bequeath to Mary Elizabeth, Amanda Adaline & Eliza Marinda Barnwell the remainder of the above named quarters section equally by running the lines of division east and west, and the four above named minor heirs to have their bed and bedding, cows and calves and saddles in proportion to Martha, or Money to there worth at such time as thought best for them.
6th I wish that those minor heirs be given a liberal education out of the rents and profits of the farm.
7th I will and bequeath to F.G. Barnwell one hundred dollars extra for schooling purposes.
8th I will and bequeath to Martha Ann and Lacy one hundred dollars.
9th That the remainder of the personal property be sold and equally divided between M.E. Barnwell, F.G. Barnwell, A.A. Barnwell, and E.M. Barnwell more or less.
page 26
10th and lastly, I hereby constitute R.H. Barnwell to be my executor of this my last will and testament in testimony Whereof I here unto set my hand and affix my seal this day and above date written.
I R.H. Barnwell signed the name of the testator by his request and in his presence signed sealed and delivered in the presence of the testator John Barnwell and acknowledged his last will and testament. signed David Hart and R.H. Barnwell
State of Missouri)
County of Phelps) ss
Be it remembered that on this 22th(sic) day of May 1858 personally appeared before me the undersigned clerk of the county court of the county of Phelps aforesaid Robert H. Barnwell and David Hart the subscribing witnesses to the foregoing will of John Barnwell and being by me duly sworn the said R.H. Barnwell deposes and says that he signed the name of John Barnwell the testator to the foregoing will, by his request and direction and in his presence the said R.H. Barnwell and David Hart deposes and says that the said John Barnwell produced the said will and declared the said instrument of writing to be his act and publish the same to be his last will that the said testator was at the time of publishing his said will of sound mind and more than twenty one years of age and that said deponents attested the said will as witnesses there to by subscribing their names to the same in the presence of the said testator.
R. H. Barnwell,
David Hart
sworn to and subscribed before
me the date aforesaid
In testimony whereof I here unto set my hand and private seal there being no seal of court yet provided Done at my office the 24th day of May A.D. 1858
Recorded the date last aforesaid
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I Thomas B. Fisher of sound and desposing mind being sick of body and knowing that it is the will of God that all mankind must die and having property with which God has blessed me, I wish to dispose of it in the following manner to-wit:
First, I wish that after my death that all my funeral expenses should be paid, and also all my just debts be fully paid.
Second, I give and bequeath to my beloved wife Frances Ann Fisher all my property money and effects after my just debts are paid, and it is my wish that William Blackwell, her father attend to the collecting of all debts owing to me, that may be found in notes or book accounts, and also to paying off all debts which I owe, and after collecting and paying out for me, I wish him to pay himself for his services for the said collections and paying out moneys, and pay the remainder to said Frances Ann Fisher. I desire further that there be no administration on my estate as I feel confident that my said wife will raise and take care of our children. In testimony whereof I here unto set my hand and seal this 17th day of March A.D. 1850.
Done in presence of
Jas. I Halbert & S.T.E. England
G.W. Fisher
State of Missouri) In the county court in vacation
county of Phelps) September 23rd 1858.
Be it remembered that on this day personally appeared James Ira Halbert one of the subscribing witnesses to the foregoing will and being by me duly sworn upon his oath states that he signed the same as witness there to, in the presence of the testator, and as his request and in the presence of George Fisher and S.T.E. England the two other witnesses there to and as the time there in mentioned and that he believed the testator was of sound and deposing mind at the time of signing the same, that one of this subscribing witnesses wrote the name of the testator to the with in will at the request of the testator.
sworn to & subscribed before) James I Halbert.
me the date aforesaid)
In testimony where of I Lyle Singleton clerk of the county court of the said county of Phelps (page 28)
hereunto set my hand and private seal, there being no seal of county yet provided. Done in said county the date aforesaid.
Filed and recorded the 24th day of September A.D. 1858.
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State of Missouri) Phelps county court
county of Phelps) in vacation
Be it remembered that on this 15th day of November A.D. 1859 personally appeared Mosses Norris and Ana Woolsey the subscribing witnesses to the within will of Johnathan Woolsey and being by me duly sworn according to law depose and says that the said Johnathan Woolsey the testator subscribed his name to the same by making his mark in their presence and that the said testator was at the time of publishing the same of sound mind and more than twenty one years of age. and that the said deponents attested the said will as witnesses there to by subscribing their names to the same in the presence of said testator.
