Howard County, Missouri, will of Charles Wilkerson ==================================================================== Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by: © Linda Quinn ==================================================================== I Charles Wilkerson of the County of Howard in the State of Missouri being in sound mind and disposing memory and desiring direct how my estate shall be disposed of managed and settled after my death do make and confirm this instrument of writing. My last will hereby revoking all others. First: It is my will all my just debts be paid. Second: I give to my wife, Frances the plantation house and land where we now reside, during her life in widowhood, which is about one hundred and thirty acres of land, and in case she marry her interest therein shall cense, and It Also give to my wife to be hers - with homes to keep or dispose of the same as she may think proper all household, Kitchen furniture together with a loom and fixtures. Third: It is my will that at my death my nergo George Shall be free for which purpose my Executor is hereby dothed with authority to make the necessary arrangements to carry the same unto affect under the law of the State. Fourth: At my death my property of every description be sold in the ordinary way. That is not herein otherwise disposed of. Fifth: I give to my Daughter Elizabeth, the child of my present wife the tract of land upon which I now reside, with all the appurtenances thereunto belonging, at the Marriage or death of her Mother, Which tract of land includes about one hundred and thirty acres, which place is willed to her Mother, during her widowhood in life. I also give to my Daughter, Elizabeth choice of the mares or horses on the place at my death one-horse beast. Sixth: I give to my wife, Frances Wilkerson, a nergo woman Chaney Which was hers before our Marriage together with all her increases as well the children she now has and those she may hereafter have if any to be hers forever and neither the nergo nor her offsrpings Shall be under Charge of my Executor. Seventh: The land herein before conveyed Shall not be so construed as to include Eighty acres of land which I purchased formerly of Roland Hughes this Eighty acres of land to be sold and go into my estate for division. Eighth: I give all my children and their heirs respectively an equal portion of my estate not otherwise herein disposed of without respect to what I have previously given the oldest or to what I have herein given provided for the youngest. Namely; John Wilkerson, William Wilkerson, Margaret Stern, Charles Wilkerson, Henry Wilkerson, the heirs of Aaron Wilkerson deceased, the heirs of Nancy Elliott Deceased, and Elizabeth Wikerson, the youngest, with this special reservations as to Margaret Stern or her heirs that her interest be the same more or less Shall be interest for her or them in the hands of my Executor and at his death, it shall go into the hands of each person or Circuit Judge shall appoint to be need for him or them at the discretion of the trustee who may have Charge of said interest and not to be subject to the Control of Elam Stern. Last: I appoint my friend and neighbor, Roland Hughes as Executor. In Testimony whereof I have hereunto set my hand and seal on this 12th day of December 1853, in the presents of William C. Boon, Joseph Davis, and James A. Shirley, who have each signed their names as witnesses at my request and each one in the presents of the others. Charles Wilkerson (Seal) Witnesses: William C. Boon J. Davis Jas A. Shirley We William C. Boon and Joseph Davis the Subscribing witnesses as to the foregoing instrument of writing purporting to be the last will and testament of Charles Wilkerson since deceased, do swear that said Charles Wilkerson signed, sealed, published and declared the said instrument is and for his last will and testament in our presences and in the presences of James A. Shirley the other as witnesses at the request of Testator in his presence and in the presence of each other and of other subscribing witnesses hereto that we believe said Testator was of sound mind and of lawful age at the time of signing said will. William C. Boon J. Davis Subscribed and sworn to before me by William C. Boon on the 29th day of May, 1858 and by Joseph Davis on the 31st day of May 1858. Andrew J. Herndon, Clerk, Howard County, Court I Charles Wilkerson of Howard County MO make the following Codicil to my last will and Testament date 12th December 1853 written by Jas A. Shirley and witness by William C. Boon, J. Davis and Jas A. Shirley. 1st, The words household & Kitchen furniture in the seemed item of said will. I mean to include all the implements of industry about the house & Kitchen as well as furniture also all beds & beddings - and all my large Kettles as well as other Kitchen utensils. 2nd, In addition to the provisions made in said will for my beloved wife, Frances, I give to her absolutely one choice horse, 2 choice cows and calves, 2 choice plows with cleavis for each, double tree, 2 single trees, 2 complete sets of gear, ten choice sheep and one year's provisions for herself and family and ten choice hogs. Also my carriage and hames. The provisions for one year are to be set apart by appraisers who may be selected to appraise my personal estate. 3rd, I appoint my friend, Adam Hedrix of Fayette, MO., executor of my last will and Testament and of this codicil. The executor appointed in said will having departed this life. And I hope Mr. Hendrix will qualify as executor and carry out my provisions from will and of this codicil. Witness by hand and seal on this 1st day of July 1857, Charles Wilkerson (Seal) Witnesses by in the presence of the Testator at his request and in the presence of each other. Jo Davis Andrew Cooper James N. Feland The Testators named was written by me at his request. A. J. Herndon, Missouri, Howard County seat. We Joseph Davis, Andrew Cooper, and James N. Feland, the subscribing witnesses in the foregoing instrument of writing supporting to be codicil to the last will and testament of Charles Wilkerson deceased, do swear that said Charles Wilkerson in signed, sealed, and published, and declared the said instrument of writing to be _______ be a advised in his for his last will and testament in our presences that the name of Testator was signed by A.J. Herndon and said Testator makes his mark that me subscribed our names tends as witnesses at the request of the testator in his presences and in the presences of each other and of the other subscribing witnesses that we believe said testator was of sound mind and of lawful age at the time of the signing said will Andrew Cooper James N. Feland Jo Davis Subscribed and sworn before me by Andrew Cooper, James N. Feland The day ____ of May 1858 by Joseph Davis on the 31st day of May 1858 Andrew J. Herndon, Clerk, Howard County, Court Filed May 31st 1858 Andrew J. Herndon Know all men by these presents that we Frances Wilkerson as principal and Robt. C. Hancock, Waddy Thompson, Alexander Greenabaum, John Shofoath as securities are held firmly bound unto the State of Missouri in the pend sum of Ten Thousand dollars for payment of which well and turly to be made sol bind ourselves our heirs Executor and Adminstrator and according firmly by these presences sealed and dated on this 5th day of June AD 1858 The condition of the above bond is that of Frances Wilkerson with the will and the adminstrator of the estate of Charles Wilkerson deceased, shall faithfully ______ said Estate according to the provisions of the said will account for pay and delivered all money and property of the said estate and perform all things tracking said adminstrations acquried by law or order of the decease of any Codicil having jurisdiction, then this bond to be void, otherwise remain in full force Witnesses________ Frances Wilkerson (Seal) Waddy Thompson (Seal) Alex Greenabaum (Seal) John Shofoath (Seal) Robt. C. Hancock (Seal) Filed June 5, 1858 A.J. Herndon, Clerk