Record Book of Wills in the County of Stoddard, Missouri

Book A, pgs. 51-62

Probate Court Depositions on Will of William O. Knight

The Testimony of witnesses is taken in open court on motion to make probate of the last will and testament of William O. Knight deceased. John D. Smith of lawful age being duly sworn according to law deposes and says, last January Sometime I was requested by David Crytes and Mr. Phelan to go out to Mr. Crytes place and examine Mr. Knight, O. Knight. After going into his room and conversing with him sometime, there was a will executed. Dr. Flournoy and myself were requested to read it and one of us read it to him and he signed it by making his Mark and {covered}

pg. 52


Flournoy and My self signed it as Witnesses. Question was that paper you hold in your hand signed by William O. Knight.
Answer-- yes by Making his mark
Question -- Who wrote the name. Answer -- I do not Know but was written in the hand writing of William G. Phelan--- Question -- did you See William O. Knight make his Mark. Answer -- Yes. Question -- State all the facts connected with the Signing of the Wills. Answer -- after reading it to him he Signed it by making his mark, with presents of Myself and Dr. Flournoy and Dr. Flournoy and Myself signed as Witnesses. At his request and in his presence I mean in the presence of William O. Knight -- Question. What was the Mental condition of William O. Knight at that Time. Answer -- before he Signed the Will Dr. Flournoy and Myself examined him for sometime and put Several questions to him which questions and answers we took Notes of the first question we asked him was how old are you. He answered thirty eight years past --
the next question we asked him was do you know how long you have been sick. He answered one year -- The next question was how long have you intended to will your Negro boy to your Mother he answered I intended to give Sam a long time ago -- The next question do you know us. He answered yes, Flournoy and Smith --- The next question we asked him was where did you live before you came here he answered Kentucky beyond Hills Point. The next question was how Many Mules and horses has your Mother he answered Two Mules and One Mare. The next question was which is it horse or mare he answered Mare. The next question asked him how Many cattle he answered eight head, two Steers and the ballana cows and heifers --- The next question asked him is have you a Brother or sister he answered yes. What is her name. Amanda Jane O'Dell. which is the oldest you or your sister, She is --- Are you related to James V. O'Dell of Bloomfield he answered yes, he is my Nephew had a half Sister by my Fathers Marriage but she is dead. How old is Sam Eleven years younger than I am about. Question did you ask him if he knew the alphabet ---yes--I did and he knew the Most of the letters there was a few he didn't Know. Question Are you a practicing Physician and were you at the time.

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Answer. Yes. Question -- State your opinion as to the condition of the testators Mind at the time of Making the Will. Answer --- I did not see that his mind was affected More than usual. Although he was laboring under considerable Physical derangement or debility. Question -- if you heard William O. Knight Say to whom he was about to Will ... property. You will so State it. Answer. To his Mother. Question -- if he Stated Why he intended to Will the property to his Mother you will So State.
Answer -- I do not recollect of his assigning any reason. Question --- do you recollect of William G. Phelan Signing William O. Knight's name to the Will on the table. Answer I do. Question -- how far was that from where William O. Knight was then sitting, or lying. Answer -- it was across the room 3 or 4 yards. Question -- was after or before the will was read to William O. Knight. Answer -- It was after the Will had been read to him. Question -- Was that in the presence of William O. Knight. Answer -- it was in his presence. Question -- if you know how William G. Phelan came to sign William O. Knight's name to the Will you will so State it. Answer -- I do not recollect certainly how he came to do it any further than that he was then there attending to the matter. I do not know whether it was at William O. Knights request or not. Question -- If you have any recollection who handed the Will to William G. Phelan you will State. Answer. I do not recollect it was passed around and we all had it in our hands but I do not recollect who handed it to Mr. Phelan. Question-- if you heard William O. Knight say Whether he was then able to write or not. So State. Answer -- I do not recollect of any thing being said about his writing. Question -- when the Will was handed to him to make his Mark if any conversation took place between William O. Knight and any other person So State.
Answer -- do not recollect of any. Question -- from the time the Will was read to William O. Knight was it out of sight of William O. Knight, John D. Smith and Samuel H. Flournoy until it was signed by William O. Knight. Answer -- I do not think it was. Question. How long have you been a practicing Physician. Answer -- ten or twelve years. Question -- where did you study your profession and when did you graduate. Answer -- I studied medicine in Pennsylvania.

