Wills of Stoddard Co. MO- Elza Chaney - Book D pg BkD118.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 118 {This is a form page, the words written in italics are the handwritten words} LAST WILL AND TESTAMENT Know ye, That I, Elza Chaney; of the City of Puxico County of Stoddard and State of Missouri, being of sound mind and disposing memory, and considering the uncertainty of this frail and transitory life, do therefore make, publish and declare, this to be my last will and testament, hereby and herein revoking all former wills at any time heretofore by me made. First, I order and direct that my executor herein after named pay all my just debts and funeral expenses as soon after my decease as conveniently may be. Second, after the payment of such funeral expenses and debts, give, devise and bequeath, all of my personal property including money on hand, money in bank bonds and notes and all evidences of indebtedness due me of every kind and nature to my beloved wife, Alice Chaney, for her own use and benefit and to be used and disposed of in such manner as she may see fit during her life. Third, I give devise, and bequeath, to my beloved wife Alice Chaney, all of the real estate that is now owned by me as follows, to-wit: All of lot twelve (12) and that part of lot eight (8) beginning at the southeast corner of lot twelve (12) thence south thirty-three (33) rods; thence south sixty-four (64) degrees west, sixteen (16) rods, to the bank of St. Frances river; thence north west along the riverbank fifty-six (56) rods to the south west line of lot twelve (12) thence east fifty-seven (57) rods, to the point of beginning, all in the east half of section one (1) in township twenty-six (26) range seven (7) east, in Wayne County Missouri, containing forty nine and one half acres more or less, together with any other real estate that I may have at the time of my decease, also the east sixty (60) feet of lots no. Five (5) and six (6) in block no. Twelve (12) in the original town (now city) of Puxico Stoddard County and State of Missouri as aforesaid. Fourth, and such of said property thus willed to my beloved wife, Alice Chaney, as mentioned in the first paragraph of this will which includes all moneys, notes, bonds, credits and effects and in fact all personal property as may be remaining at her death the same being hereinafter designated as the remainder of personal property in this I give devise and bequeath as follows; an undivided one eighth (1/8) interest therein to my son, Harrison Chaney, in trust for the three children of my deceased daughter, Sarah Chaney Propes, so that Harrison Chaney as trustee, shall control and handle the interest of said children, /pg. 2/ to wit: Lee Propes, Lula Propes, and Bessie Propes, and pay each child its share when the child becomes of age, if the said Lee or Lula, or Bessie should die before coming of age and without issue, then the survivor or survivors shall become entitled to the interest of such deceased child, which interest shall remain under the control of the said trustee and be managed in the same way as the other trust property of the survivor or survivors. Fifth, I give, devise, and bequeath, an undivided one eighth (1/8) interest in said remainder to my son Harrison Chaney, in trust for Clarence Whitner, only child of my deceased daughter, Delia Chaney Whitner, the said trustee to manage and control said one eighth (1/8) interest until Clarence comes of age and then to pay to him the same, said trustee is to manage the property herein conveyed to him in trust so as to produce the best income therefrom for the benefit of all of said children as above indicated, it being optional with the trustee either to expend any childs income for the maintenance and education of such child or to preserve such income with the principal, and in the event of the death of all three of the said Propes children before coming of age and without issue, the interest here in provided for them and in the event of said Clarence dying without issue, and before coming of age, the interest herein provided for him with all of said remainder not herein willed in trust, I give, devise, and bequeath, unto my children now living to-wit: Luzettie Chaney Knodell, Earl Chaney, Samuel Chaney, Harrison Chaney, Rosie Chaney, and Joseph Chaney, share and share alike. Sixth, I give, devise, and bequeath, to my six children now living namely; Luzettie Chaney Knodell, Earl Chaney, Samuel Chaney, Harrison Chaney, Rosie Chaney, and Joseph Chaney, all of my personal property, notes, moneys, bonds, and all evidences of indebtedness that may be in remainder after the death of my wife Alice Chaney, after paying the legacies mentioned in paragraph five (5) except five hundred (500.00) dollars of that part of the legacies going to my son Earl Chaney he having had an advancement of five hundred (500.00) dollars and I further give, devise and bequeath to my six children as named above all of the real estate as mentioned in this will or any other real estate that we may have at the death of my wife Alice Chaney to have and hold the same in common share and share alike also the above named six children is to have the personal property, moneys, credits and effects share and /pg. 3/ share alike. Lastly, having full confidence in Harrison Chaney who is my son and one of the legatees to this my last will and testament, I hereby make, constitute, and appoint, the said Harrison Chaney to be executor of this my last will and testament. In witness whereof, I have hereunto subscribed my name and affixed my seal this the first day of January A.D. 1920. Elza Chaney This instrument was on the day and at the date and at the place above mentioned signed, published, and declared, by the said testator Elza Chaney to be his last will and testament in the presence of us who have at his request subscribed our names thereto as witnesses in his presence and in the presence of each other. Witnesses E.F. Williamson C.B. Cookson C.A. Jaynes PROOF OF WILL STATE OF MISSOURI County of- Stoddard In the- Probate -Court of Stoddard County, Mo. BE IT REMEMBERED, That on this - 16th -day of-January -, in the year of our Lord One Thousand Nine Hundred and- twenty, before me - M. Walker Cooper, Judge - of the-Probate -Court, held in and for - the County of Stoddard -and State of Missouri, personally appeared -E.F. Williamson and C.B. Cookson - who being duly sworn upon - -oath, depose- - and say- -that -they -w -ere - present and saw - Elza Chaney - sign the foregoing instrument, of date -January 1st - 19 -20 - purporting to be - - the Last Will and Testament of h -im - the said -Elza Chaney - 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 - Elza Chaney -was of sound and disposing mind, and that th -ese - deponent -s - and -C.A. Joyness - 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. E.F. Williamson C.B. Cookson 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, Mo. 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 -Elza Chaney - deceased, and signed by said - Elza Chaney - deceased, late of-Stoddard - County,-Missouri -and having heard the testimony of -E.F. Williamson - and -C.B. Cookson -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 - Elza Chaney - 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 -16th - day of -January - 19- 20 M. Walker Cooper, Judge of Probate /pg. 4/ {added page, type written} STATE OF MISSOURI COUNTY OF Stoddard On this 16th day of January 1920, before the undersigned M. Walker Cooper, Judge of the Probate Court personally appeared Harrison Chaney, who being duly sworn, says that to the best information and belief of affiant Elza Chaney died testate at Cape Girardeau, Mo. On the 6th day of January, 1920, leaving as his heirs at law Alice Chaney, widow; Luzettie Chaney Knodell, Earl Chaney, Samuel Chaney, Harrison Chaney, Rosie Chaney, Joseph Chaney, Lee Propes, Lula Propes, Bessie Propes, and Clarence Whitner. Harrison Chaney Sworn to and subscribed before me, this 16th day of January, 1920 W. Walker Cooper Judge of Probate /pg. 5/ 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 -Elza Chaney - deceased, hath, in due form of law been exhibited, proved and recorded, a copy of which is hereunto annexed; and Inasmuch as it appears that - Harrison Chaney - 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 -Harrison Chaney - as such Execut-or -, to collect and secure, all and singular the goods and chattels, rights and credits, which were of the said - Elza Chaney - 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 this -16th - day of - January -, A.D. 19-20 M. Walker Cooper, By- Judge -of said Court. EXECUTOR'S BOND, or Bond of Administrator with Will Annexed. We, -Harrison Chaney - as Principal and - C.F. Montgomery, T.J. Sutton and C.A. Jaynes - as Securities, are held and firmly bound unto the State of Missouri in the sum of - Sixteen 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 -16th -day of - January -A.D. 19- 20 The Condition of the Above Bond is, That if the said -Harrison Chaney, executor -of the Last Will and Testament of - Elza Chaney - 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. Harrison Chaney C.F. Montgomery T.J. Sutton C.A. Jaynes 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 -16th - day of -January -19-20 -Judge of Probate Recorded the foregoing BOND this - 16th -day of -January -19- 20 M. Walker Cooper, Judge of Probate © 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! .