Sworn and sealed before me the day and year aforesaid.
Mosses Norris)
Ana Woolsey)
In witness where of I F.M. Lenox clerk of the county of the county of Phelps have unto set my hand and affixed the seal of said court done at office in the town of Rolla the date and year above written.
Filed and recorded November 15th A.D. 1859
Last Will & Testament of Michael Dumin made, signed published and witnessed this the 4th day of January A.D. 1860.
I Michael Dumin of the county of Phelps and state of Missouri do make and publish this my last will and testament.
First. I give and divise unto my wife Rachel Dumin all of my Real Estate known as the home farm containing 320 acres situated and lying in the county of Phelps, State of Missouri on the Springfield and St. Louis road and about one and one half mile distance from the town of Dillington West, to have to hold the land with all the appurtenances there to belonging unto her so long as she shall remain my widow and if she should never Marry until her death after which her marriage or death then all said Real Estate shall be equally divided among all my legal representatives & heirs provided that when my youngest son Michael Germe Dumin shall become of the lawful age of twenty-one years then if it shall be the wish of the madam my said wife Rachel and all the heirs concerned the said farm maybe sold & deeded by my said wife Rachel & the proceeds of such sale be equally divided among all my rightful heirs.
Secondly. I bequeath to my said wife Rachel all the family utensils of all kinds about and belonging to the said farm including one two horse wagon to be her absolute property.
Third. I further bequeath unto my said wife Rachel the old mare known by the name of "Hance" together with her three colts as follows. 1st the iron gray horse known by the name of "Puss" and about five years old. 2nd the bay mare known by the name of "Poll" age about four. and 3rd the sorrel yearling colt with a blaze face to be her absolute property and further I give and bequeath unto my wife Rachel all the house hold or kitchen furniture now in the house and houses in the said farm together with all promises necessary for the support of the family may be on hand at the time of my death & all the hogs that are now on the said and also three choice milk cows to selected by her from any that may be on said farm at the time of my death.
Fourth. I do hereby inform my executor here after mentioned and created to sell and depose of all my rights title & interest to all the property in the town or addition to the town of Rolla consisting of Real Estate and personal property owned by me as a part of a company known by the firm name of Dumin Co. provided that such sales must be with in one years from the time of my death on they shall take the proceeds of such property and first pay my intended part of the liabilities of the said firm and after paying the necessary expenses of such then divide the remainder equally among my legal heirs.
Fifth. I further authorize my said executor to sell & deed all my rights, title & interest to a certain farm owned by the said company and known as the M. Cutchen farm consisting of about (160) acres situated in the said county of Phelps on the Springfield and St. Louis road about one and a half mile from the town of Rolla N.E. and they shall take the proceeds of since sale and first pay any company liabilities that may still exist, as my share of said liabilities of the Co. & the remainder shall be equally divided among my rightful heirs provided that such sale must be within the space of two years from the time of my death.
Sixth. I authorize my said executor to sell & despose of all my title and interest in the forty acres of land owned by the said company & situated or lying in the county of Phelps aforesaid in Township (37) Range (7) and section (7) and near the Abbot farm and the payment of my part of any of the company debts yet unpaid and the balance they shall divide equally among my rightful heirs.
Seventh. By Executors shall depose of any other rights or intended that I may have in the proper or interest of the said firm or if then should of made out of such other property belonging to the company then it shall be equally divided among my rightful heirs.
Eight. My said executor shall upon my death with reasonable time proceed to make a public sale at which they shall cause to be sold to the highest bidder all the personal property belonging to my individual Estate here before Expressly provided for.
The terms of such sale shall be a twelve month credit with good security on all articles or stock which shall sell for more than five dollars. All sales under that amount may be regulated as my executors may see fit and proper.
Ninth. My executors shall settle the estate of my mother now with me and they shall charge her estate the sum of two dollars ($2) per week for her board & support for the time she has boarded and stayed with me.
Tenth. I do hereby appoint and create as my sole Executors to administors & settle this my last, Will and testament: My sons John M. Dimm C.J.? Harvy Dimm.
In witness where of I have hereunto set my hand this the 4th day of January A.D. 1861.
signed declared and published by the said Michal Dumin as & for his last will & Testement in presence of us the same in his presence and in the presence of each other.