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Never have graduated -- I attended Lectures in Cleveland Ohio a Summer and Winter Sessions. Question -- have you ever practiced or visited in any idiot or insane wards in any asylum for insane or idiots. Or any hospital where lunatics or Idiots were treated. Answer -- I have not. Question -- In your practice as a Physician have you been Much acquainted with Mental derangement or imbecility. Answer -- I have met with Some cases but am not Much acquainted with them. Question -- Or in the Study of your profession have you given much attention to those two branches of your profession. Mental derangement and imbecility. Answer -- I have not. Question -- how long have you been acquainted with William O. Knight. Answer -- I have known him about Eight or nine years but have not had any special acquaintance with him. Question -- have you ever prescribed for him as a physician. Answer -- I have prescribed for him but do not recollect that I ever gave him any medicine. Question -- were you ever his regular or acting Physician. Answer -- I never was. Question -- of what time did you prescribe for him. Answer -- in his last Sickness. Question -- how long previous to his death was that.
Answer -- A Short time before his death. Question -- what was the disease that afflicted him then. Answer -- I prescribed for an affection of the throat. Question -- did you ascertain to your own Satisfaction What was the Primary cause of that disease. Answer -- I did not I could not tell certainly what was the primary cause. Question -- May the disease in your opinion of recent or long Standing . Answer. It is as of long Standing as far as I could ascertain. Question-- how long by your opinion had the disease been in existence. Answer -- according to the best history of it it had been in existence for several years. Question do Did you examine his mouth and throat. Answer -- I did -- what was the condition of his Tong. Answer -- It was full of little hollows and ridges and not a natural shape. Question -- how Much larger than a natural tong do you think it was. Answer -- it was not much larger but enough to be perceptible.
Question In what respect was it malformed or deformed. Answer. It Looked like his tong had been diseased Sometime back by disease of Some Kind. Question - which portion of the tong seemed ... most effected. Answer. The Middle portion.

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Question -- Dr. did you examine the Lower portion of his tongue. Answer. I did. Question -- In your opinion What would be the effect of Such a condition of the Tong on the power of Speech. Answer. It would have a very material effect. Question -- did you examine any other of the organs of Speech. Answer -- I did not Specially. Question. Did you make up your opinion whether his speech was affected by the condition of his vocal organs. Answer -- I don't recollect but it is evident that it had an effect on his power of Speech. Question. In what Manner was the effect Showing. Answer. By the Manner in which he conversed by a thickness of voice. Question -- Could he talk Intelligible. Answer -- he would -- sometimes I would have to get him to repeat it. Question -- In conversing with him did you notice any Marked difference in his conversation & other peoples. Answer -- nothing except that already mentioned. Question -- What degree of intelligence did his conversation indicate. Answer -- toward the Lower end on the Scale hardly mediocrity. Question -- did you consider him of Sound Mind. Answer -- I did. Question -- did you know of his doing any Kind of business. Answer -- I did not. Question -- did you ever see him at any public place of business. Answer -- I have saw him in Town here at the Stores and at church. Question -- did you ever talk with him or hear him talk about business. Answer -- I can not recollect that I ever did. Question -- did you ever examine his person further than you have already stated. Answer. I did not. Question. Have you seen William O. Knight frequently from home. Answer -- I have a good many times. Question -- were you will acquainted with him the last year of his life. Answer -- not intimately I spoke to him always when I met with him. Question. Are you sufficiently acquainted with him to detect a mental peculiarity that would att... the attention of me or ... Answer -- there was some thing peculiar about him both mentally and Physically. Something Singular in his actions. Question -- did you ever satisfy yourself what was the cause of that mental peculiarity. Answer -- I do not Know that I did.
Who requested you to go down to William O. Knights. Answer -- William G. Phelan and David Crytes.

