Wills of Stoddard Co. MO - Cary, Harrison G. O. - Book B pg. 160-163 ***************************************************************** 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 B, p. 160-163 Will. I Harrison G.O. Cary of the city of Zanesville in the county of Muskingum and State of Ohio do make and publish this my last will and testament hereby revoking any and all former wills by me made or executed. First-- I desire and direct that all my Just debts and funeral expenses be paid in full. Second-- After the payment of my debts, I devise and bequeath to my beloved wife Matilda A. Cary the residue of my estate both real and personal, wherever situated, together with all my goods, rights, chattels, credits, chases in action or possession, and all other property belonging to me of every description whatsoever. Third- I desire and request that my said wife Matilda, will render to any one or more of my relatives - at such times and in such ways as to her way seem best such assistance as in her Judgement may be desirable, and this request is in no way to be considered or construed as mandatory, but is to be acted upon only as the Judgement of my said wife - in whose discution and desire to fulfill my wishes I have the fullest confidence -- shall dictate. Fourth, I hereby nominate and appoint my said wife, Matilda A. Cary Executrix of this my last will and testament, and I request and direct that she be permitted to execute the trust hereby reposed in her without executing any bond and without making any appraisement of my estate. In witness whereof I hereto set my hand and seal this 13th day of March A.D. 1879. H.G. O. Cary Signed and published by said Harrison G.O. Cary as and for his last will and testament in our presence and signed by us in his presence, at his request as witnesses thereto. T.J. Terry George F. Russell Codicil I Harrison G.O. Cary of Zanesville, Ohio do make and declare the following to be a codicil to my last will and testament Dated March 13th A.D. 1879. Pg. 161 1st. I hereby direct that my executor or administrator shall pay to my sister L. Helen Lockwood of Ofabachicals, Florida the sum of Two hundred and forty four dollars and thirty eight cents ($544.38). I also direct that in the count of the demise of my said sister Helen before the execution of this will or the payment of the above named sum that the same be paid to my sister Augusta C. Lawson. In case of the demise of my said sister Helen and my sister Augusta before the execution of this my will, I direct that the above named sum shall be paid to my surviving sisters or their heirs as my wife Matilda A. Cary may direct. 2nd Having made provisions for my four sisters Clara Isabella Barron, Frances G. Thompson, Augusta C. Lawson and L. Hellen Lockwood to the extent of my ability. And Satisfied the obligations into which I entered with them (with the exception of the above amount to my sister Hellen) and in view of the misconstruction that might be put on item third of my said will, and in order that my wife Matilda A. Cary may be unembarrassed thereby. I hereby revoke and cancel item 3rd of my said will which relates to providing for any relations. In witness whereof I hereto set my hand and seal this twenty second day of August A.D. 1890. H.G.O. Cary Signed and published by said Harrison G.O. Cary as and for his last will and testament in our presence and signed by us in his presence at his request as witnesses thereto. W.A. Miller Laura Swait In Probate Court Monday September 28th 1891. In the matter of the last will and testament and codicil of H.G.O. Cary, deceased. Partial Probate of Will and Codicil This day the last will and testament with codicil thereto, of H.G.O. Cary late of Muskingum County Ohio, deceased, were produced in writing in open court and personally pg. 162 came T.J. Terry, one of the attesting and subscribing witnesses to said will and W.A. Miller one of the attesting and subscribing witnesses to the codicil therto, who were duly sworn and examined according to law, touching the execution of said will and the codicil thereto respectively. And whose testimony was reduced to writing and filed herein: And it appearing to the court that Laura Swait the other of the attesting and subscribing witnesses to the codicil to said will is not presnt in open court. It is now ordered that the further hearing on the application to admit said will the codicil thereto to Probate be and it is hereby confirmed. Geo. L. Foley Judge In the Probate Court Tuesday September 19th 1891. Probate of the will and Codicil In the matter of the last will and testament and codicil of H.G. O. Cary, deceased. This day the last will and testament with codicil thereto of H.G.O. Cary deceased was agin produced in writing in open court and personally came Laura Swait the other of the attesting and subscribing witnesses to said codicil to said will, who was duly sworn and examined according to law, touching the execution of the same and whose testimony was reduced to writing and filed herein. And Matilda A. Cary to widow of said testator and Augusta C. Lawson, Clara Issabella Barrow and Frances W. Thompson the rest of Kin of said testator residing within the state of Ohio, having filed herein their acceptance of notice of the application to admit to Probate said will and the codicil thereto. And consented to the Probate of the same on such day as the Probate Judge shall please. And in appearing to the court from the testimony herein that said pg. 163 will and the codicil thereto were duly executed and attested and that the said testator H.G.O. Cary deceased was at the time of the execution of the same respectively, of full age, of sound and disposing mind and memory, and free from any restrain. It is now by the court ordered that said will and the codicil thereto be and they are hereby admitted to Probate, and that the same together with the testimony of the witnesses, and this the former entry herein be duly recorded. Geo. L. Foley Judge State of Ohio Muskingum County Probate Court I Geo. L. Foley sole Judge and Ex-officio clerk of the Probate court, within and for the county aforesaid do certify the foregoing to be a true copy of the last will and testament with codicil thereto of H.G.O. Cary late of Muskingum County, Ohio deceased together with the orders of said court admitting the same to Probate and record therein as the same appears from the records and files of said court. In testimony whereof I have hereunto set my hand and affixed the seal of said court at Zanesville this 28th day of December A.D. 1891. Geo. L. Foley Probate Judge and Ex-officio Clerk The State of Ohio, Muskingum County Probate Court I Geo. L. Foley sole Judge of the Probate court of Muskingum County, within and for the state of Ohio, the same being a court of law and record, do hereby certify that the signature attached to the foregoing certificate purporting to be that of Geo. L. Foley is his genuine signature and that he was at the time thereof Ex-officio clerk of said Probate court and that the attestation of said clerk is in due form of law and by the proper officer.. Witness my hand and the seal of said court at Zanesville this 28th day of December A.D. 1891. Geo. L. Foley Probate Judge Recorded this 18th day of January 1892.