Wills of Stoddard Co. MO- Albert Kilmer - Book D pg BkD102 .txt **************************************************************** 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 D Will 102 {This is a form page, the words written in italics are the handwritten words} LAST WILL AND TESTAMENT Know all men by these presents that I, Albert Kilmer, of the county of Stoddard, State of Missouri, aged thirty-one years, being of sound and disposing mind and memory do make, ordain and publish this, my last will and testament, hereby revoking all other wills by me heretofore executed. First: It is my will that all my just debts, due and owing by me at my death be paid by my executor, hereinafter named, as speedily as practicable after my decease. Second: I recommend to my said executor that he cause to be erected at my grave a simple monument suitable to and commensurate with the value of my estate. Third: I give bequeath and devise to my beloved wife, Rosa A. Kilmer, all my estate of which I may die seized, real, personal and mixed wherever situate, for and during her life, with power to use, sell, convey or dispose of any part thereof, whether principal or income for her support, maintenance or any purpose she may deem fit and proper. Fourth: After the death of my said wife, Rosa A. Kilmer, I give, bequeath and devise all the rest, residue and remainder of my said estate remaining undisposed of by my said wife during her life to my father-in-law, Calvin Norman and to the heirs of his body, share and share alike. Fifth: I hereby appoint my said father-in-law, Calvin Norman, executor of this my last will and testament and request that he be not required to give any bond for the execution of this will. Sixth: I hereby authorize and empower my said executor and my wife Rosa A. Kilmer, to sell, convey and dispose of said estate or any part thereof in such manner as may best carry out my desires herein before expressed with respect to the use and enjoyment of my estate by my said wife, Rosa, hereby authorizing them to jointly execute and deliver any and all conveyances contracts or other instrument necessary to effectuate the purposes of this will, and to manage and deal with my said estate in said manner and in all respects as if the same was the individual property of my said executor and my said wife, Rosa. In witness whereof I have hereunto set my hand and affixed my sel this 4th day of September, A.D. 1909- Albert Kilmer We the undersigned, attest the above and foregoing last will and testament of Albert Kilmer, by subscribing our names hereto as witnesses in the presence of said Albert Kilmer, the testator, this 4th day of September, 1909. Henry S. Shaw, Dexter, Mo. Joshua Hanks, Dexter, Mo. /pg. 2/ Commission to Prove Will State of Missouri County of Stoddard The State of Missouri to any court having a seal or the Judge thereof or Justice of the Peace, or any Notary Public, Mayer, or Chief Magistrate of any city or town having a seal, in the city of St. Louis, Missouri, Greeting: Know ye, that we hereby empower you to cause to come before you at the time and place to be by you appointed, Henry S. Shaw, attesting witness to the annexed instrument of writing, purporting to be the last will and testament of Albert Kilmer, deceased, and to then and there examine him, the said Henry S. Shaw on oath, touching his knowledge of the execution of the said instrument, and of the condition of the mind of the said Albert Kilmer at the time of the execution and publication of the same as his last will and testament. The examination thus taken, you will reduce to writing and cause the same to be subscribed and sworn to by the said Henry S. Shaw and thereupon you shall certify the same under your hand to M. Walker Cooper, Judge of our Probate Court of said County. In witness whereof, I, M. Walker Cooper, Judge of the Probate court, have hereunto set my name and affixed the seal of said court at Bloomfield, Missouri on this 18th day of October, 1918. M. Walker Cooper, Judge of Probate Court Return of Commission to Prove Will State of Missouri County of City of St. Louis Before Pleasant V. Wilson, a Notary Public, within and for the City of St. Louis, Missouri. In pursuance of the authority to me given by the annexed commission issued by the Judge of the Probate Court within and for the county of Stoddard and State of Missouri I did, on the 22nd day of October, A.D. 1918, cause to come before me in the City of St. Louis and State of Missouri Henry S. Shaw, who being by me duly sworn deposeth and says that he was present and saw Albert Kilmer sign the foregoing instrument of date September 4th, 1909 purporting to be the Last Will and Testament of him the said Alber Kilmer and heard him publish and declare the same to be his Last will and Testament, and that at the time of signing the same the said Albert Kilmer was of sound and disposing mind and that this deponent and Joshua Hanks, the other attesting witness subscribed their names thereto as witnesses to the same in the presence of the testator, and of each other, and at the request of the said testator, who was more than 21 years of age at the date of so declaring and signing said instrument, and further deponent saith not. Henry S. Shaw Sworn to and subscribed in my presence this 22nd day of October A.D. 1918. And I do hereby certify that the testimony of the said Henry S. Shaw was by me reduced to writing, and by him subscribed in my presence on the day and year, and at the place above written, and his test..