(James Gallaher
(Geo. F. Harringon
State of Missouri) In vacation of the
county of Phelps) county court
Be it remembered that on this the 5th day of April A.D. 1861 personally appeared before the undersigned F.M. Lenox clerk of the county court of the county and state aforesaid George F. Harringon and James Gallaher the subscribing witnesses to the will of Michal Dumin the testator subscribed the same in their presence and publish the said will or instrument of writing as his last will and testament aforesaid of sound mind and more than twenty one years old and that they the said deponents allocated the said will as witness there to by subscribing them there to in the presence of the said testator.
G. F. Harrington)
Jas. Gallaher)
In witness of the county court of the county of Phelps and state aforesaid I have here unto subscribed my name and affixed the seal of said at my office in the aforesaid county this the 5th day of April A.D. 1861.
Rop Probate court Monday July 7th 1856.
In the matter of the last will and)
Testament of Thomas James, deceased)
A paper writing purperting to be the last will and testament of Thomas James late of Rop/Ross? county now deceased was this day produced in open court and Owen L. Reeves, William Carson and Eliza F. Carson (the younger) the subscribing witnesses to said will and also by Owen L. Reeves and William Carson witnesses to said codicil appeared and testified to the due execution of said paper writing and their testamony being reduced to writing was by them respectively subscribed and with said paper writing filed. On motion it is therefor ordered that said paper writing and the testimony of the subscribing witnesses be received as the last will and testament and codical of Thomas James deseased and the probate court thereof.
In the name of God Amen, I Thomas James of the city of Chillicothe in the county of Rap? and state of Ohio do make and publish this my last will and testament. I make the following provisions
First for my beloved wife no lieu of her dower in real Estate or any other provision made for her by law to wit: I give and devise to her out-lots No. 37 and 41 of four acres each with my dwelling house and appurtenances situated in said city of Chillocothe to be held by her during her natural life but if I or my heirs after my death do execute or compeled to execute a contract made with the Marietta and Cincinnati Rail Road Company relative to the sale of seven acres being the whole of said out lot number forty-one and a part of said out lot number thirty-seven, then I give and devise to my beloved wife so much as may be left of said out lot numbers. thirty-seven and also my said dwelling house with the appurtenances to be held by her during her natural life, as aforesaid I do give and devise to my beloved wife all the household good, furniture, provisions and other articles necessary for house keeping. which maybe in my dwelling house on the premises appurtenanances here to at my deceased. I also give and devise to my beloved wife the sum of one thousand dollars per annum to be paid to her annually from the time of my death during her natural life by my executors and the survivors and surviver of them either from my estate, the sales of my real estate or the rents issues and profits thereof or any mode or manner from said estates as my said executors and the survivors and surviver of them shall deam expedient.
Second. I hereby authorize and empower my executors and the survivors and surviver of them to sell & convey for such prices as they shall deem proper no fee simple or for any life estate all the real estate of which I may die seized or in any way entitled situated in the said State of Ohio, or else where except the past of said real estate devised as above to my wife, which they are not to sell and convey during her life without her consent to the sale and conveyance of said part so devised to her for life then my said executors and the Survivors or sirvivor of them are hereby authorized and empowered to sell and convey the same for such prices as they shall deem proper in fee simple for any life estate the proceeds of such sale to be vested by them in such sale to be securities as they deem proper and the yearly interest, income or profit of to be paid to my wife during her life and after her death. to be desposed of as here in after provided.
Third. After my executors have paid all just debts owing by me and the expenses of administration and have provided and reserved in their hands from my personal or real estate or both a sufficient fund the interest or the rents, issues and profits where of shall be sufficient to pay and discharge the above annuity to my wife of one thousand dollars. The rest of my residue of my personal estates and the proceeds of the sales of the real estate except the part devised to my wife as aforesaid, I direct my said executors shall pay over to my children or if any of my children or if any of my children shall die then the share shall be payed over to the lawful heirs of such deceased child or children shall be paid over to such of my children as have heretofore received advances in money or other property and charged there with by me or shall after the date receive advances from me of real and personal estate by way of advance the amount of such advances hereto fore made or here after may be made without interest thereon shall be considered as a part of so much of the share of such child or children to whom such advances have or may be made and if such advances that have or may be made shall be greater than the shares of such child or children so advanced, then such advancements shall be considered as his or her share in full of my estate and I hereby charge the following of my children as being advanced by me heretofore the following sums to wit: to Abram James, six thousand dollars thirty five cents, to William James, five thousand nine hundred and three dollars eighty-four cents, to Anvil James the sum of five thousand two hundred and seventy four dollars, to Lewis James the sum of four thousand two hundred and thirty five dollars fifty six cents. To Mary Mapin the sum of Sixteen hundred dollars, to Elizabeth Dun the sum of two hundred dollars, To Charlott Bush, the sum of two hundred dollars and to Jane James the sum of one hundred dollars.