Pg. 56


Question -- how often was you there -- Answer. Twice. Question which trip was it William O. Knight executed this paper called a will the first trip or the last. Answer -- the last trip -- Question. In whose possession did you first see this paper. Answer. In Mr. Phelan I think. Question. Who first asked you to Sign that paper as a witness. Answer. I think it was Mr. Phelan I won't be positive whether it was him or Mr. Crytes. Question. Who first Spoke about the Will after you got to Mr. Knights that day. Answer. I do not recollect who it was first Spoke of it. Question -- was Sarah Knight there when you first got there. Ans. -- she was. Question -- did you hear her say anything about William making a will that day. Answer. I did but I do not recollect any special conversation about the Matter only. I think she told Me it had been Williams intention for Some time to make a will. Question -- was the conversation you had with her before the signing that paper or afterwards
I think It was afterwards. Question -- how long had you been there before you was requested to sign that will. Answer -- Some three quarters of an hour. Question did any one ask William O. Knight that will
Answer -- After it had been read over to him. Some one, I don't remember who told him it was ready for him to make his Mark or Sign it
Question -- who proposed to have the Will read.
Answer. I believe it was Myself.
Question. Was Sarah Knight in the house all this time the Will was read.
Answer. No Sir.
Question -- Was David Crytes -- Answer. No Sir. Question-- Did William O. Knight tell you that that writing was his will.
Answer. He did.
Question -- .... did you ask William Knight his name.
Answer -- yes Sir I did -- he said it was William O. Knight. Question -- did you ask him any other questions besides those you have already stated. Answer. I did, Several. Question--State what those were and State Answers. Answer -- I can't recollect specially what they were.
Question -- did you ask him how much property he owned.

Pg. 57


Answer -- I think that we are... I think that he Said he did not own anything but Sam. I then I asked him how he came to own Sam. And he replied that his Father had given him to him. Question -- did you ask him what month it was. Answer -- I think I did and I think he could not tell. I only Sa... an indistinct recollection of the Matter, both as to the question & answer----
Question-- State what he did Say in reply to that question. Answer -- he did not answer it correctly, but in what deviation it was I do not recollect. Question -- did you ask him the day of the week. Answer-- I did -- Question -- And what was his answer. Answer -- I do not recollect what his reply was I do not think it was correct. Question -- did you ask him what year it was. Answer -- I think. I did but cannot recollect what his reply was. Question -- Dr. Who made this memorandum that you speak from. Answer. The most of it is in my hand writing. Question. Who make the ballance.
Answer -- Mr. Phelan made the ballance.
Question -- State what parts of the Memorandum Mr. Phelan made. Answer -- Im not Sure of the Question.
Question -- State which they were.
Answer -- the Seven first questions. Question -- how many questions are there in all.
Answer -- Fourteen I believe. Question -- did you make the Memorandum of the Seven last Questions. -- Answer -- I did it in my hand writing. Question -- did you make it at the time. Answer -- I did. Question -- have you had possession of that Memorandum from the time it was made to the presence. Answer -- I have. Question. Why was it Dr. that the questions that he answered incorrectly were not put down. Answer -- I do not know that I can give any special reason why they were not put down. Question -- why was it there was any Memorandum Made at all. Answer -- it was to assist our recollection. Question. Who prepared the making of the Memorandum. Answer -- I believe it was myself. Question -- did you proponer the questions wrote by Mr. Phelan. Answer -- The most of them Dr. Flournoy & myself proponered them all. I think. Question. Was Mr. Phelan present at the time they made preponered. Answer -- No. Six... note...where was he do you know-- Answer -- I do not know ... was in this other part of the house. Question-- where was Mr. Phelan at the time he wrote down the question. Answer he was in the opposite room from....one...as well as I recollect. Question -- was....

