Wills of Stoddard Co. MO -Horner, John H. - Book B pg. 73-76 ***************************************************************** 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. 73-76 In the name of God Amen: I John H. Horner of the county of Stoddard, in the State of Missouri, being of Sound mind now but knowing the uncertainty of live do declare this my last will & Testament. 1st I will that after my death that my Mother Mary Horner now residing in Perry County in the State of Tennessee if she lives longer Than I do the sum of Fifty dollars be paid to her out of my estate. 2nd I will that Mary Jane Whitwell be paid the sum of Five Hundred dollars for the care she has taken of me during my live, that is provided she lives longer than I do. 3rd I will that Albert Sidney Whitwell, Margareth Emiline Whitwell & Marselle A. Whitwell have in equal shares all the following real estate Situate in the county of Stoddard & State of Missouri (to wit) The South half of the North West quarter & the North half of the North half of the South West quarter of Section Number Twelve (12) & the South East quarter of the North East quarter and the North East quarter of the South East quarter of Section number Eleven (11) also a certain part of the South West quarter of the North East quarter of section number twelve (12) beginning at the North West Corner of Said tract of land, ... South with the boun...{word covered} pg. 74 dary line to the South West corner of said tract of land thence East with the boundary line thirty Roads, thence in the North Westerly direction to the northern boundary line of said land intersecting said line twenty Roads due East of the place of beginning thence west with said boundary line to the place of beginning, all in Township number Twenty Eight, North, Range number ten (10) East. 4th I will that my brothers Elias Horner, and Levy Horner and George Horner and my Sisters Elizabeth Warren & Sarah Craig each shall receive the same of Ten dollars $10.00 in full of their Share in my Estate. 5th I will after all my debts are paid, and all legacies herein created are paid, That Albert Sidney Whitwell & Margrath Emiline Whitwell & Marsell A. Whitwell have all my personal property notes accts moneys & effects belonging to me of any kind whatsoever. 6th I hereby appoint Willis H. Whitwell executor of this my last Will & Testament. John H. Horner Witness present Jacob Kappler John L. Baker State of Missouri, County of Stoddard For the county Court January Term A.D. 1877. January 22nd A.D. 1877. First day of the Term. Jacob Kappler comes into open Court and being duly Sworn says that he was present and saw John H. Horner Sign his name to the annexed instrument of writing, and the Said John H. Horner declared the same to be his last will and Testament That he the said John H. Horner at the time of publishing his said will was of sound mind and more than twenty one years of age and that he the said deponent attested the said will as a witness thereto by subscribing his name to the same in the presence of Said Testator and at his request, and that John L. Baker the other subscribing witness, attested the same at the request of the testator by subscribing his name to the Same in the presence of the testator and in the presence of this deponent on or about the 30th day of December 1876. Jacob Kappler Sworn to and subscribed before me this 22nd day of January A.D. 1877 P.G. Wilson Justice County Court State of Missouri, County of Stoddard For the county Court. January Term A.D. 1877. January 22nd A.D. 1877 first day of the Term. John B. Baker comes into open Court and being duly Sworn says that John H. Horner published the annexed instrument of writing as his last will and Testament, declared to this deponent that he signed the same That he the said John H. Horner at the time of publishing his said will was of sound mind and more than twenty one years of age, that this deponent attested said will as a witness thereto by subscribing his name to the same in the presence of Said Testator and at his request, and in the presence of Jacob Kappler the other subscribing witness to said will, on or about the 30th day of December 1876. John L. Baker Sworn to and subscribed before me this 22nd day of January A.D. 1877 P.G. Wilson Justice County Court Stoddard County court transacting Probate business January Term A.D. 1877. Monday January 22nd A.D. 1877 First day of the Term. Estate of John H. Horner deceased. Now comes Willis H. Whitwell and presents to the Court the will of said deceased for Probate and the Court having heard all the testimony offered in this cause, and having fully advised of and concerning the same, doth consider and adjudge that said proof is sufficient and that said will is sufficiently proven to be the last will and testament of the said John H. Horner 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. State of Missouri County of Stoddard I R. W. Christy Clerk of the County Court in and for said County do hereby certify the above to be a true perfect and complete copy of the order of our said County court in the matter of the probate {word covered} pg.76 the will of John H. Horner deceased as the same appears of record now remaining in my office. In Testimony whereof I have hereto set my hand and affixed the seal of our said County Court at office in Bloomfield this 22nd day of January A.D. 1877. R.W. Christy Clerk By Stephen Chapman, Deputy Filed for record January 22nd 1877 and recorded in Register A of Last Wills & Testaments at pages 73 to 76 R.W. Christy Clerk By Stephen Chapman, Deputy {It is actually filed in Book "B" pages 73-76} Book C, pg. 133- Letters of Administration