Fourth After the deceased of my beloved wife I give and devise to my children all the part of my estate reserved or held by my executors to pay the above annuity to my wife and also the proceeds of the sale of that part of my real estate, devised to my wife for life all of which is to be paid to my children by my executors as provided in the third item of this my will taking into consideration the advances that have been or may be made to my children as above provided, my plann, intention and meaning being that my children are to receive equal shares of my estate amounting on the division for such advances as I may make previsions to my death and with which I have or may charge them and If I advance to any of them any money than the shares to which any one of them maybe entitled, then they are not to receive any part of my estate, after my deceased.
Item 5th I do hereby nominate and appoint William Hey, Bond of Hamilton County, Ohio W. B. Franklin and Henry Masie of Rop county Ohio, executors of this my last will and testament, hereby authorizing them to compromise, adjust, release and discharge, in any manner as they deem proper, and claims due to me, and also do compromise, adjust, settle any pay, in such a manner as they may deem proper all debts owing by me.
In testamony whereof I hereunto set my hand and seal the 12th day of December A.D. 1851.
Signed, acknowledge and declared said Thomas James, as his last will and testament in our presence and signed by us in his presence and at his request
I the above Thomas James do hereby make and declare the following to be a codical to my above last will and testament to wit: I give and devise to my wife in addition to the devices made to her in my said last will and testament and also in lieu of her dower in my estate, the tract of land west of said adjoining the out-lot of the said city of Chillocothe, containing about one hundred eighty four acres more or less and known as "Belbrei" farm tobeheld by her during her natural life and not to be sold during that period by my said executors unless with her consent to such sale. In testamony whereof I herewith set my hand and seal this 22nd of Dec. A.D. 1851.
The State of Ohio, county of Rop ss.
We, Owen Reeves, William Carson, and Eliza F. Carson (the younger) being duly sworn depose and say that we are witnesses to a paper writing purporting to be the last will and testament of Thomas James now deceased, late of said Rop county, that he was, at the date thereof, of full age and sound mind, that we as witnesses thereto attested and subscribed our name in the presence of the said Thomas James, and of each other and that we saw him subscribed heard him acknowledge the same to be his last will and testament.
Sworn to and signed) O.T. Reeves
before me this 7th day of) William Carson
July A.D. 1856) Eliza F. Carson
We Owen T. Reeves and William Carson, being duly sworn depose and say, that we are witnesses to a paper writing purporting to be a codical to a last will and testament of Thomas James now deceased, late of said Rop county, that he was, at the time o said codical of full age and sound memory that we as witnesses thereto attested and subscribed our names in the presence of the said Thomas James and of each other and that we saw him subscribe and heard him acknowledge the same to be a codical to said last will and testament.
sworn to and signed) O.T. Reeves
before me this 7th day of)William Carson
July A.D. 1856)
Samuel F. McCoy, Probate Judge.
State of Ohio)
county of Rop)
I Samuel F. McCoy, judge of the probate court for the county aforesaid do certify that the aforegoing last will and testament of Thomas James deceased and the probate there of together with the order admitting said will to probate and ordering the same to be recorded is truly and correctly copied from the originals on file in my office and from the journal entry of said court.
(In attestation whereof I have here)
(unto set me hand and affixed the)
(seal of said court this 29th day)
of May 1857
State of Missouri)(sic)
Rop county)
I Samuel F.McCoy probate judge of said county of Rop do hereby certify that I am by law the clerk of said probate court and that my above attestation of the copies above certified by me is in due firm.
Given under my hand this 29th day of May A.D. 1857
I Jenny Gerster, of the town of Rolla in the county of Phelps and State of Missouri, being of sound mind and memory, and considering the uncertainity of this frail and transtory life, do therefore make, ordain, publish and declare, this to be my last will and testament: That is to say after all my lawful debts are paid and discharged the residue of my estate, real and personal I give and devise and bequeath as follows to-wit:
First
I give and devise unto my beloved husband Antro Gerster his heirs and assigns, forever, the following described real estate, that is to say.
