Franklin County MO Archives Wills.....Gregory, Roderick R. April 6, 1874
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File contributed for use in USGenWeb Archives by:
Jo Lee Gregory Spears spearsjlg@nc.rr.com May 23, 2009, 10:43 pm

Source: Franklin Co., Mo Recorder's Office Vol 11 Page 535
Written: April 6, 1874
Recorded: September 2, 1875

	In the name of God, Amen:
	I, Roderick R. Gregory of the County of Franklin in the State of Missouri being
of sound mind and memory but conscious of the uncertainty of life and the
certainty of death, hereby expressly revoking all former wills by me made, do
hereby make and declare the following to be my last will and testament:

	1st, I give and devise to my beloved wife, Sintha, for the term of her natural
life all not herein otherwise disposed of, of the land and premises to me
belonging, situated, lying and being on the waters of Long Branch in the county
of Franklin and State of Missouri, said land and premises being the same on
which I now reside and I also give and bequeath to her the said Sintha, for and
during the term of her natural life all my live stock and all my household and
kitchen furniture (except 1 piano) and all my farming implements and all my
corn, wheat, oats, hay, bacon, poultry and provisions, that shall be on the
premises, hereinbefore devised to her, at the time of my decease, and also one
wagon and the harness used therein and also one spring wagon and harness used
therewith, now on my said premises and I also give and bequeath to her the said
Sintha $500.00 in money to be paid to her by my executors hereinafter appointed
and I do also give and bequeath to her the said Sintha all the profits that may
be derived from the leasing of all of the real estate now owned by me in the
town of Washington in the County of Franklin in State aforesaid during her
natural life and I hereby direct my said executors to lease my said property
from time to time during her life in such manner as shall be most to her
advantage and to collect and pay over to her own use all rents that they may
receive for said property situate in said town of Washington during her life and
I also give and bequeath to my wife Sintha one half of  all the profits that may
be derived during her life from the renting of the following lands and tenements
to-wit: The East 1/2 of Lot No. 2 Northwest of Section 4 Township 41 North of
Range 2 west of the 5th P.M. said property being situate in the County and State
aforesaid and I hereby direct my executors hereinafter appointed to lease said
property from time to time during her life in such manner as shall be most to
her advantage and to collect and pay over  to her own use 1/2 of all rents, that
may accrue for and on such leasing during her life.

2nd.  I give and devise after the death of my wife Sintha so much of the lands
and premises on which I now reside as are herein before devised to the said
Sintha for the term of her life, to Mary N., wife of Joseph L. Gregory and my
granddaughter and her heirs forever said Mary N. to take and to hold the
premises at and after the death of the said Sintha to her the said Mary N. and
her heirs forever.  I also give and bequeath to the said Mary N. and her heirs
forever the sum of $3000.00 to be paid to her by my executors hereinafter named,
out of my estate and I also give and bequeath to my said granddaughter Mary N.
wife of Joseph L. Gregory my piano and one gold watch and seal and one side
saddle now belonging to me and I also give and bequeath to the said Mary N. the
1/2 of such rents of the East 1/2 of Lot 2 Northwest 1/4 of Section 4 in
Township 41 North of Range 2 West situate in the county and state aforesaid as
shall accrue from the leasing of the said property as my executors are
hereinbefore directed to lease the same, to be paid to her in like manner as the
other half of such rents are hereinbefore directed to my wife Sintha.  I also
give and devise to the said Mary N. and the heirs of her body at and after the
death of my wife Sintha, all the said lands and premises situate in said
township 41 North of Range 2 West in the county and state aforesaid to have and
to hold the same to her and her heirs of her body forever, and I also give and
bequeath to the said Mary N. and after the death of my wife Sintha all the
personal property hereinbefore bequeathed to my wife Sintha for the term of the
life of said Sintha, and it is my desire and will that so much of the personal
property as is hereinbefore bequeathed absolutely to the said Sintha as shall at
the death of said Sintha remain undisposed of by said Sintha, shall at and after
the decease of the said Sintha go to the said Mary N. and her heirs forever. 
And it is my will that my executors should and I hereby direct them to account
for and pay over to Mary N. wife of Joseph L. Gregory and daughter of Elisha B.
Jeffress, out of my estate the amount of a certain donation made to the said
Mary N. by the general assembly of the State of Missouri shortly after the death
of the said Elisha B. Jeffress with interest thereon from the time the same came
into my hands at the rate of 10% per annum to be paid by my said executors in
American gold.

