Wills: James McWaters, 1896: Zumbrota, Goodhue Co., MN Contributed for use in USGenWeb Archives by Christina Alexander- bambamca@yahoo.com / http://www.members.tripod.com/bambamca ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permissionto the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net ************************************** Goodhue Co., MN LDS US/Can Film 1379162 James MCWATERS Book of Wills Vol. B Pages 429-431 Surnames BEVERS, GROVER, HALLER, LUNDQUIST, MCCLURE, MCWATERS, POWERS Page 429 In the name of God, Amen; I, James MCWATERS of the Village of Zumbrota, in the county of Goodhue and State of Minnesota, being of full age, and sound and disposing mind, and memory, do make, publish, ordain and declare this instrument by me, subscribed to be my last will and testament, that is to say: First- I direct that my funeral expenses and all my just debts be paid without unnecessary delay and that as soon after my decease as practical a suitable and proper monument be erected on my burial lot. Second- I do give and bequeath to my wife Esther MCWATERS, the sum of One hundred dollars per year for and during the term of her natural life, such sums to be paid in yearly instalments of One hundred dollars each. Provided however, that in case my said wife shall again marry then the payment of said moneys shall cease from and after the date of such marriage. I do also give and bequeath to my said wife the use and possession of my homestead for and during the term of her natural life. Provided that in case my said will shall again marry then the right to the use and possession of said homestead shall cease. Third:- I do give and bequeath to my son George MCWATERS the sum of Seven hundred dollars. Fourth- I do give and bequeath to my grand son Robert MCWATERS, the sum of five dollars. Fifth- I do give and bequeath to my daughters Lillian GROVER, Ida M. POWERS and Mary E. MCWATERS each the sum of four hundred dollars. Sixth:- I do give and bequeath to my son John MCWATERS Page 430 The sum of two hundred dollars, I having already advanced him sufficient money and property to make his share equal to that of my other heirs and legalees herein mentioned. Seventh:- I do give and bequeath to my son William MCWATERS, the sum of fifty dollars, I having already advanced him sufficient money and property to make his share of my estate fully equal to that of my heirs and legalees herein mentioned. Eighth- In case my estate shall not be sufficient to fully pay the legacies hereinbefore provided for, then the same shall be paid in the proportions aforesaid. Nineth: All the rest and residue of my property and estate, after the payment of the moneys hereinbefore provided for, I do give, bequeath and devise to my children, share and share alike. Tenth:- I do hereby nominate and appoint William P. BEVERS, now residing in the Village of Zumbrota, ad the County of Goodhue and State of Minnesota to be the sole executor of this my last will and testament, and I do hereby revoke all former wills and testaments by one ever at any time heretofore made. In witness whereof I have hereunto subscribed my name, and affixed my seal on this twenty ninth day of December, in the year of our Lord eighteen hundred and ninety six. Jams MCWATERS The above written instrument was subscribed by the above named James MCWATERS in our presence, and he at the same time published and declared the said instrument to be his last will and testament; and we at the said testators request, and in his presence, and in the presence of each other have signed our names as witnesses hereto and written opposite our names our respective places of residence. P.J. LUNDQUIST Red Wing, Goodhue Co., Minn J.C. MCCLURE Red Wing, Goodhue Co., Minn Page 431 Certificate of Probate State of Minnesota County of Goodhue SS In Probate Court In the matter of the estate of James MCWATERS deceased Be it remembered, that on the day of the date hereof, at a Special term of said Probate Court, pursuant to notice duly given, the Last Will and Testament of James MCWATERS late of said county of Goodhue, deceased, bearing date the 29th day of December 1896, and being the annexed written instrument, was duly proved before the Probate Court in and for the County of Goodhue aforesaid; and was duly allowed and admitted to probate by said Court according to law; as and for the Last Will and Testament of said James MCWATERS deceased, which said Last Will and Testament is recorded, and the examination taken thereon filed in this office. In testimony whereof, the Judge of the Probate Court of said County hath hereunto set his hand, and affixed the seal of the said Court at Red Wing in said County, this 17th day of January A.D. 1899. Axel HALLER Judge of Probate Transcribed 10 April 2000 by Christina Alexander- bambamca@yahoo.com http://www.members.tripod.com/bambamca