1st one house and lot of which I am seized no fee, situated on the western side of Commerce Street, being one hundred and fifty feet from the tract of the Essex and Morris Rail Road lying and being in the town of North Orange, in the county of Essex and the State of New Jersey, together with all the priveleges and appurtanences there unto apputaining.
Second
I give and devise unto my said husband Antore Gerster one lot, of which I am seized no the said lot being one hundred feet in width by one hundred and seventy five feet deep lying and being sutuated on Monroe Street in said town of North Orange county Essex and State of New Jersey, together with all and singular, the priveleges appurtenances and hereit aments to said premises belonging.
To have and to hold all and every the said lands turaments and heredi taments with the appurtenances to him, the said Antore Gerster his heirs and assigns, forever.
Third
And Lastly, I give and bequeath all my personal Estate of whatsoever kind, and wherever situated, to my said beloved husband Antore Gerster, whom I have here unto set my hand this thirtieth day of June. Anno Domini 1862
Signed and declared, by the above named Jenny Gerster, to be her last will and testament in the presence of us, who at her request and in her presence have subscribed our names hereto as witnesses of the same and written oppsite our respective places of Residence.
Robt M. Case)
James E. Chavin)
John N. Tharlkill)
Filed for record the 30th day of June A.D. 1862 and recorded July 3 1862.
I Mathias Coffman of the county of Phelps, state of Missouri, being sick of body, but sound and deposing mind, having some property both real and personal that I wish to dispose of while I have the ability to do so. it is my desire that my property and effects shall be dispose of after my death as follows.
First I give and bequeath to my wife Elizabeth S. Coffman the farm I now live upon together with all the appurtanences There unto belonging or in any way appertaining o have and to hold the same during her natural life together with the house and kitchen furniture, beds, and bedding. 2nd I give and bequeath to my three sons John B. Coffman, James Miller Coffman, and Mathews Newton Coffman after the death of my beloved wife Elizabeth the real estate herein willed to my wife Elizabeth Coffman the same to be divided between the three boys as near equal as either is possible. without regard to legal lines, and should either of the boys die without any children or child being born to them then such interest in said estate shall pass to the remaining boy or boys. I also bequeath to my beloved wife Elizabeth S. Coffman all my personal property and authorize her to sell and dispose of so much there of at public sale or other wise as will be sufficient to pay my debts and funeral expenses.
I hereby appoint her the said Elizabeth S. Coffman executrix of this my last will and testament and authorize and empower her the said Elizabeth to execute this my last will and testament without having to report to the probate court or giving bond all that I require her the said Elizabeth to do with the probate court concerning this matter is to have this will filed and recorded in the probate court given under my hand and seal this 30th day of July in the year of Our Lord 1862.
Benjamin Wishon)
Isom Matlock) witnesses
Filed for record 2nd and recorded 12th day Dec. A.D. 1862
State of Missouri)
Count of Phelps) s.s.
State of Missouri)
County of Phelps) s.s.
Be it remembered that I Jackson Helterbrand does will all of my real and personal estate to my wife Lovina Helterbrand during her natural life time if she remains single, to have and to do with as she pleases under the above conditions. If in case she should marry all the property shall be divided equally among her heirs this is my last will and testament.
We attest the above the foregoing will by subscribing our names hereto as witnesses in the presence of Jackson Helterbrand the testator this 25th day of October 1862.
State o Missouri) s.s. In vacation of the)
County of Phelps) county court)
Be it remembered that on the 24th day of Nov. A.D. 1862, personally appeared before me the undersigned C.T. Walker clerk of the county court of count Phelps Harden Beckham & Lucy Herington the subscribing witnesses to the annexed will of Jackson Helterbrand and being by me first duly sworn deposited the said Jackson Helterbrand the testator subscribed the same in presence of the above and published the said will or instrument of writing as his last will and testament that he the said testator was at the time of writing and publishing his last will and testament of sound mind and more than twenty-one years old and that they the said deponants attested the same as witnesses thereto by subscribing there names thereto in the presence of said testator.
Harden Beckham)
Lucy Harington)
In witness whereof I C.T. Walker clerk of county court of the county of Phelps state aforesaid have hereunto let my hand and affixed the seal of said court this 24th day of Nov. 1862.
Filed for record Nov 24th 1862 A.D.
