Last Wills of Osage County, Missouri - James South 223 James South of Osage County, Missouri Last Will and Testament of James South of Benton Township in Osage County Missouri Know all men by these Presents that I, James South of Mendora in the County of Osage State of Missouri considering the uncertainty of this life and being of sound mind and memory do make and declare and publish this my last will and testament. First I give and bequeath unto my sons and daughters, William F - John T - Pelina Anne - Nancy J - Lurania - Rebecca J - all of my Real Estate and Personal Property - Situated in Linn and Benton Townships, Osage County, State of Missouri to be divided equally between them. Second Should any debts have to be paid from my Estate that I am now security for or may here after become security for any of my sons or daughters or my daughters husbands then the amount paid in that way shall be and is counted as that much on the share of the one for whom it is paid. Third The above Real Estate must not be sold for five years after my death but must be and the rents divided equally between the above named sons and daughters, except what is required from time to time to keep the Real Estate in ordinary repair, the Executor having power to rent and do necessary repairing. Fourth I do nominate and appoint Charles E Penning and Wm F South to be the Executors of this last will and testament. On testimony where of I have to this my last Will and Testament contained on one sheet of paper subscribes my name and set my seal this twenty second day of May on the year of our Lord, One Thousand Eight Hundred and Ninety Three. James South X his mark (LS) George E Cortz witness to mark Signed Sealed declared and published by the said James South as and for his last Will and Testament by presence of us who at this request and in his presence and in presence of each other here subscribed our names as witnesses here in. John Topel and F H Vonbehren residing near Mendora, Mo.(now St Aubert) Proof of Will State of Missouri In the Probate Court County of Osage Be it remembered , that on this the 26th day of December AD 1894 before me Eru Zevely Judge of the Probate Court held in and for the County and State afore said personally appeared F H Vonbehren and John Topel who are the subscribing witnesses to the annexed Will of James South deceased and bring by me first duly sworn depose and say that the said James South, the testator subscribed the same in their present, and published and declared said Will or instrument of writing to be his last Will and Testament and that at the time of signing the same, the said testator was of sound and disposing mind and more than twenty one years of age and that said deponents attested said Will as witnesses there is by subscribing their names to the same in the presence of the testator and of each other and at the request of the said testator. F H Vonbehren and John Topel Witnesses Sworn to and Subscribed before me this 26th day of December AD 1894 EM Zevely Judge of Probate Certificate of Probate I Eru Zevely Judge of Probate Court of Osage County, We having examined the foregoing and here in attached instrument of writing purporting to be the last Will and Testament of James South Deceased, late of said County and signed by said Deceased and having heard up on their oaths the testimony of F H Vonbehren and John Topel the subscribing witnesses to said Will or instrument in relation to the execution of the same do here by declare and judge said instrument to be the last Will and Testament of said Deceased and the same is there for admitted to Probate. In witness where of I here unto subscribe my name and affix my seal in vacation at my office in Linn Missouri on this the 26th day of December 1894 Eru Zevely Judge of Probate. Probate Confirmed in Open Court March,1895 Eru Zevely Probate Judge Brief sketch of James South This James South was born in 1826 in Shelby County, Illinois and was the son of Doctor William South (born 1799 in Washington Co Kty) and Nancy Sawyer South. James Souths grandparents are John South and Jane Mason of Pleasant Run, Washington County, Kentucky. Married in Wash Co 1798 (Wayne County Kty 1801-1811) Nancy Sawyers father was Charles Sawyer. William South and Nancy Sawyer were married in Hardin Co Kentucky before 1820, while Dr William South was receiving some medical training. He joined his father John South in Shelby Co, Illinois in 1826 where James South was born in a cabin. James moved to Missouri when he was 14 with his parents and they parents moved to Hopkins Co, Tex about 1844. James South (18) remained in Osage County and married Rebecca Robinson, daughter of Fountain Robinson in 1849, Osage County Missouri. James South is buried in the South Cemetery named after him in Osage Co, Mo ==================================================================== USGENWEB NOTICE: In keeping with our policy of providing free information on the Internet, data may be used 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 for presentation by other persons or organizations. Persons or organizations desiring to use this material for purposes other than stated above must obtain the written consent of the file contributor. This file was contributed for use in the USGenWeb Archives by: Ron Houghtelin ====================================================================