3rd.  I give and bequeath to my grandson Edward G. Nalley when he shall marry or
attain the age of 21 years to have and to hold the same during his life and
after his death to his heirs of his body if he shall die leaving issue, and if
he die without issue living, and with a wife living, then to such wife of the
said Edward G. Nalley the sum of $3000.00 to be by my executors paid to the said
Edward G. Nalley upon his marriage or when he shall attain the age of 20 years
and after his marriage or after he shall attain the age of 20 years, his receipt
to the said executors shall be a  good discharge of said executors from all
liability upon account of said bequest, and if the said Edward G. Nalley die
before marrying or before attaining the age of 20 years, or if after marrying he
die leaving no child nor wife living at the time of his death then said sum of
$3000.00 shall go to and be divided equally among such of my heirs as may at the
time of is decease be living.  And I hereby direct my executors to loan said sum
of $3000.00 on good real estate security from time to time until the same shall
become due and payable according to the terms of the foregoing bequest to the
said Edward G. Nalley and to collect the interest thereon annually and annually
pay the said interest to the guardian of the said Edward G. Nalley for said
Edward G. Nalley.

4th. I give and bequeath to Virginia S., Mary F. and Martha W. Gregory and
Sintha M. wife of John N. Purvis, and Nathaniel Ney Davidson son of Minerva,
wife of Robert B. Davidson, heirs and lineal descendants of my deceased son John
T. Gregory, the sum of $3000.00 in money to be paid to them at the death of
Agnes B. Gregory widow of my said deceased son and until the death of said Agnes
B. Gregory it is my will and I hereby direct that my executors loan out the said
sum of $3000.00 on good real estate security, collect the interest thereon
annually and pay such interest to the said Agnes B. Gregory and I hereby give
and bequeath such interest of said sum as the same shall accrue as aforesaid to
the said Agnes B. Gregory but if the said Agnes B. Gregory should die before the
said Nathaniel Ney Davidson, shall attain the age of 21 then his share of said
sum of $3000.00 shall not be payable to or for him until he shall attain the age
of 21 years but during the continuance of his minority after the death of the
said Agnes B. Gregory the interest on his share of said sum shall be payable to
his guardian for him and if he die before attaining the age of 21 years then his
share of said $3000.00 shall go to my heirs, and I also give and devise to Agnes
B. Gregory during her natural life and at and after her death to the heirs of
John T. Gregory deceased (said heirs being hereinbefore named) the following
described land described to-wit:  The Southwest 1/4 of the Northwest 1/4 of the
Northeast 1/4 of Section 29 in Township 44 Range 2 West land by my former will
dated May 3, 1871 (which will is hereby revoked) given to the said Agnes B.
Gregory during her natural life and at  her death to the same persons, who are
hereinbefore named as heirs of John T. Gregory deceased being by me now made for
the reason that since the making of my said former will I have sold all the
remainder of the land thereby given to said Agnes B. and said heirs of John T.
Gregory deceased, for cash, and have since said sale given and delivered the
purchase money received by me for said land, less $100.00 thereof retained by me
to pay back taxes thereon, to the said Agnes B. Gregory, the amount so given by
me to said Agnes B. Gregory as aforesaid being the sum of $1700.00.

5th.  If after my decease Maria and Betsy, two of my former slaves now living
with me, shall during the life of my wife Sintha remain with and serve her as
they have heretofore served her the said Sintha and myself, then at the death of
my wife Sintha I give to the said Maria and Betsy the following described tract
of land to-wit:  A certain tract of land being a part of the premises on which I
now reside and bounded as follows, to-wit:  Commencing at Henry Rikers northwest
corner thence running north to the nearest corner of a tract of land belonging
to one Handing; thence East to said Handing's southeast corner; thence south to
a little stream of water called Long Branch, thence up said stream to the first
fork thereof, thence up the right hand prong of said stream to the mouth of a
lane running east and west between my said premises and the premises of John
Elbert, thence Westward along the south side of my said premises to the place of
beginning, each of them the said Betsy and said Maria to have and to hold an
undivided 1/2 of said premises last above described to herself and the heirs of
her body if there be no such (and I devise the same land to said Maria and Betsy
during my wife's life) heirs then the same shall revert to my heirs.

6th:  I give and devise to my nephew Joseph L. Gregory and to his heirs forever
a certain tract of land situate in the county and state aforesaid described as
follows to-wit:  The East 1/2 of the Northeast 1/4 of Section 30 Township 44
Range 2 West containing 80 acres more or less.

