Wills of Stoddard Co. MO- John A. West - Book D pg BkD =120.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 120 {This is a form page, the words written in italics are the handwritten words} LAST WILL AND TESTAMENT of John A. West I -John A. West, of- the County of-Stoddard -and State of-Missouri being of sound mind and memory do make, publish and endorse this, my Last Will and Testament; hereby revoking all former wills by me made. First. I direct my executrix to pay all my debts as speedily as possible. Second. I give and bequeath to my beloved wife, Julia West, the sum of Four Thousand Dollars ($4000.00) and all household and kitchen furniture and her wearing apparel, this to be lieu of dower and other allowances out of said estate. Third. It is my will that the rest and residue of my estate real, personal or mixed be reduced to money or its equivalent, and divided equally among my children or their descendants as follows: W.M. West, Homer West, Everett West, Cassie Rankins, Gladys Prince and the heirs of Estella Minton, deceased, who are Fred Minton and Myrtle Minton. That is, I want Fred Minton and Myrtle Minton to have one share between them. Fourth. I desire and direct that the portion which may go to the said Fred Minton and Myrtle Minton be placed in the Bank of Dexter as Trustee, to be held until the said Fred Minton is 21 years old and the said Myrtle Minton is 18 years old, at which time the said Bank of Dexter shall pay to each the amount due them. That the said Fred Minton is to have his share when he is 21 years old, and Myrtle Minton to have her share when she is 18 years old, together with any profits that may accrue, and I desire the Bank to act without bond and without going into the Probate Court. Fifth. I appoint Julia West, my wife, to be sole executrix of this my will, to serve without bond, to execute conveyances of land and do everything that I may have done if I should be alive. In case of the death of Julia West, my said wife, prior to my own, or pending the administration of such estate, I appoint my son, Homer West, in her place, he also to serve without bond, and do anything which my said executrix may have done. Witness my hand this the 19th day of August, 1918. John A. West Signed, published and declared as and for his last will and testament by John A. West, the above named testator in the presence of us, who, in his presence, in the presence of each other and at his request hereto subscribe our names as witnesses, and we further declare that at the time of the signing thereof, said testator was of sound and disposing mind and memory to the best of our belief. A.H. Adams Ezekiel Gowin /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, Mayor, or Chief Magistrate of any City or Town having a seal, in the State of California Greeting: Know ye, that we hereby empower you to cause to come before you at the time and place to be by you appointed, A.H. Adams attesting witness to the annexed instrument of writing, purporting to be the last will and testament of John A. West, deceased, and to then and there examine him the said A.H. Adams on oath, touching his knowledge of the execution of said instrument, and of the condition of the mind of the said John A. West 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 A.H. Adams 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 said Probate Court, have hereunto set my name and affixed the seal of said Court, at Bloomfield, Missouri on this 17th day of January, 1920. M. Walker Cooper, Judge of the Probate Court. Return to Commission to Prove Will State of California County of Kern Before L.S. Harman a Notary Public in and for said Kern County, State of California. 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, L.S. Harman did, on the 22nd day of January A.D. 1920, cause to come before me at --- in the County of Kern and State of California A.H. Adams, who being by me duly sworn deposeth and says, that he was present and saw John A. West sign the foregoing instrument of date August 19th, 1918, purporting to be the Last Will and Testament of him the said John A. West 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 John A. West was of sound and disposing mind, and that this deponent and Ezekiel Gowin, 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. A.H. Adams Sworn to and subscribed in my presence this 22nd day of January A.D. 1920. And I do hereby certify that the testimony of the said A.H. Adams 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 testimony so by me taken anc certified is herewith returned. L.S. Harman, Notary Public /pg. 3/ State of Missouri County of Stoddard On this 17th day of January, 1920, before the undersigned M. Walker Cooper, Judge of the Probate Court, personally appeared Julia West, who being duly sworn, says that to the best information and belief of affiant John A. West died testate at Monrovia, California on the 10th day of December, 1919, leaving as his heirs at law Julia West, widow; W.M. West, son; Homer West, son; Everett West, son; Cassie Rankins, daughter; Gladys Prince, daughter; and Fred Minton and Myrtle Minton, grandchildren. Julia West Sworn to and subscribed before me, this 17th day of January, 1920. M. Walker Cooper, Judge of Probate PROOF OF WILL STATE OF MISSOURI County of- Stoddard In the- Probate -Court of Stoddard County, Mo. BE IT REMEMBERED, That on this -17th -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 -Ezekiel Gowin - who being duly sworn upon -his -oath, depose-s - and say-s -that -he -w - as - present and saw -John A. West - sign the foregoing instrument, of date -August 19th - 19 - 18 - purporting to be - - the Last Will and Testament of h -im - the said -John A. West - 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 -John A. West -was of sound and disposing mind, and that th -is - deponent - - and - A.H. Adams - 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. Ezekiel Gowin 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 - John A. West - deceased, and signed by said - John A. West - deceased, late of-Stoddard - County,-Missouri -and having heard the testimony of -A.H. Adams - and - Ezekiel Gowin - 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 - John A. West - 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 -28th - day of -January - 19-20 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 -John A. West - 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 -Julia West - ha -s - been appointed execut -rix - 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 - her - the said - Julia West - as such Execut-rix -, to collect and secure, all and singular the goods and chattels, rights and credits, which were of the said - John A. West - 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 - her - by said Last Will and Testament, so far as there shall be property and the law charge -her - ; and in general to do and perform all other acts which are now or may be hereafter required of - her - 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 - 28th - 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. 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