Macon County MO Archives Wills.....Durham, Edwin Milton September 4, 1902 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/mo/mofiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Jennifer Dorner dorner@comcast.net November 9, 2009, 12:11 pm Source: Probate File, Folder 3858, Macon County, Mo Written: September 4, 1902 P. 1 Last Will and Testament. Being of sound and disposing mind and uninfluenced by any person or persons, I do herewith make final disposition of all my real and personal estate belonging to me now or of which I may hearafter (sic) be possessed and I do hereby bequeath all of said real estate being --- home situate on lots one (1) two (2) three (3) and four (4) Block three (3) Davis and Lesters Addition Town of La Plata Mo together with any and all personal property which I now own t my wife Viola Durham (nee Stout) and enjoin her against the disposition of any part of my estate for the use of or benefit of any other person or persons who as relations might claim interest in my property. Her watchful care of me in all our married life deserves all that I can now do for her and I do hereby appoint her my sole executress without bond. Edwin M. Durham We attest the above and foregoing by subscribing our names in the presence of Edwin M Durham the testator this 4th day of September 1902. E.M. Gates Geo. O. Saul ------ P. 2 Application for Letters of Administration state of Missouri ) County of Macon ) ss. In the Probate Court of Macon County, Missouri. In the matter of E.M. Durham (otherwise known as Edwin Milton Durham) dec'd Viola Durham says that, to the best of her knowledge and belief, the names of the heirs of the said, E.M. Durham, deceased, and their places of residence, are respectfully as follows: Viola Durham, widow of dec'd who resides at La Plata, in the State of Mo.; Mrs. Alice Moore, sister of dec'd, who resides at Clarence in the county of Shelby in the state of Mo. See Will No children were ever born to dec'd. That the said E.M. Durham died on the 13th of December, A.D., 1907, with a will that this affiant will make a perfect inventory of, and faithfully administer all the estate of the deceased and pay the debts as far as the estate will extend and the law direct, and account for and pay all assets which shall come to her knowledge and follow the directions of the Probate Court and if a will the requests of the maker thereof. Mrs. Viola Durham Subscribed and sworn to before me this 27th day of December, AD 1907 M.A. Ronj--, Probate Judge -------------- P. 3-4 Executors or Administrator's Inventory, Certificate and Affidavit. Inventory Inventory of all the Real and Personal Estate of Edwin M. Durham deceased, late of Macon County, Missouri, describing the quality, situation and title of the Real Estate, the books and papers, the debts due to the said deceased, the names of the debtors, the dates of the contracts, the amount of interest due, and the rate of interest thereon, and all personal property of whatsoever character. Made by Viola Durham, Executor of Will of said deceased, and A.S. Ray, W.J. Biggs, and J. M. Emert witnesses appointed to aid in making the same. Cash in La Plata Savings Bank $442.80 Cobblers Tools Stock in Shop 25.00 Real Estate Lots 1-2-3-4 Block 3 Davis & Lester Addition to La Plata, Mo Except 60 ft off E. end of Said Lots Now at this day comes Viola Durham, Executrix of the last will and testament of Edwin M. Durham, deceased and present her accounts and vouchers for her final settlement and charges and credits herself as follows, to wit: Month Day Year Debit Credit 6 4 1909 To balance due last settlement $300.67 2 17 1909 By Executrix's commission on $467.80 @ 5% 23.39 " Court costs this settlement 5.20 " Atty fee 5.00 " Balance 267.08 $300.67 $300.67 This Executrix would state that she fully administered said estate and has collected all assets and paid off and discharged all debts against said estate and given due notice of her intended settlement; that by the terms of the last will and testament of Edwin M. Durham, she is the sole legatee and is entitled to the full residue of the estate both real and personal. Wherefore she ask that said settlement be taken and made final and that the residue of the estate both real and personal be ordered into her hands as legatee and that she be finally discharged. ------------------------ P. 5-6 State of Tennessee ) County of Rhea ) Pursuant to the authority given by the annexed commission issued by the Judge and Clerk of the Probate Court of Macon County Missouri, I, M.S. Holloway, a Notary Public, within and for said County of Rhea, did on the 10th day of January 1908 cause to come before me at Spring City in Said County George O. Saul, who being duly sworn, on his oath states that Edwin M. Durham the testator, signed his name to the writing and annexed to the commission hereto attached, as his last will and testament. That the said Edwin M. Durham was of sound mind at the time of the execution of said instrument and that he, the said George O. Saul subscribed his name as attesting witness in the presence of Edwin M. Durham and at his request; and that Edwin M. Durham signed, published and declared said annexed instrument to be his last will and testament, in the presence of him, George O. Saul and E.M. Gates, the other attesting witness, and that the said Edwin M. Durham was past the age of 21 years at the time he executed said instrument as his last will and testament. Affiant further states that on information and belief, the Said Edwin M. Durham died a resident of Macon County Missouri. Geo. O. Saul Sworn to and subscribed before me this 10th day of January 1908 by George O. Saul and I hereby certify the that the foregoing testimony was my me reduced to writing and by him subscribed in my presence on the day and year and at the place above written, and his testimony so by me taken and certified is herewith returned. M.S. Holloway, Notary Public File at: http://files.usgwarchives.net/mo/macon/wills/durham68gwl.txt This file has been created by a form at http://www.genrecords.org/mofiles/ File size: 6.6 Kb