Wills of Stoddard Co. MO- Mary B. Higginbothom - Book D pg BkD129.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 129 {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, Mary B. Higginbothom, of the City of Bernie, in the county of Stoddard, and State of Missouri, being of sound mind and memory do make and publish this my last will and testament in manner and form as follows: After paying all of my just debts, doctor bills and burying expenses, to my beloved daughter, Emma Huffstutler I do will and bequeath One Thousand and no/100 ($1000.00) Dollars, now on deposit in the Bank of Burnie as evidenced by one time certificate made out and payable to me, and To my beloved grandson, Ruby F. Roussell, I do will and bequeath One Thousand and no/100 ($1000.00) Dollars, now on deposit in the Bank of Bernie as evidenced by one time certificate made out and payable to me, and, To my beloved grand daughter, Cozy Roussell I do will and bequeath One Thousand and no/100 ($1000.00) Dollars, now on deposit in the Bank of Bernie, as evidenced by one time certificate made out and payable to me. Also to my beloved daughter, Emma Huffstutler, I do will and bequeath one undivided one-half (1/2) of Section Three (3), Township Twenty-three (23), Range Ten (10) East, in Stoddard County, Missouri. And to my beloved grandchildren, Ruby F. Roussell and Cozy Rousell, I do will and bequeath the other one undivided one half interest in and to the Southwest quarter (1/4) of the Southeast quarter (1/4) of Section three (3) Township Twenty-three (23), Range Ten (10), East, in Stoddard County, Missouri. The above mentioned property being bought by the father and grandfather of the above mentioned heirs in his life time, and afterwards paid for by me and occupied by me under right of dower. It is my Will that the guardian appointed by the court whoever that my be may be shall loan the money given to my grandchildren by the terms of this Will, at the highest rate of interest attainable take first Deeds of Trust on real estate to secure the same and then under the directions of the Court. It is my will that the land designated going to my grandchildren shall be rented and that no other expenditures be expended for the care and custody of said children except the rents received on land and the interest on the money so left them until said grandchildren arrive at their majority and at such time it is my will that said amount be paid to them. And last I hereby constitute and appoint my beloved husband, J.F./pg.2/Higginbotham as executor of this my last Will and Testament, revoking and annulling all former Wills by me made, and ratifying and confirming this, and no other, to be my last will and testament. In witness whereof, I have hereunto set my hand and seal this the 29th day of October, A.D. 1920. Mary B. Higginbotham - her mark Witnesses: Icy Wheatley W.E. Edmonds We the undersigned witnesses, whose names are hereto subscribed, certify that we saw the testator, Mary B. Higginbotham, sign her name; that the same was signed in our presence; that the contents of the Will were made known to her before she signed the same, and that we, as witnesses signed as such in the presence of each other Icy Wheatley W.E. Edmonds /pg. 3/ State of Missouri County of Stoddard On this 5th day of January, 1921, before the undersigned, M. Walker Cooper, Judge of the Probate Court personally appeared J.F. Higginbotham, who being duly sworn, says that the best information and belief of affiant, Mary B. Higginbotham, died testate at Bernie, Missouri on the 2nd day of January, 1921, leaving as her heirs at law J.F. Higginbotham, her husband; Emma Huffstutler, a daughter; Ruby F. Roussell, a grandson; and Cozy Rousell, a grand daughter. J.F. Higginbotham Sworn to and subscribed before me, this 5th day of January, 1921. M. Walker Cooper, Judge of Probate PROOF OF WILL STATE OF MISSOURI County of- Stoddard In the- Probate -Court of Stoddard County, Missouri BE IT REMEMBERED, That on this -5th -day of-January -, in the year of our Lord One Thousand Nine Hundred and-Twenty-one , before me - M. Walker Cooper, Judge - of the-Probate - Court, held in and for - the County of Stoddard -and State of Missouri, personally appeared - Icy Wheatley and W.E. Edmonds - who being duly sworn upon - their -oath, depose- - and say- -that -they -w -ere - present and saw - Mary B. Higginbotham - sign the foregoing instrument, of date -October 29th - 19 -20 - purporting to be - - the Last Will and Testament of h -er - the said - Mary B. Higginbotham - and heard - her -publish and declare the same to be h -er - Last Will and Testament, and that at the time of signing the same, the said -Mary B. Higginbotham -was of sound and disposing mind, and that th -ese - deponent -s attesting witness - - subscribed their names thereto as witnesses to the same in the presence of the testat - rix - and of each other, and at the request of the said testat - rix - who was more than 21 years of age at the date of so declaring and signing said instrument. Icy Wheatley W.E. Edmonds 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 - Mary B. Higginbotham - deceased, and signed by said - Mary B. Higginbotham - deceased, late of- Stoddard -County,- Missouri -and having heard the testimony of -Icy Wheatley - and - W.E. Edomonds - 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 -Mary B. Higginbotham -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 - 5th - day of -January - 19-21 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 - - 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 - J.F. Higginbotham - 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 - J.F. Higginbotham - as such Execut-or -, to collect and secure, all and singular the goods and chattels, rights and credits, which were of the said -Mary B. Higginbotham - at the time of h -er - 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 -5th - day of -January -, A.D. 19-21 M. Walker Cooper, By- Judge -of said Court. EXECUTOR'S BOND, or Bond of Administrator with Will Annexed. We, -J. F. Higginbotham - as Principal and -R.E. Dees and W.H. Good - as Securities, are held and firmly bound unto the State of Missouri in the sum of - Six 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 -5th -day of - Janauary -A.D. 19- 21 The Condition of the Above Bond is, That if the said - J.F. Higginbotham, Executor -of the Last Will and Testament of - Mary B. Higginbotham - 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. J.F. Higginbotham R.E. Dees W.H. Good 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 - 5th - day of -January -19-21 M. Walker Cooper -Judge of Probate Recorded the foregoing BOND this -5th -day of -January -19-21 M. 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