Wills of Stoddard Co. MO- Nation, Giles Jasper - Book D pg BkD13.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 13 {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-Giles Jasper Nation-of the-Bell City of- -in the County of-Stoddard -and State of-Missouri being of sound mind and memory, and considering the .... of this frail and ....life do make and publish and declare this, my Last Will and Testament: To all my real and personal property in the State of Illinois: First, I order and direct that my Executor hereinafter named pay all my just debts against my estate in Illinois as soon after my decease as conveniently may be. Second, after the payment of such debts, I give, devise and bequeath unto Laura Ada Foster, of Greenville, Illinois (my only surviving sister), and her legal heirs, all of my estate, including both personal and real estate in the State of Illinois. Lastly, I make constitute and appoint Oscar S. Cole and Asa W. Foster to be executors of this my last will and Testament to all my estate in Illinois, hereby revoking all former wills by me made to said estate. In witness whereof, I have here unto subscribed my name and affixed my sel the Fourth day of December, in the year of our Lord one thousand nine hundred and five. Giles Jasper Nation This Instrument was on the day of the date thereof signed, published and declared by the said testator Giles Jasper Nation to be his last Will and Testament to above estate in the presence of us who at his request have subscribed our names thereto as witnesses in his presence and in the presence of each other. Attest S.J. Calhoun J.J. Fly Commission to take Depositions State of Missouri County of Stoddard To any Judge, Notary Public or other Judicial Officer of the State of Illinois - Greeting: Know ye that we, in confidence of your prudence and fidelity do by these presents authorize you to cause to come before you, to be examined as witnesses in a cause pending in our Probate Court, for the County of Stoddard in the State of Missouri, wherein the last will and testament it of Giles Jasper Nation, deceased late of Stoddard County Missouri to all his property in the State of Illinois real and personal has been presented for probate by Oscar S. Cole and Asa W. Foster, Executors appointed by testator, every such person and at such time and place as shall be named to you for that purpose by the said Executors to wit: at Greenville, Illinois on Monday Dec 18th 1905. Attorney or agent. And We command you to examine S.J. Calhoun & J.J. Fly the attesting witnesses to said Last Will and Testament, all and every such person upon his oath or solem affirmation first made or taken before you to testify /pg.2/ the whole truth touching his knowledge of any thing relating to said matter in controversy between the said parties, and that give do take such his examination, and reduce to the same into writing when you shall have so taken his examination, you are to cause the witness to sign the same and to that and each examination, at the foot thereof you are to append your certificate setting forth the facts that the examination was subscribed and sworn to or affirming by the witness, and the day, as well as between what hours of the day or which it was done, as also the place of residence of the witness if known to you, should any paper or exhibit be produced or proven, or referred to by the witness you are to describe the same in his examination or cause it to be so marked by him as to establish its identity, and attach the same to his examination, The examination thus taken, you will certify under your hand and seal of office or cause to be accompanied by a certificate of your official character, attested by the seal of the State; or should it be more convenient, such authentication and proof of your official character may be made by the certificate and seal of the clerk of any court of record of any County of the State, District or Territory in which you reside; stating also in addition to the facts of his being clerk, and that the Court is one of Record that at the time when the depositions were taken you were an acting Judge (or other such office to whom this commission is addressed), and duly commissioned as such and you will return the same, and all exhibits produced to you, annexed hereto, carefully closed up and under your seal, directed to the Clerk of the Probate Court in and for the County of Stoddard and State of Missouri, with the names of the said parties litigants endorsed thereon with all convenient speed. Witness Geo.H. Crosser, Clerk of Probate Court with the seal thereof hereto affixed. Done at office in the City of Bloomfield this 14th day of December A.D. 1905 Geo. H.Crosser Clerk of Probate Court /pg.3/ PROOF OF WILLSTATE OF Illinois County of- Johnson In the- Probate -Court. of Stoddard County Missouri BE IT REMEMBERED, That on this- the 18th -day of-December -, in the year of our Lord One Thousand Nine Hundred and- five (1905) -, before me- a notary Public, within ad for the County of Johnson and State of Illinois, personally appeared-S.J. Calhoun and J.J. Fly -who being duly sworn upon- -oath, depose- -and say- -that-they -w-ere -present and saw- Giles Jasper Nation sign the foregoing instrument, of date-December the 4th -19-05 -purporting to be- the Last Will and Testament of h-im -the said-Giles Jasper Nation -and heard- -publish and declare the same to be h- -Last Will and Testament, and that at the time of signing the same, the said- -was of sound and disposing mind, and that th-ese -deponent-s who are -the attesting witnes-s to said last will and testament -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. Subscribing Witnesses: S.J. Calhoun J.J. Fly Sworn to and subscribed before me, a notary Public as aforesaid this the 18th day of December, 1905 Henry Terry Notary Public CERTIFICATE OF PROBATE STATE OF MISSOURI County of- Stoddard -}In the-Probate -Court I,-Thomas Connelly, Judge -of the-Probate-Court-of Stoddard -County, Missouri, having examined the foregoing instrument purporting to be- -the Last Will and Testament of- Giles Jasper Nation -deceased, and signed by said-Giles Jasper Nation -deceased, late of-Stoddard -County,- Missouri -and having heard the testimony of- S.J. Calhoun -and-J.J. Fly -subscribing witnesses thereto, in relation to the execution of the same, do declare and adjudge said Instrument-to be -the Last Will and Testament of said-Giles Jasper Nation -deceased, to all his property in the State of Illinois and the same is therefore- hereby admitted to Probate IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court at office in Bloomfield this- 26th -day of-December -19-05 Thomas Connelly 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-Giles Jasper Nation -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-Oscar S. Cole and Asa W. Foster, of Johnson County, Illinois -ha-ve -been appointed execut-ors -in and by said Last Will and Testament, to all of the estate of said deceased in the State of Illinois 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- them -the said-Oscar S. Cole and Asa W. Foster of Johnson County, Illinois -as such Execut-ors -, to collect and secure, all and singular the goods and chattels, rights and credits, which were of the said-Giles Jasper Nation -at the time of h-is -death, in the State of Illinois in whosoever hands or possession the same may be found; and to perform and fulfill all such duties as may be enjoined upon-them -by said Last Will and Testament, so far as there shall be property and the law charge -them -; and in general to do and perform all other acts which are now or may be hereafter required of- them -by law. IN TESTIMONY WHEREOF, I- Thomas Connelly, 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-Bloomfeild -this- 26th -day of-Dec -, A.D. 19-05 Thomas Connelly By- Judge -of said Court. EXECUTOR'S BOND, or Bond of Administrator with Will Annexed. Note: No bond required in this State. Bond to be given in the county of Johnson & State of Illinois. © 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@rollanet.org 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!