7th:  I give and bequeath to my great grandchild Byron A. Gregory infant son of
my granddaughter Mary N. and her husband Joseph L. Gregory my gold watch and
chain, ordinarily used by myself.

8th:  The devises and bequests hereinbefore made to my wife Sintha, are made in
lieu of her dower and in lieu of all her rights under the administration laws of
this State into or out of my personal estate.

9th:  It is my will and I hereby direct that my executors herein after appointed
shall erect a good and substantial fence of cast iron fencing around 1/2 of an
acre of ground where and on which my children and other family connection are
buried, said fence to be put on a good substantial rock foundation and that
after my decease, I be buried within the space to be enclosed by said fence  and
on the west side and near the center of the west side of said space and that
after the decease of my wife Sintha, she shall be entered there by my side and
that my said executors cause a suitable monument to be erected over the grave of
each of us and they shall cause our graves to be enclosed by a square iron fence
of cast iron fencing large enough to enclose the two graves and set upon a
suitable foundation, the whole to be by them paid out of my estate.

10th:  I hereby direct my executors to keep my property in the town of
Washington aforesaid and my property known as the Spring Creek Mills and my
dwelling house in which I now reside, insured in some good and solvent insurance
company or companies against loss or damage by fire or lightning as long as such
property shall remain under their management under the provisions of my will,
the cost thereof to be paid out of my estate.

11th:  I hereby direct my executors to sell as soon after the death of my wife
Sintha as the same can be done without sacrifice of the property all my
aforesaid property situate in the aforesaid town of Washington on the following
terms to-wit:  One half of the purchase money to be paid down in cash, at the
time of the sale, and the balance in 12 months thereafter such balance to be
secured by a deed of trust upon said property known as the Gregory House, before
making such sale they shall advertise said property for sale in such manner as
shall be most likely to give notice to my heirs of their proceedings in the
matter of such sale and to secure a good price for said property and the power
of said executor to make such sale shall be and is hereby made and declared to
be the subject to the approval of the probate court of the County of Franklin
aforesaid, when said executors shall have given notice and make sale of said
property under the foregoing power, they shall report their proceedings to said
probate court and if the same be approved by the said court such sale shall be
valid under said power, and they may execute a proper conveyance of my estate in
said property that I may have at the time of my decease and the proceeds of such
sale shall be distributed among and to my heirs equally and I hereby give and
bequeath such proceeds of such sale to all my legal heirs equally share and
share alike.

12th:  I do hereby give and bequeath to my said grandson Edward G. Nalley all
the balance and remainder of my personal estate not hereinbefore otherwise
disposed of to be paid last after and after all the foregoing provisions of this
my last will are carried into effect so that is shall clearly appear what such
balance and remainder of my personal estate shall be.  This bequest is made
subject to the same conditions and to be managed in the same manner after the
amount of such balance shall be ascertained as my prior bequest hereinbefore
made to the said Edward G. Nalley.

13th:  And lastly, I do hereby constitute and appoint Joseph L. Gregory and J.
W. Booth both of the county of Franklin and State of Missouri to be executors of
this my last will and testament with full power to do all things necessary and
proper for the carrying into effect all and singular the provisions of this my
last will and testament.

[On May 26, 1874 R.R. Gregory's wife Sintha died.]

In the name of God, Amen:  I, Roderick R. Gregory of the county of Franklin in
the State of Missouri being of sound mind and memory do make, publish and
declare this my first codicil to my last will and testament which said last will
and testament bears date and was by me made published and declared to be my last
will on the 5th day of April, in the year of our Lord 1874 and it is my will
that the provisions, devises and bequests and all and singular the matters
herein contained shall be taken and held to be a part of my said  last will and
testament and that this codicil shall control the said will.  It is my will that
upon my decease my granddaughter Mary N. wife of Joseph L. Gregory shall take
and I hereby devise and bequeath to her and her heirs all the estate and
property, real and personal and of all description whatsoever that she might
have taken (under my said last will) at the death of my late wife Sintha had I
died after the execution of the said last will, and before the death of the said
Sintha, and I do hereby give and devise to the said Mary N. and to her heirs,
all and singular the real estate, lands and premises that was by me by said last
will and testament devised to the said Mary N. and the heirs of her body at and
after the death of my then wife Sintha.

June 13, 1874
R.R. Gregory

Sept. 2, 1875 In vacation Book C. page 194
Now at this day come J. L. Gregory and J. W. Booth executors of the estate of
R.R. Gregory deceased and file here in court an inventory and appraisement of
said estate.

Transcribed by Ralph Gregory.
Retyped and submitted by Jo Lee Gregory Spears


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