Wills of Stoddard Co. MO - Probate Court Depositions on Will of William O. Knight- Book A pg.46-51 ***************************************************************** File contributed for use in the USGenWeb Archives Compiled and submitted by © 1999,2000, Connie Perkins ------------------------------------------------------------------------- USGENWEB NOTICE: 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, 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. ------------------------------------------------------------------------ *************************************************************************** Record Book of Wills in the County of Stoddard, Missouri Book A, pgs. 46-51 Probate Court Depositions on Will of William O. Knight Stoddard district County court transacting Probate business September 8 AD 1858 October 19 AD 1858 7th day of Terms. Estate of William O. Knight deceased the Court having heard all the Testimony offered in this cause and having fully advised of .... concerning the same doth consider and a judge proof is sufficient and that Will is Sufficiently proven to be the last Will and Testament of the Said William O. Knight deceased and doth now here admit the same to probate and order Said will to be properly certified and recorded by the Clerk of this court. I Reuben P. Owen Clerk of the District County Court in and for the county of Stoddard in the State of Missouri do certify the forgoing to be a true copy of the order or Judgement of Said county Court admiting to probate the Will and testament of William O. Knight deceased as the same appears of Record now remaining in my office I Testimony Here of. I have here unto signed my name and official Seal of said Court at office in Bloomfield County & State Aforesaid this 19th day of October AD 1858. Reuben P. Owen Clerk ............... probate the will of William O. Knight pg. 47 Personally appeared in open court Samuel H. Flournoy of Lawful age who being duly Sworn deposes and Says he was present at the execution of this will my name is here Signed to this Instrument as a Subscribing witness was as aforesaid and Saw William O. Knight put his hand upon the pen and Dr. Smith made the cross at same time. I Subscribed my name as a witness the will was read over in the presence of Said Night. I asked him if he knew the character of the instrument or what he was signing and he Said yes I then asked him how Long he had contemplated willing his negro to his Mother he Said a long time I asked him how old he was answered he was 38 years past. I then asked do you Know how long you have been sick --he said a one year or more I asked him if he knew Dr. Smith he Said yes pointed to him. The question was asked him where did you live before you came to this Country he Said in Kentucky beyond Hills Point. I asked him if he had any relation in this Country he answered Oh yes-- he named Several persons Adrain Owens, Picket Owens, Reuben Owens I asked him if he knew James O'Dell he answered yes Sir and Said O'Dell was his Nephew Some questions were asked him in relation to his Sister Amanda Jane O'Dell. He was then asked which was the older of the two he Said She is I asked him if he knew what year this is he Said no Sir, he was asked if he knew his Letters. I do not recollect what his response was a little brick was handed him afterwards and the letters were pointed to by Dr. Smith and he was asked if he knew them he knew a majority of the letters pointed out. He was asked if he could count 30 do not recollect what his answer was he commenced and counted as far as ten correctly. I asked him these questions to ascertain whether he was compasmintes. I also asked him more questions to ascertain whether he was capacitated or qualified to execute the instrument. we asked him about the Stock his Mother owned he Said She had 8 head of Stock 2 Steers the balance cows and heifer. Asked him how Old was Sam he Said about 11 years younger than himself. Question who was present at the time the will was executed. Ans. No person but my self and Dr. Smith was present and Mr. Phelan was William O. Night present at the time you signed this instrument. Ans. Certainly he was in the room. Qust. Was the will read................................... Pg. 48 and hearing before he Subscribed it. Ans. Yes it was. Qus. What did Night say about the will at the time he Signed it. Ans. He Said that he wanted to give what he had to his Mother. Qus. Did he State that this writing was his will. Ans. Yes he Stated it was his will. Qus. Are you acquainted with Medical Juris Prudence and particularly Mould Aberration. Ans. I have read Becks and Rays Medical Juris Prudence but not recently. Qust. Are they not deemed the best authors on this Subject. Ans. Yes they are the Standard Authors. Qus. From your examination of Night do you know Suise to be of Sound mind and Capable of making a will. Ans. I always recognized him as being a person of weak understanding but upon that occasion he appeared be Sensible of what he was doing and my impression is as was at the time that he knew what he was doing and of Examination. Qus. How long had you been at Mr. Night's before this paper was presented. Ans. I suppose half an hour. Qus. Who asked you to Sign this. Ans. Wm. G. Phelan. Qus. Where was Night at the time Wm. G. Phelan asked you to Sign this paper. Ans. He was in the room on his bed. Qust. How far was you from Night at the time you was requested to Sign the Will. Ans. About two or three feet. Qus. How far was you from Night at the time you Signed it. Ans. Four or five paces. Qus. The last time you Saw him before you Signed was his face or back toward you. Ans. His face was toward me. Qus. At the time you signed your name to this will what distance was Night from you. Ans. I was West from him. Qus. From the time that you was requested to sign your name to this will untill you did do it did Night say anything to you about it. Ans. Not that I recollect of. Qus. Did you hear William O. Night request any one to write his name to this paper. Ans. No sir. Qus. Did you hear him Say that this paper