Jones Family legal papers - Mercer & Moniteau Co., Mo. ESTATE OF DAVID JONES I, David Jones, of the County of Mercer and State of Kentucky, being of Sound Mind and Memory do make and constitute this instrument of writing, my last will and Testament. In the first place my Just Debts and funeral expenses are to be paid by my Executors as Soon as may be after my death. (Second), I devise and bequeath all the residue and remainder of my Estate of every Kind and description of which I may be possessed, or have claimed title thereto in Law or equity to be Executor hereafter named and the Survivors and who are, hereby constituted Trustees for the purpose in Trust for the following uses and purposes that is to Say, to hold the Same for the Sole and Special use of my Daughter, Elizabeth E. Rucker the wife of Jas. W. Rucker of the State of Missouri for and during her natural life Subject to the limitations hereinafter mentioned free from the Control of the Said James W. Rucker and not to be liable in any manner for any of his debts liabilities or engagements now existing or which may hereafter exist and at the death of my Said Daughter the Said Estate or Such part thereof as may be in existence including the increase, is to be equally divided between the then living children of my Said Daughter and the child or children of any who may have died. Such child or children receiving the share which his, her or their parents would be entitled to if living. In the event any child or children of my Said Daughter Should arrive at the age of twenty one years or Should Marry during the lifetime of my Said Daughter Elizabeth E. Rucker my Executors or whoever else the execution of this will may be committed by operation of Law or otherwise are hereby authorized to make a reasonable advancement having due regard to the probable shares of Such child of the Estate herein devised of the propriety of making such advancement and the extent thereof my Said Executors are to be the exclusive Judges. In the event of making Such advancements my Executors are to place a value on the property and take back from Such child binding him or her that in the event it Should be more than an equal Share the overplus shall be refunded but without interest for the benefit of the other distributees. It is hereby declared to be the intent and meaning of this my last will that all the real Estate which I may acquire between now and my decease and all I may own at my death is to be understood as embraced in the foregoing devise to my Executors for the Trust purposes aforesaid, and whereas some of my Slaves are now in the possession of my Son in Law James W. Rucker on hire it is the meaning and intent of this writing that these Slaves or any which may hereupon be in his possession are also included in the aforesaid devise to my Executors. My Executors are instructed to Sell the live Stock household furniture & farming utensils and Such like personal property, and out of the proceeds pay my debts and funeral expenses and hold the balance for the purposes of the aforesaid Trust and my Executors are hereby authorized to Sell any Lands of which I may be possessed at my death and lay out the proceeds in other Lands or Loan the Same on Mortgaged Securities. This power is conferred on my Executors for the purpose of avoiding a State of Case which might exist of their being Compelled to rent out Land & hold it under the trust for many years under very disadvantageous Circumstances to those interested in the property. In the event of the death of the present husband of my Daughter and her intermarriage with another man one third part of the Estate herein Conveyed in Trust is to be Set apart by my Executors and held by them for the Sole and Separate use of my Said Daughter, during her life with remainder to her children as herein before provided and the other two third parts to be equally divided between Said children on the Same principle it being my intention that the present or any future husband of my Daughter shall never be vested in Law or equity with any title to any of my property. I constitute and appoint Thomas Allen of Mercer County and John J. Allen, Major M. Johnson and David Jones of the State of Missouri Executors of this my last will and Testament and the powers therein conferred on them may be executed by them or Such of them as may qualify or by the Survivors or Survivor and in the event of the death of all my Executors or their refusal to act the person or persons who may be appointed from time to time by the Court on which this will may admitted to probate is hereby authorized and empowered to do and perform any act or acts which my Executors could do or perform by their joint action. In testimony whereof, I David Jones hath hereunto Set my hand and affixed my Seal this l2th day of August A.D. l842. David Jones Signed Sealed and executed in the presence of Tho. Allen Phl T. Allen James Harlin ---------------------------------------------------------------------- ESTATE OF DAVID JONES I David Jones of the County of Mercer and State of Kentucky do hereby make and publish this Codicil to be added to my last will & Testament in Manner following to wit. In the place & Stead of Major M. Johnson of the State of Missouri I do hereby Constitute & appoint my friend Peter R. Dume of Mercer County also an Executor of this my last will & Testament & it is my will and desire this my present Codicil be annexed to and made apart of my last will & Testament. In testimony whereof I David Jones have hereunto Set my hand and affixed my Seal this 6th day of October l842. David Jones Signed Sealed & Executed in the presence of Thos. Allen James C. Westerfield ---------------------------------------------------------------------- Mercer County Sct Sept. County Court l847. The foregoing last will and testament of David James Decd. was this day produced into Court and proved by the oaths of Phil. T. Allen and James C. Westerfield witnesses thereto and ordered to be recorded. Attest Thos. Allin C.C. --------------------------------------------------------------------------------------------- File contributed for use in USGenWeb Archives by Bernadine Teague (© 1997 Bernadine Teague) USGENWEB NOTICE: In keeping with our policy of providing free genealogical information on the Internet, data may be freely used for personal research and by non-commercial entities, as long as this message remains on all copied material. These electronic pages may NOT be reproduced in any format for profit or presentation by other organization or persons. Persons or organizations desiring to use this material for profit or any form of presentation, must obtain the written consent of the file submitter, or their legal representative, and contact the listed USGenWeb archivist with proof of this consent. --------------------------------------------------------------------------------------------- DAVID JONES ESTATE Mercer County Sct. Sept. County Court l847. The last will and testament of David Jones Decd. was this day produced into Court and proved by the oath of Phil. T. Allin, and James C. Westerfield two subscribing witnesses thereto and ordered to be recorded. Peter R. Dume and the Exers in Court refuses to qualify, and thereupon Thomas Allen also an Exer. Came into Court and qualified as such and with James Taylor, Nimrod Harris & James C. Westerfield his Security Executed bond in the penalty of $25.000 conditioned & C. State of Kentucky ) Mercer County ) Sct. I Thomas Allin Clerk of the Court for the County afsd. do certify that the foregoing is a true Copy of the last will and testament of David Jones Decd. and the robate thereof as the Same Stands upon record in my office. In testimony whereof I have hereunto Set my hand and Seal of the Mercer County Court this 4th day of March l856. Tho. Allin Clk Mercer County Court State of Kentucky) Mercer County ) Sct. I Christopher Chinn presiding Judge of the Mercer County Court do hereby Certify that Thomas Allin whose name is subscribed to the foregoing Certificate is Clerk of the Court for the County afsd. and and that his Said Certificate is in due form of Law. Given under my hand this 4th day of March l856. Christopher Chinn P.J.M.C.C.