Pg. 58


of the Will. Answer-- It was before. Question -- how long before. Answer-- A short time twenty minutes or half an hour before. Question -- was there a will executed by Willie O. Knight the first time you went there. Answer -- there was -- Question -- Is this that Will -- Ans. -- No. Sir. It is not. -- Question -- what has become of that Will. Answer -- I do not know-- Question -- did you Sign it as a Witness -- Answer -- I did -- Question -- who else signed it as a Witness. Answer -- Dr. S. H. Flournoy. -- question - What was the cause of the Making of the Second Will -- Answer -- I do not recollect distinctly what was the cause, if I ever learned. Question -- at the time of the execution of the Second will did you ever hear Knight Say any thing about the first. Answer -- he May have done So but I do not recollect. Question -- who wrote the first one. Answer -- It was in Mr. Phelans hand writing. Question -- Is there any distinctive Marks on the Second Will So that you cold Identify from the first if So State What they are. -- Answer -- One there is not near So Much Writing on the last as there was on the first and I think, the form is different. Question -- Is that all the difference that you can recollect -- Answer -- That is all that I can recollect. Specially there May have been something More -- Question -- Where was this will wrote Doctor. Answer -- I don't know. Question. Did William O. Knight Say anything about his Sister at the time of executing this will. Answer -- There was Something Said about her but I do not recollect what it was -- Question-- was what was Said, Said by William O. Knight. Answer -- as well as I recollect he took part in the conversation whatever it was. Question -- who was conversing with him. Answer. Dr. Flournoy and Myself. Question. Did you ask him anything about his Sister Amanda J. O'Dell. Answer -- I asked him if he had a Sister and what her name was, and which was the oldest he or she. He told us that her name was Amanda Jane and that she was the oldest-- Question -- Is that all he said about his Sister O'Dell -- Answer. I think then we asked him how long it has been Since he had Seen her and how many children She had but I don't recollect certainly. Question. Dr. who first told you that there was a Second Will to be made. {word covered}
I do not recollect. Question.

Pg. 59


Was you Apprised of the fact that a Second Will was to be made if So where was you at the time. Answer-- I p.... I was in Town here, but I do not recollect distinctly.... was that appraised Me that a Second Will was to be made. Question. If Mr. Phelan was not present at the time you and Dr. Flournoy proponded the questions on your Memorandum when did he come to write the questions down. Answer -- he done it at own request. Question -- did you request him to write them down before or after you examined William O. Knight. Answer -- It was before the examination. Question -- Did you ask him to write those very questions. Answer -- no we did not dictate to him at all. -- Question -- why did you not Write the questions down yourself. Answer -- The reason was we did not Know this proper form to put the questions. So as to establish the Sanity of his Mind or his intelligence -- Question -- What was the Physical Condition of William O. Knight -- Answer -- he was considerably debilitated at the time. Question -- did you ask William O. Knight on what day Christmas came. Answer -- I do not recollect. Question -- did you ask him how many hours it took to make a day and night. Answer -- I do not recollect. We may have done it.-- question -- did you not ask him how Many days it took to constitute a week. Answer -- My impression is we did, and as near as I recollect he did not answer it correctly. Question -- Did you ask him the name of his Father & Mother. Answer -- I think We asked him the Name of his Mother and he answered it correctly -- Question -- Was not the question that he answered incorrectly left out of your memorandum purposely. Answer I do not Know that they was I dont Know why they were unless they were left out as irrelevant matter. Question -- were they left off of your Memorandum purposely or accidently. Answer -- I cant give any other answer than I have. That they were irrelevant. Question -- Did you intend to leave them off of that Memorandum. Answer -- I do not know that there was any special act of the mind about it, as a matter of course it was done purposely as this Would have been put down. Question -- To the best of your Knowledge how many questions were asked that you did not make a memorandum {word covered}