Recorded Dec. 13th A.D. 1862
Know all men by these presents, that I Mary Ann Elizabeth Ross of county of Phelps and the state of Missouri, being in my right mind, once last will and testament doth bequeath and will to George Washington Ross my lawful husband, being my only heir, to have all my estate which will contain two hundred acres of land with all its improvements, also sixteen hundred dollars in money, with lawful interest thereto, all other debts in Illinois due to me, also I bequeath the above and all my estates in full and George W. Ross to pay all just debts that I owe. this being my last will and testament in the presence of these witnesses o which I subscribe my name this March 3rd day in the year 1863 (changed to read 1866).
State of Missouri) s.s.
County of Phelps) In vacation of the county)
court of Phelps county)
Be it remembered that on the 13 day of March 1863 (sic) personally appeared before the undersigned C.T. Walker clerk of the county court of the county and state aforesaid John Young and Abner Watson and Thomas Rice. the subscribing witnesses to the annexed will of Mary Ann Elizabeth Ross and being by me first duly sworn depose and say that the said Mary Ann Elizabeth Ross, the said testator was at the time of sound mind, that she subscribed the same in their presence and published the same as her last will and testament, that the said deponants attested the same will as witnesses thereto by subscribing their names to the same in the presence of said testator
John Young)
Abner Watson)
Thomas Rice)
In witness where of, I C.T. Walker, clerk of the county court within and for the county of Phelps aforesaid, have hereunto set my hand and affixed the seal of said court this 13th day of March A.D. 1863,
Filed & recorded Mar 13th A.D. 1863.
I, James Semple, of the city and county of St. Louis State of Missouri, being bodily sick, but according to my own apprehension of sound and disposing mind, do make publish and declare this to be my last will and testament, vis:
1st I promise, that I am not, and have not been married, and that I never hereto fore did make a will and I do hereby give and devise and bequeath unto my brother Thomas Semple, of the county of Calhoun, State of Illinois all my right, title, interest and mortty (sic) (being the one undivided one half) of, in and to the following described real estate, situated in said state of Illinois and county of Calhoun, viz: being a certain farm containing four hundred fifty acres more or less, known as the Fry Farm, the same which Mary M.L. Miller conveyed to me and my brother Thomas in the year 1859 also the following personal property now on said arm viz: two wagons, one horse and two yokes oxens, also a tract of land situated in the county of Phelps, State of Missouri being the south half of the north west quarter of section number fifteen in Township number thirty-eight of range six west, containing one hundred and twenty acres. To have and to hold the same unto him my said brother Thomas Semple, and to his heirs and assigns forever; provided, however, that unless said farm in Calhoun county is clear of all incumbrance at the time of my decease, he my said brother Thomas, or his heirs or legal representatives shall take my interest and security (being the one undivided one-half) thereof or there in, subject to all incumbrances thereon, and shall assume and satisfy such emcumbrances, and keep my estate safe & harmless thereof,
2nd I give and bequeath unto Miss Elizabeth Henderson (daughter of the late Samuel Henderson) of the city of St. Louis, aforesaid, my barge called the "Bonny Jane" with all her anchors, cable, tackle and appertenances and all the rest and residence of all my personal property, money, goods and chattles of whatever descriptions remaining after the payment of all my just debts and the expenses of my funeral, and not included in the foregoing legacy to my brother Thomas to have and to hold the same unto her the said Elizabeth Henderson, her heirs and assigns, and to preclude any misapprehension I do further declare that this bequeath and legacy to Miss Henderson is not made subject to the payment of any debts or incumbrance which may now or hereafter exist on the real estate or any part there of herein above described to my said brother Thomas Semple -
3rd I nominate and appoint my said brother Thomas Semple, of Calhoun county, State of Illinois, and my friend William Henderson of the city of St. Louis, aforesaid, to be the executors of this my last will and testament.
In witness whereof I hereto and to a duplicate hereof set my hand and seal at the city of St. Louis aforesaid, This thirteenth day of May A.D. 1862.
subscribed, sealed, published and declared by said James Semple as, and for his last will and testament in the presence of us, who at his request and in his presence, and in the presence of us, who at his request in presence of each other have subscribed our names as witnesses thereto.
State of Missouri)
County of Phelps) s.s.