was his will. Think in those words. Ans. He said this is my will. Qus. Who put the question to him (Night). Ans. I did and I don't know but what Dr. Smith did also Qus. What caused you to ask him whether this was his will or not. Ans. Because I wanted to Know his motive or object in what he was doing. Qus. Was you called there that day as a Physician. Ans. I had been attending him prior to that time but not that day especially called as a Physician. Qus. Pg. 49 how did it happen that you was there that day. Ans. It was by request. Qus. Who requested you to go. Ans. William G. Phelan. Qus. For what purpose. Ans. He Said that William O. Night was going to make his will and wanted Dr. Smith and Myself to go out. Qus. Did anyone else Say anything to you about going out there. Ans. Yes several. David Crytes, Dr. Hamford asked David Crytes and myself where we were gong Crytes answered going hunting. Qust. Where did you and Mr. Crytes go that day. Ans. We went to Mr. Nights do not know whether it was on this occasion or not that the will was executed. Qust. Did you and Mr. Crytes take two trips out there upon the business of executing wills. Ans. I was there with him upon two occasions. Qus. Was Mr. Crytes at Nights at the time this will was executed. Ans. He was. Qus. Was he in the room at the time it was executed. Ans. No he was not. Qust. Do you Know where Mr. Crytes was at the time this will was executed. Ans. He was on the place. I don't know where about. Qust. Did you See Mr. Crytes and Mr. Wm. O. Knight in company that day before the execution of the will. Ans. I Saw him in his company. Qust. Was it the first trip made or was it on the Second trip that this will was executed. Ans. On the last trip. Qust. Did Wm. O. Knight make and execute a will when you made your first trip. Ans. He did. Qust. How long was that before this paper we hold here was executed. Ans. Something near a week. Qust. Was there any other person male or female present that day. Ans. Mrs. Chappel, Mrs. Knight & Some woman I don't know what her name was & probably some others. Qust. Did you have any conversation on your first trip to see Wm. O. Knight with Mrs. Knight in regard to the will of William O. Knight. Ans. I don't recollect having any conversation with Mrs. Knight in regard to the Will -- I had a conversation with her in regard to the Wm. O. Knight's condition. He was in ill health. Qust. Did you have any conversation with Wm. O. Knight on that occasion about his will. Ans. Wm. O. Knight executed a will at that time. Qust. What did Wm. O. Knight say about his will that time. Ans. After Reading the will to him I asked him if he knew what it was what was the object of this writing he answered it was his will. Qust. Did he said anything else about it during your {covered} pg. 50 upon that occasion. Ans. Dr. Smith and myself did not make any special investigation relative to his to his capacity at that time. It was late in the evening and not many questions were asked him except in Relation to his health. When the Will was presented it was read to him Either by Dr. Smith or myself and the question was asked him if he knew what it meant or the object of the Writing and he answered it was his will---- Qust. What was the condition of his mind at that time. Ans. He was quietly disposed, I did not perceive that he was laboring under any Special aberration of mind at that time more than usual. I do not know that it could be termed aberration of mind but naturally of weak understanding or intellect. Qust. What disposition did he make of his property In this will that you Speak--- Ans. He gave what property he had to his Mother with the exception of five dollars to his Sister I am not certain whether it was one or five dollars---- Qust. Who was present when the first will was executed. Ans. William G. Phelan & Mrs. Night Qust. Was David Crytes there Ans. He was on the place but not in the room Qust. Was Mr. Crytes in the room that day before the execution of that will. Ans. I did not see him in the room. Qust. Was he in the room afterwards that day. Ans. I do not recollect of seeing him in the room that day. Qust. Did you hear Mrs. Night talking to William O. Night that day about the will. Ans. I did not. Qust. Did you hear her saying anything about his will to him after the will was executed. Ans. Not personally to him. I don't recollect whether anything was said or not because we left soon after. Qust. Had you heard her say any thing to him before executed either of the will spoken of. Ans. No sir I had not seen her for several months previous to that time. Qust. Did you hear Mrs. Night say anything to him between the time of executing the first and pg. 51 the Second will about this Will. Ans. No for I had not seen her. Qust. Immediately after the execution of this first will did you hear Mrs. Night make any remarks about the will. Ans. I do not recollect my remarks especially about the will for it was late and we left immediately. Qust. Have you heard Mrs. Night make any remarks about Night's will since the execution of the last one. Ans. Yes I have. She and myself have had several conversations about it. It seemed to distress her to think that there was any probable cause of Sam's being kept in bondage. Qust. Did Mrs. Night ever say anything to you about the condition of William's Mind. Ans. She Said she thought he was competent to make a will. Qust. Who is this Mrs. Night that you have been speaking of. Ans. The Mother of William O. Night. Qust. Did William O. Night live with his Mother at the time of the execution of this will Ans. Yes certainly. Qust. Did you ever hear Mrs. Night speak to any person about the capacity of William to make a will. Ans. She maintained the idea that he was competent this was since the execution of the last will. Signed - G. H. Flournoy Sworn to and Subscribed before the undersigned Clerk of the District County Court of Stoddard County Mo. This in open Court. Reuben P. Owen, Clerk © This page created and placed here by: Connie Perkins cpfamilyhistory@worldnet.att.net November 01, 1999 for MOGenWeb