Wills of Stoddard Co. MO- Dimmitt, Martha - Book D pg BkD156.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 156 {This is a form page, the words written in italics are the handwritten words} LAST WILL AND TESTAMENT Will of Martha Dimmitt I, Martha Dimmitt, a resident of St. Francois County, Missouri, being of sound mind and memory and desiring to make disposition of my property different from that which the law would make, I do make, publish and declare this my last will and testament, hereby revoking all former wills by me made. First - I direct that my lawful debts and funeral expenses be paid out of my estate. Second - I give, devise and bequeath to my beloved husband, Lee H. Dimmitt, all of the rest of my estate both real and personal, and wherever situated. Third - I appoint my husband, Lee H. Dimmitt, executor of my estate and I direct that he be not required to execute any bond for the performance of his duties. Witness my hand at Farmington, Missouri this Fourteenth day of May 1910. Martha Dimmitt The foregoing instrument was at the date hereof signed and declared by the said Martha Dimmitt to be her last will and testament in the presence of us, who at her request and in her presence and in the presence of each other have subscribed our names as witnesses thereto. Geo. C. Forster J.P. Coyce 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 County of St. Francois, State of Missouri, Greetings: Know ye that we hereby empower you to cause to come before you at the time and place to be by you appointed, Geo. C. Forster and J.P. Coyce attesting witnesses to the annexed instrument of writing, purporting to be the last will and testament of Martha Dimmitt deceased, and to then and there examine them, the said Geo. C. Forster and J.C. Coyce on oath, touching there knowledge of the execution /pg. 2/of said instrument, and of the condition of the mind of the said Martha Dimmitt at the time of the execution and publication of the same as her 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 Geo. C. Forster and J.C. Coyce 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 10th day of February, 1923. M. Walker Cooper, Judge of Probate Court Return To Commission to Prove Will State of Missouri County of St. Francois Before K.C. Weber, Judge of Probate for St. Francois county, Missouri 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 K.C.Weber, Judge of Probate of St. Francois County, Missouri, did on the 12th day of February, A.D. 1923, cause to come before me at my office in Farmington, in the County of Francois and State of Missouri, Geo. C. Forster and J.P. Coyce, who being by me duly sworn deposeth and say that they were present and saw Martha Dimmitt sign the foregoing instrument of date May 14th, 1910, purporting to be the Last Will and Testament of her, the said Martha Dimmitt and heard her publish and declare the same to be her last will and testament, and that at the time of signing the same, the said Martha Dimmitt was of sound and disposing mind, and that these deponents, the attesting witnesses, subscribed their names thereto as witnesses to the same in the presence of the testatrix, and of each other, and at the request of the testatrix, who was more than twenty-one years of age at the date of so declaring and signing said instrument, and further deponent saith not. Geo. C. Forster J.P. Coyce Sworn to and subscribed in my presence this 12th day of February, A.D. 1923 And I hereby certify that the testimony of the said George C. Forster and J.P. Coyce was by me reduced to writing, and by them subscribed in my presence, on the day and year and at the place above written, and their testimony so by me taken and certified is herewith returned. K.S. Weber Judge of Probate Court /pg. 3/ State of Missouri County of Stoddard On this 14th day of February, 1923, before the undersigned M. Walker Cooper, Judge of the Probate Court personally appeared Lee H. Dimmitt who being duly sworn says that to the bet information and belief of affiant Martha Dimmitt died testate at Dexter, Missouri on the 24th day of January, 1923 leaving as her heirs at law Lee H. Dimmitt, widower; Mary Sam Shillings, sister; Addison F. Humphrey, brother; George Humphrey, brother; and Robert Humphrey, brother. L.H. Dimmitt Sworn to and subscribed before me this 14th day of February, 1923 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 - Martha Dimmitt - deceased, and signed by said - Martha Dimmitt - deceased, late of-Stoddard -County,- Missouri -and having heard the testimony of -Geo. C. Forster - and -J. P. Coyce -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 - - 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 - 14th - day of -February - 19- 23 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 -Martha Dimmitt - 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 - Lee H. Dimmitt - 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 - Lee H. Dimmitt - as such Execut-or -, to collect and secure, all and singular the goods and chattels, rights and credits, which were of the said -Martha Dimmitt - 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 - 14th - day of -February -, A.D. 19- 23 M. Walker Cooper, By- Judge -of said Court. EXECUTOR'S BOND, or Bond of Administrator with Will Annexed. 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