Be it remembered, that on this first day of November in the ear of our Lord 1862, before me, William F. Fergeson, judge of probate of the county of St. Louis, came John O'Neil and John Mortland, who being by me duly sworn, on their oaths say we were present and saw James Semple the testator sign his name to the preceding instrument in writing, and heard him say and publish the same to be his last will and testament, we subscribed our names as witnesses thereto in the presence of the testator, and of each other and at time of so doing, he said James Semple was of sound and disposing mind to the best of our knowledge and belief.
(John O'Neil
(John Mortland
Sworn to all subscribed before me this 1st day of November 1862
and on the same day also appeared Chittick Mortland, who being by me, W.F. Ferguson judge of the probate of the county of St. Louis, duly sworn, on his oath with, I was present and saw James Semple, the testator, sign his name to the foregoing will, I subscribed my name thereto in the presence of the testator and John O'Neil and John Mortland the other subscribing witnesses and at the time of so doing, he said James Semple was of sound and disposing mind to the best of my knowledge and belief.
Chittick Mortland
Sworn to and subscribed before me this 1st day of November 1862
State of Missouri)
county of Phelps) s.s.
I Peter A. Feldman, clerk of the probate court of the county of St. Louis, certify that the foregoing is a time copy of the last will and testament of James Semple, deceased, and the probate thereof, as the same remains now on file in the office of the Judge of Probate of the county of St. Louis and as the same now remains of record in said office in said office in the record of "Letters and Wills" Book "G" page 129
In testimony whereof I hereto set my hand and affix the seal of the probate court of the county of St. Louis, at office, in said county this 16th day of March, in the year of Our Lord 1863.
Article of Separation.
This indenture made and entered into this county 8th day of July in the year of Our Lord 1862, and between Jacob Miller of the county of Phelps and State of Missouri of the first part and Mary Cathrine Miller of the second part.
Witnesseth, whereas, unhappy diferences and disputes have arisen between the said party of the first part and his wife for which reason they have agreed to try separation and apart from each other during their natural life; now therefore the first party of the first part in consideration of the promises and in pursuance thereof doth hereby covenant promise and agree to and with his said wife that he shall and will allow and permit his aid wife to reside and be in such place and places and in such family and families as she may from time to time, choose or think fit to do and that he shall not nor will at time molest, disturb or trouble any person whom soever for brining?, entertaining or harboring her and that he will not claim or demand any of her moneys goods, clothing, household goods or furniture which the said Mary Catherine now hath in her power, custody or possession or which she may hereafter at anytime have or which shall be dismissed or given to her which she may other wise acquaint and further that the said party of the first part doth pay unto said party of the second part the sum of one hundred and one dollars and fifty cents, which the said party of the second part doth agree to take in full satisfaction for her support and maintanence and all alimony what ever and the said party of the second part doth covenant and agree to have harmless of and, from all debts by her contracted now or hereafter for witness whom the said parties have hereunto let their hands and seals this day and year above written the above is attached to the following will of Jacob Miller D.C.
Written in German on original paper.
"In the name of God Amen"
I, Jacob Miller of Rolla, Phelps county in the State of Missouri do make and publish my last will and testament.
1st My desire and request is that all my just debts be first paid.
2nd I do also give and bequeath unto my friend Rosalia Sims wife of Jacob Sims all of my personal property of whatever kind consisting in part of my two mules, colt, wagon, harness, money, and effects of what ever kind at my death.
3rd I hereby appoint my friend Emil M. Kraus my sole executor of his my last will and testament I'm witness whereof I have hereunto set my seal this 5th day of September A.D. 1863.
signed and declared by the above named Jacob Miller to be his last will and testament in the presence of us at his request and in his presence have subscribed our names as witness is thereto
State of Missouri)
County of Phelps)
Be it remembered that on this 17th day of October A.D. 1863 personally appeared before the undersigned, C.T. Walker, clerk of the county court of the county and State aforesaid, Emil M. Kaus, George H. Frank and D.R. Parsons the subscribing witnesses to the annexed will of Jacob Miller and being by me first duly sworn depose and say that the said Jacob Miller the testator subscribed the same in their presence and published the said will or instrument of writing as his last will and testament that he the said testator was at the time of publishing his said will of sound mind and more than twenty one years of age and that they the said deponants attested the said will as witnesses there by subscribing their names to the same in the presence of the said testator.
(Emil M. Kraus
(George H. Frank
(D.R. Parsons
Be it remembered, In witness whereof I, C.T. Walker clerk of the c.c. of the county of Phelps have hereunto subscribed my name and affixed the seal of said court at office in the C of Phelps 17 day Oct. 1863.
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