{word covered}/pg. 3/ so by me taken and certified, is herewith returned. Pleasant V. Wilson Notary Public My Commission expires Jan 19" 1921 - PROOF OF WILL STATE OF MISSOURI County of- Stoddard In the- Probate -Court of Stoddard county, Missouri BE IT REMEMBERED, That on this -30th -day of- August -, in the year of our Lord One Thousand Nine Hundred and- eighteen, before me - M. Walker Cooper, Judge - of the-Probate -Court, held in and for - the County of Stoddard -and State of Missouri, personally appeared -John Hanks - who being duly sworn upon - his -oath, depose-s - and say-s -that -he -w - as -present and saw -Albert Kilmer - sign the foregoing instrument, of date -September 4th - 19 -09 - purporting to be - - the Last Will and Testament of h -im - the said - Albert Kilmer - and heard -him -publish and declare the same to be h - is - Last Will and Testament, and that at the time of signing the same, the said -Albert Kilmer -was of sound and disposing mind, and that th -is - deponent - - and - Henry S. Shaw - other attesting witness - - subscribed their names thereto as witnesses to the same in the presence of the testat -or - and of each other, and at the request of the said testat -or - who was more than 21 years of age at the date of so declaring and signing said instrument. Joshua Hanks Sworn to and subscribed before me, - M. Walker Cooper, Judge -of the-Probate -Court, the day and year first aforesaid. M. Walker Cooper, Judge of Probate CERTIFICATE OF PROBATE STATE OF MISSOURI County of-Stoddard -}In the-Probate -Court-of Stoddard County, Missouri I, -M. Walker Cooper, Judge - of the-Probate-Court-Stoddard -County, Missouri, having examined the foregoing instrument purporting to be - - the Last Will and Testament of - Albert Kilmer - deceased, and signed by said - Albert Kilmer - deceased, late of-Stoddard -County,-Missouri -and having heard the testimony of -Henry S. Shaw - and - Joshua Hanks -subscribing witnesses thereto, in relation to the execution of the same, do declare and adjudge said Instrument is- - the Last Will and Testament of said -Albert Kilmer - deceased, and the same is therefore - admitted to probate. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court at office this - 23rd- day of -October - 19-18 M. Walker Cooper, Judge of Probate /pg. 4/ LETTERS TESTAMENTARY STATE OF MISSOURI County of-Stoddard To all to Whom these Presents shall come--GREETING: Know Ye, That the last will and testament of - Albert Kilmer - deceased, late of-Stoddard - County, Missouri, hath, in due form of law been exhibited, proved and recorded, in the office of the -Judge - of the Probate Court of-Stoddard -County, Missouri, a copy of which is hereunto annexed; and Inasmuch as it appears that -Calvin Norman - ha -s - been appointed execut -or -in and by said Last Will and Testament, to execute the same, and to the end that the property of the said Testator may be preserved for those who shall appear to have a legal right or interest therein, and that the said Last Will and Testament may be executed according to the request and instruction of the said Testator, we do hereby authorize -him - the said - Calvin Norman - as such Execut-or -, to collect and secure, all and singular the goods and chattels, rights and credits, which were of the said - Albert Kilmer - at the time of h -is - death, in whosoever hands or possession the same may be found; and to perform and fulfill all such duties as may be enjoined upon -him - by said Last Will and Testament, so far as there shall be property and the law charge -him - ; and in general to do and perform all other acts which are now or may be hereafter required of -him - by law. IN TESTIMONY WHEREOF, I - M. Walker Cooper, Judge - of the Probate Court in and for said County, have hereunto signed my name and affixed the seal of the said Court at office in- Bloomfield, Missouri-this - 23rd - day of -October -, A.D. 19-18 M. Walker Cooper, By- Judge -of said Court. EXECUTOR'S BOND, or Bond of Administrator with Will Annexed. No Bond Required © This page created and placed here by: Connie Perkins cpfamilyhistory@worldnet.att.net November 01, 1999 for MOGenWeb This site is a part of the Stoddard County Missouri web site, hosted by: Mary Hudson mahud@fidnet.com If you have a problem with this site, please contact Mary Hudson and/or Connie Perkins This Page sponsored by Rootsweb Return to: Stoddard County Web Site Since November 01, 1999 You are our visitor -- thanks for stopping by!