Wills: John Daniel, 23 Mar 1852, Platte Twp, Buchanan Co. MO Contributed for use in USGenWeb Archives by GwendolynPlyler@ij.net *************************************************************** 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 permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net *************************************************************** I the testate have lived till old but in as good health as common, and my mind strong and proper I think to regulate my worldly affairs as follows, setting all former wills aside. In the name of God Amen. First of all I desire that my body be decently buried according to my manner and custom of living and all funeral expenses paid. Second, I will all my just debts be paid. Third, I give and bequeath unto my beloved companion Elizabeth Daniel the northeast quarter of section no. twenty of township fifty five of range no. thirty three, the place on which I now reside, containing one hundred an twenty acres, also the west half of quarter section no. seventeen township fifty five of range no. thirty three for the said Elizabeth Daniel to have and to hold with all the appurtenances as thereunto belonging undisturbed whilst the said Elizabeth keeps her name Daniel, or remains my widow. The above named land and premises. At the end of the said Elizabeth's widowhood or natural life for my son James T. Daniel to heir the same lands. also give and bequeath unto the said Elizabeth all my household and kitchen furniture, two work horses, two sets of gear, two milk cows, two ploughs, two asses and all of my hogs, subject to the following conditions. If the said Elizabeth marry, the foregoing personal property shall revert to my estate to be equally divided between my three sons, William Owen, and James Daniel. If the said Elizabeth shall not marry, at the end of her life the above named personal property shall be equally divided between the named sons. I give and bequeath unto my son Henry H. Daniel the southeast quarter of section nineteen in township fifty five of range thirty three containing one hundred and forty acres. I also give and bequeath unto my son William Daniel the northwest quarter of section no. twenty of township fifty five of range thirty three. I also give and bequeath unto my son Owen Daniel the northwest quarter section nineteen of township fifty five of range thirty three, also the south half of the southwest quarter of section twenty one in township fifty five of range thirty three. I also give and bequeath unto my son Warner W. Daniel the east half of quarter section twenty eight in township fifty five of thirty three. I also give and bequeath unto my son John Daniel Junior five dollars over and above what I have give him. I give and bequeath unto my grandson Francis M. Williams five dollars. I give and bequeath to my grandchildren, the heirs of Jeremiah Daniel the sum of five dollars each over and above what I have give the said deceased. I give and bequeath unto my said daughters, Elizabeth Wise, Malinda Hite, Sarah Maddox, Nancy Tinsley, Melitty Madox, Emeline Clanton two hundred dollars each when my money is collected, over and above what I have give each one. I give and bequeath to my sons William, Owen and James Daniel five hundred dollars to school them. I appoint Henry H. Daniel and Warner W. Daniel executors to my last will and testament in testation of the same I set my hand and fix my seal the 23rd March 1850. John Daniel Attest: R.A. Conn Luda (X) Martin George (X) W. Swinn D.N. Gilbert State of Missouri County of Buchanan Be it remembered that on this 27th day of May in the year of our Lord one thousand eight hundred and fifty two before the undersigned Judge of the probate court within and for said county in vacation personally appeared Richard Conn and being by me first duly sworn upon his oath, says that John Daniel signed his name to the foregoing instrument of writing as his last will and that said John Daniel at the time of said signing was over the age of twenty one and of sound mind and that the said Richard A. Conn subscribed his name thereto as a witness in the presence of the testator. R.A. Conn Subscribed and sworn to before me this 27th day of May AD 1852 Joseph I. Wyatt, Judge of the probate court of Buchanan county. State of Missouri County of Buchanan Be it remembered that on this 24th day of July in the year of our Lord one thousand eight hundred and fifty two before me the undersigned Judge of the probate court within and for said county in vacation personally appeared David M. Gilbert who being by me duly sworn on his oath says that John Daniel deceased, signed the annexed instrument of writing as his last will in his own proper hand that said testator was over the age of twenty one and of sound mind and that said deponent signed his name to said instrument in the presence of the testator as a subscribing witness. D.M. Gilbert Subscribed and sworn to before me this 23rd day of July AD 1852 which by me is deemed together with the testimony of Richard A. Conn heretofore given is deemed sufficient to establish said will and a certificate of probate is granted. Joseph I. Wyatt, ProbateJudge State of Missouri County of Buchanan Morgan Dryden upon application for letters of administration upon the estate of John Daniel deceased, being by me the undersigned Judge of the probate court within and for the said county first duly sworn, says that he will make a perfect inventory of the estate of said deceased and faithfully execute the last will of the testator, pay the debts and legacies as far as the assets will extend, and the law direct, enter just accounts, and faithfully perform all things required by law touching such executorship. Morgan Dryden Subscibed and sworn to before me this 23rd day of July AD 1852. Joseph I. Wyatt, probate judge Know all men by these presents that we Morgan Dryden as principal, and John Dryden and Ludy Martin as securities are held and firmly bound unto the state of Missouri, in the sum of five thousand dollars for the payment of which we bind ourselves, our heirs, executors and administrators, firmly by these presents, sealed with our seal, and dated this 23rd day of July AD 1852. The condition of the above bond is that Morgan Dryden, administrator with the will annexed, of the estate of John Daniel deceased, shall make a perfect inventory of the estate of said deceased and faithfully execute the last will of said testator, pay the debts and legacies as far as the assets will extend, and the law direct, render just accounts, and faithfully perform all things required by law touching such administration. Morgan Dryden Attest John Dryden Joseph I Wyatt ;X Martin