Wills of Stoddard Co. MO- James D. Aslin- Book D pg BkD 109txt **************************************************************** 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 109 {This is a form page, the words written in italics are the handwritten words} LAST WILL AND TESTAMENT In the name of God, Amen. I, James D. Aslin, of the county of Stoddard in the State of Missouri, age fifty-six years, being of sound mind and memory, do make and publish this my last will and testament, as follows: (1) I request that my funeral be conducted under the direction of my beloved wife and children. (2) I request that a suitable monument or stone be placed at my grave to mark my final resting place, the cost of which shall be considered as funeral expenses. (3) I request that all of my just debts be paid out of my personal estate, if possible, and I hereby expressly authorize my executor, here in after named to sell at public or private sale, the whole or as much of my real estate as may be sufficient to pay all of my just debts. (4) I request that forty acres - the south part of the south west quarter of the south west quarter of section nine (9) and the north part of the north east quarter of the north west quarter of section sixteen (16), al lin township twenty-six, range eleven, in Stoddard County, Missouri (being the land, south of the Public Road on the north on which my dwelling house is situated) shall be set apart for the use of my beloved wife, Hettie Aslin, and any minor children that may be living at the time of my death as a home for my said wife so long as she remains my widow, cares for my minor children, if any there be, and so long as she conducts herself that will not bring reproach upon my beloved children, then it is my will that she shall no longer be entitled to the use of any of the above described premises. Then all of my minor children if any, shall occupy and have the free use of said premises until they shall attain the age of twenty one respectively unless they shall marry before reaching said age and in that event, the use of said premises shall be occupied and enjoyed by the balance of my minor children until they shall all become of age. After they have all become of age, then this forty acres shall be divided equally between all of my beloved children, just as all of my other lands are divided. (5) I request that my beloved wife, Hettie Aslin, shall have the use /pg. 2/ of all my household goods, two working horses or mules of her choice and of the stock that I own at the time of my death, two cows, two hogs and the necessary feed and provisions for one year, or its equivalent, and should any of this property be undisposed of at her death or for any of the causes mentioned in paragraph four (4) of the will, then the same shall be the absolute property of all of my beloved children. (6) I give and bequeath all the rest of my property, both personal and real, to all of my beloved children, viz: Murtie Ann Southerland, Elmer W. Aslin, Mamie Ellen Evans, Vern A. Aslin, Bonnie F. Aslin, Ernest C. Aslin, Soda Marie Aslin and Thern Huiton Aslin or their heirs, to be equally divided between them, and also the forty acres above described, and personal property, if any, shall become the absolute property of all of my beloved children, above named, or their heirs, after they shall all become of age and after the death of my beloved wife as after she has been deprived of same for any of the causes mentioned in paragraph four (4) of this will. I appoint my son, Elmer W. Aslin, executor of this my last will and testament, revoking all former wills by me made, and I authorize and empower my said executors in the settlement of my estate and of any debts due me to compromise such debts, and if he thinks it advantageous to my estate to accept in satisfaction less than full amount thereof. In witness whereof, I have hereunto subscribed my name, this 22nd day of May, A.D. 1917 James D. Aslin The foregoing instrument was at the date thereof signed and declared by the said James D. Aslin to be his last will and testament, in the presence of us, who, at his request and in his presence, and in the presence of each other, have subscribed our names as witnesses thereto. V.W. Moran E.A. Moseby Wiley W. Walker P.S. The total number of acres of land that I now own are 175 more or less, in sections 9, 16 and 17, all in township 26, range 11 East, in Stoddard county, Missouri, as shown by warranty deeds recorded in said land records in said county. James D. Aslin /pg.3/ State of Missouri County of Stoddard On the 24th day of February, 1919, before the undersigned M. Walker Cooper, personally appeared Elmer W. Aslin, who being duly sworn, says that the best information and belief of affiant James D. Aslin died testate at Bloomfield, Missouri on the 22nd day of February, 1919, leaving as his heirs at law Hettie Aslin, widow of deceased, Murtie Ann Southerland, Elmer W. Aslin, Mamie Ellen Evans, Vern A. Aslin, Bonnie F. Aslin, Ernest P. Aslin, Sodie Marie Aslin and Thern Wesitor Aslin, children of said deceased. Elmer W. Aslin Sworn to and subscribed before me, this 24th day of February, 1919. M. Walker Cooper Judge of Probate PROOF OF WILL STATE OF MISSOURI County of- Stoddard In the- Probate -Court Stoddard County, Missouri BE IT REMEMBERED, That on this -24th -day of-February -, in the year of our Lord One Thousand Nine Hundred and-nineteen , before me -M. Walker Cooper, Judge - of the-Probate - Court, held in and for - the County of Stoddard -and State of Missouri, personally appeared - V.W. Moran and Wiley W. Walker, two of the attesting witnesses - who being duly sworn upon -their -oath, depose- - and say- -that - they -w - ere - present and saw - James D. Aslin - sign the foregoing instrument, of date -May 22nd - 19 -17 - purporting to be - - the Last Will and Testament of h -im - the said - James D. Aslin - 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 -James D. Aslin -was of sound and disposing mind, and that th - ese - deponent -s - and -E.A. Moseby -the 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. V.W. Moran Wiley W. Walker 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 - James D. Aslin - deceased, and signed by said -James D. Aslin - deceased, late of-Stoddard - County,-Missouri -and having heard the testimony of -V.W. Moran - and - Wiley W. Walker - 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 -James D. Aslin - 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 -24th - day of -February - 19-19 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 -James D. Aslin - 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 - Elmer W. Aslin - 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 - Elmer W. Aslin - as such Execut-or -, to collect and secure, all and singular the goods and chattels, rights and credits, which were of the said - James D. Aslin - 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 - 24th - day of -February -, A.D. 19-19 M. Walker Cooper, By- Judge -of said Court. EXECUTOR'S BOND, or Bond of Administrator with Will Annexed. We, - Elmer W. Aslin - as Principal and -W.T. Southerland, W.L. Evans and V.A. Aslin, B.F. Aslin & J.Y. Aslin - as Securities, are held and firmly bound unto the State of Missouri in the sum of - Five Thousand - DOLLARS, for the payment of which we do hereby bind ourselves, our heirs, executors and administrators, firmly by these presents. Sealed with our seals and dated at-Bloomfield -in the State aforesaid, this - 24th-day of - February -A.D. 19-19 The Condition of the Above Bond is, That if the said -Elmer W. Aslin -of the Last Will and Testament of - James D. Aslin - deceased, late of-Stoddard -County, Missouri shall well and faithfully execute the said Last Will and Testament, and shall make true and faithful inventories, returns, and settlements of accounts of the Estate of the said Testator, according to law, and shall, moreover, do and perform all other matters and things touching the execution of the said Last Will and testament, as are or shall be prescribed by law, or enjoined on -him - by the order, judgment or decree of any Court having competent jurisdiction, then this obligation to be void and of no effect; otherwise to remain in full force. Elmer W. Aslin W.T. Southerland W.L. Evans, V.A. Aslin B.F. Aslin, J.Y. Aslin I. - M. Walker Cooper, Judge - of the Probate Court of-Stoddard -County, Missouri, hereby certify that the above BOND was signed and executed in my presence. M. Walker Cooper, Judge - of Probate. Filed - 24th- day of -February -19- 19 M. Walker Cooper -Judge of Probate Recorded the foregoing BOND this - 24th -day of -February -19-19 M. Walker Cooper -Probate Clerk © 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!