Wills of Stoddard Co. MO- Ezzell, Thomas H. - Book D pg BkD135.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 135 {This is a form page, the words written in italics are the handwritten words} LAST WILL AND TESTAMENT I, Thomas H. Ezzell, of Bloomfield, Stoddard County and State of Missouri, realizing the uncertainty of human life and the certainty of death, being of sound and disposing mind and memory, and hereby expressly revoking all former Wills and codicils at any time heretofore made by me, do hereby make, publish and declare this to be my last will and testament in the manner following to-wit: First: It is my will and I do hereby direct that all my just debts and the expenses of my last illness be first fully paid. Second: It is my wish and I hereby so direct that my executors set aside a sufficient amount out of the proceeds of my estate for the care, support and education until they arrive at their majority of my two minor children Joseph Ezzell and Edna Ezzell and a sufficient amount to enable my daughter Kathleen to complete her education; also it is my will and wish that my house and lot in Bloomfield, Missouri, be held as long as desirable and seems proper as a home for my single and unmarried children, and then to be used as a home for my minor children Joseph and Edna and they to derive the profits or rents therefrom until it is sold and the proceeds placed in my estate. Third: All the rest, residue and remainder of the property and estate which I may own at the time of my death or to which I may be entitled, whatsoever said property and estate may consist of, real estate, personal or mixed, I hereby give devise and bequeath to my beloved children in equal proportions, share and share alike an undivided one sixth (1/6) interest each, as follows: To my beloved son Paul Ezzell, I hereby, give, devise and bequeath a full one sixth interest in all remaining money as properly belonging to my estate; To my beloved daughter Cicelia Walker, I hereby give, devise and bequeath a full one sixth interest in all remaining money or property belonging to my estate. To my beloved son A. Felix Ezzell, I hereby give, devise and bequeath al full one sixth interest in all remaining money or property belonging to my estate. To my beloved daughter Kathleen Ezzell, I hereby give, devise and bequeath a full one sixth interest in all remaining money or property belonging to my estate. To my beloved daughter Edna Ezzell, I hereby give, devise and bequeath a full one sixth interest in all remaining money or property belonging to my estate. To my beloved son, Joseph Ezzell, I hereby give, devise and bequeath a full one sixth /pg. 2/ interest in all remaining money or property belonging to my estate. Fourth: I hereby nominate and appoint my beloved brother Jonathan R. Ezzell, as executor and my dear friends H.M. Flanary and V.W. Moran, as executors of this my last will and testament that they assist and advise with my brother relative to the proper time to dispose of certain properties mentioned. While I shall make some suggestions, be offered for sale first and the proceeds therefrom to be divided as I have previously stated; and that my farm lying east of Bloomfield and having an area of 240 acres be held for a reasonable time, as efforts are being made to discover oil thereon, and to be sold at such a time as seems advisable to my executors, and the proceeds therefrom, after paying any encumbrances which I may have placed upon the property, is to be divided in the manner already set forth, being equally among my six beloved children. And that the house in Bloomfield be kept as a home for my minor children as previously out lined. These suggestions are to express my wish while the conditions are as they appear at this time; and will not be construed to hamper my executors from making a quicker sale or waiting a longer time should they in this joint decision deem it advisable in the interest of my loved ones. It is my wish that each of my children who are of age receive their share as soon as it is convenient to be delivered and the amount coming to my minor children Joseph Ezzell and Edna Ezzell to be loaned out with property security and be turned over to them or delivered to them when they come of age. I feel that it would be well to have my son E.E. Walker act as guardian for these two minor children. In witness whereof, I hereunto set my hand and affix my seal to this my last will and testament, int he presence of the undersigned witnesses in the city of Bloomfield, and State of Missouri, this 22nd day of March, A.D. , 1921, Nineteen Hundred Twenty one. T.H. Ezzell Signed, sealed, published and declared by Thomas H. Ezzell, the above named testator as and for his last will and testament in the presence of the undersigned witnesses, who at his request and in the presence of each other, have subscribed their names as attesting witnesses thereto. Witnesses E.W. Aslin E.J. Williams Signed in the city of Bloomfield, Missouri this 22nd day of March, A.D. 1921. /pg. 3/ State of Missouri County of Stoddard On this 29th day of April 1921, before the undersigned M. Walker Cooper, Judge of Probate Court personally appeared Jonathan R. Ezzell, who being duly sworn, says that to the best information and belief of affiant Thomas H. Ezzell died testate at Bloomfield, Missouri on the 15th day of April 1921, leaving as his heirs at law Paul Ezzell, son; Ceclia Walker, daughter; A. Felix Ezzell, son; Kathleen Ezzell, daughter; Edna Ezzell, daughter, and Joseph Ezzell, son. Jonathan R. Ezzell Sworn to and subscribed before me, this 29th day of April, 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 -29th -day of-April -, 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 - E.W. Aslin and E.J. Williams - who being duly sworn upon -their -oath, depose- -and say- -that -they -w -ere - present and saw -Thomas H. Ezzell - sign the foregoing instrument, of date -March 22nd - 19 -21 - purporting to be - - the Last Will and Testament of h -im - the said - Thomas H. Ezzell - 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 -Thomas H. Ezzell -was of sound and disposing mind, and that th - ese - deponent -s attesting witness -es -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.W. Aslin E.J. Williams 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 - Thomas H. Ezzell - deceased, and signed by said -T.H. Ezzell - deceased, late of-Stoddard -County,-Missouri -and having heard the testimony of - E.W. Aslin - and -E.J. Williams - 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 - Thomas H. Ezzell - 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 -29th - day of -April - 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 -Thomas H. Ezzell - 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 - Jonathan Ezzell - ha -as - 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 -Jonathan R. Ezzell - as such Execut-or -, to collect and secure, all and singular the goods and chattels, rights and credits, which were of the said -Thomas H. Ezzell - 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 -29th - day of -April -, A.D. 19- 21 M. Walker Cooper, By- Judge -of said Court. EXECUTOR'S BOND, or Bond of Administrator with Will Annexed. We, -Jonathan R. Ezzell - as Principal and -W.L Serrell, EJ. Williams and S.S. Davis - as Securities, are held and firmly bound unto the State of Missouri in the sum of -Two 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 -29th -day of -April -A.D. 19- 21 The Condition of the Above Bond is, That if the said -Jonathan R. Ezzell, executor -of the Last Will and Testament of -Thomas H. Ezzell - 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. Jonathan R. Ezzell W.L. Sorell E.J. Williams S.S. Davis 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 -29th - day of -April -19-21 M. Walker Cooper -Judge of Probate Recorded the foregoing BOND this - 29th -day of -April -19-21 M. 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