JOHN RAWLINGS LAST WILL AND TESTAMENT - HOWARD COUNTY, MISSOURI ************************************************************************ File contributed for use in the USGenWeb Archives by: Neil Smith USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, material may be freely used by non-commercial entities, as long as this message remains on all copied material, AND permission is obtained from the contributor of the file. These electronic pages may NOT be reproduced in any format for profit or presentation by other organizations. Persons or organizations desiring to use this material for non-commercial purposes, 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. ************************************************************************ Last will and testament of John Rawlings dated 11 Sep 1852, proved 6 Oct 1852, and recorded 23 Oct 1852 in Howard County MO Wills Book Volume 4, page 281, film C2847. [Transcribed exactly as written, punctuation added to improve readability. This John is the son of Thomas Rawlings, Sr.] Vol 4, page 281 I, John Rawlings of the County of Howard and State of Missouri do make and publish this my last will and testament, in manner and form following, that is to say First. It is my will that my funeral expenses and all my just debts be full paid. Second. I give and bequeath to my bloved [sic] wife Emarine Rawlings the plantation on which we now live situated in Howard county and containing about two hundred and thirty six acres, during her natural life, and also all my undivided interest in my Father's estate. Third. I give and bequeath unto my wife out of the proceeds of which I wish her to pay off my debts. I further give and bequeath to her all my slaves, stock, farming tools, household and kitchen furniture of every kind whatsoever, but it is my desire that she sell in the town of Fayette a negro man named Mack and also such other property as she may see proper to enable her to meet all demands that may come against my Estate. And at the death of my Wife all the property undivided or bequeathed to her as aforesaid, or as much there [unreadable] than remain unexpended. Fourth. I give and bequeath unto all my children share and share alike provided however that my son Levi who is in Calafornia [sic] returns and pay me or my Executor the sum of Two Hundred Dollars being near the amount furnished him as outfit, then I desire him to have an equal share as before stated, but should he fail to pay the said sum of Two Hundred Dollars, I desire that amount be deducted from his distribution share of said Estate – and lastly I hereby constitute and appoint Federal Walker Executor and my beloved Wife Emarine Rawlins, Executrix of this my last Will and Testament. In testimony whereof I have hereunto set my had and seal this 11th day of September 1852 John Rawlings {seal] Signed, published, and declared by the above named John Rawlings as and for his last will and Testament, in presence of us who at his request have signed as Witnesses to the same. Geo. H. Sexton George Watts James H. Thornton We George H. Sexton and George Watts two of the subscribing witnesses to the foregoing instrument of writing purporting to be the last will and testament of John Rawlings dec! do swear that said John Rawlings signed, sealed and acknowledged the said instrument as and for his last will and testament in our presence, that we signed subscribed our names thereto as witnesses at his request in his presence & in the presence of each other, and of the other subscribing witness thereto – and, that we blieve [sic] that said Rawlings was of sound mind at the time of signing said will so help us God. Geo. H. Sexton George Watts Subscribed & sworn to before me Oct. 6 1852 A. J. Herndon clerk Filed for record Oct 6th 1852 A. J. Herndon clerk Vol 4, page 282 Know all men by these presents that we David Pipes and Emarine Rawlings as principal and Porter Jackman and Mark Jackman as securities are held and firmly bound unto the State of Missouri in the penal sum of Eight Thousand Dollars, for the payment of which we bind ourselves, our heirs, executors and administrators jointly and severally firmly by these presents, signed and sealed on the 6th day of October A. D. 1852. The condition of the above bond is that if David Pipes and Emarine Rawlings administrators with the will annexed of the Estate of John Rawlings Deceased shall faithfully execute the last will of the Testator, pay the debts and [unreadable] as far as the assets will extend and the law directs, render just amounts and faithfully perform all things required of them as administrators by law, the provisions of said will, or the order or decree of any Court having jurisdiction, then the above bond to be void: otherwise to remain in full force. David Pipes {seal} Witness Emarine (her mark) Rawlings {seal} A. J. Herndon Porter Jackman {seal} Mark Jackman {seal} Vol 4, page 283 County of Howard The State of Missouri to all persons to whom these presents shall come Greeting. – Know ye, that the last will and Testament of John Rawlings deceased hath in due form of law, been exhibited, proven, and recorded in the office of the Clerk of the County Court of Howard County a copy of which is hereunto annexed and in as much as it appears that the executors appointed in said will have [unreadable] to qualify, and to the end that the property of the testator may be preserved for those who shall appear to have a legal right or interest therein, and that the said last will my be executed according to the request of the Testator, we do hereby appoint David Pipes and Emarine Rawlings administrators with the will annexed of the said John Rawlings deceased and authorize them as such administrators to collect and receive all and singular the goods and chattels, rights and credits, which were of the said John Rawlings at the time of his death, in whosoever hands or possession the same may be found and to perform and fulfil all duties as my enjoined upon them by said will, so far as there shall be property, and the law charge them in general to do and perform all other acts which now are or hereafter may be required of them by law. In testimony whereof I Andrew J. Herndon, Clerk of the County Court in and for the County of Howard aforesaid have hereunto signed my name and affixed the seal of said Court at office this 6th day of October 1862 A. J. Herndon clerk Recorded this 23rd day of Oct and before delivery A. J. Herndon clerk