pg. 60


Answer - I have no Idea we were in the room there with him & conversing Some time. I Suppose there was as many or more asked that was not put down as there was put down. Question -- who asked Mr. Knight if that paper was his Will. -- Answer -- I think I did in the first place -- Question -- How long before the execution of the will was that. Answer -- But a few Minutes -- Question -- Was it before or after you Signed it as Witness. Answer -- As well as I recollect it was both before and after he Signed it -- Question -- In what what words did you ask that question. Answer -- I do not Recollect the precise language made use of I Just asked him if that was his Will. Question -- In what words did he reply. Answer -- as well as I recollect he just Said that it was, but, I do not recollect the precise language-- Question. Who had the Writing at the time he Said it was his Will. Answer -- At one time that he Said So I think I had the Will in My hand-- Question -- Dr. Mr. Knight where he Said that it was his Will point it out. Answer -- I do not recollect whether he did nor not. I rather expect I reached it toward him and asked him if it was his will or not. Question. When you reached it toward him was the writing folded or open. Answer -- As well as I recollect it was open. Question -- do you remember Doctor whether the will covered More than One page. Answer -- It covered just one page or Side. Question -- who had the Will at the Other time he declared it to be his Will. Answer -- as Well as I recollect it was Mr. s. H. Flournoy, Question -- Did Mr. Flournoy at that time ask any questions of Mr. Knight. Answer -- Not that I recollect of -- question -- At that time did did anyone ask Mr. Knight, if that was his will. Answer -- yes I think Dr. Flournoy asked him if that was his will. Question --what was Mr. Knights answer to that question. Answer I do not recollect Mr. Knights precise language, but he assented that it was his will. Question. Did he at any time in your hearing whether that writing was his last will and testament without being asked whether it was. Answer -- I can not recollect that he did. I could not speak positively {word covered} --- If he had at any time in your presence

pg. 61


voluntarily declared that writing to be his last Will or testament. Do you think you would have remembered it. Answer -- I do not Know that I would -- question -- would you not have been as apt to remember that as you would the reply to the questions you put to as certain whether it was his last Will and testament or not. Answer -- I presume I would be as apt to recollect that as some others. Only those in which there was a special object in view in reference to his Will -- Question -- From your examination at that time of Mr. Knight did you then Make up an opinion as to Whether he then Knew the contents of the instrument which he then executed -- Ans -- I think he did -- Question -- did he at that time Voluntarily Say any thing upon which you grounded that opinion. Answer -- Not that I Recollect. Question -- Did he at that time voluntarily indicate a wish or desire to dispose of his property or any part there of in any manner whatsoever. Answer -- I do not recollect that he did.

Reexamination by Plaintiff


Question -- Dr. when was you first asked to sign as a witness in town or at any other place -- Answer -- I believe I was in Town. I was requested first. Question. At the time you Signed the will who asked you to do So. I did it at the request of William O. Knight. Question. The questions that you made No Memorandum of and to which William O. Knight replied were the answers Sensibly or insensibly made. Answer -- Some were and Some not. Question -- At the time you and Dr. S. H. Flournoy put the questions that you had a memoranda of who were present. Answer -- there was no one but Dr. S. H. Flournoy, William O. Knight and myself present. Question. Were all the questions and replies written in presence of William O. Knight. Answer -- The replies were all written in the presence of William O. Knight but all the questions were not. Question -- what was you intention by not putting down all the questions and replies of William O. Knight. Answer -- I do not know that there was any object or purpose in it but I think Flournoy and myself both come to the conclusion that we had written enough down to answer {word covered}

pg. 62


purpose. Question -- at the time that William O. Knight Said that it was his Will, how far was it from the person of William O. Knight.
Answer -- It was close by perhaps two or three feet.


J.D. Smith

Sworn to & Subscribed in Open Court this 23rd day of June AD 1858
Reuben P. Owen Clerk

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