Record Book of Wills in the County of Stoddard, Missouri

Book A, pgs. 82-84



In the Name of God Amen --

Be it remembered that I John McElwrath of the County of Stoddard and State of Missouri being far advanced in life, though of perfect Soundness of Mind and Memory, and it being appointed for all Men to die and dispose of the means of Worldly goods I possess -- in Manner and form following among my children
(to it) 1st having Sets of Children (to it) David McElwrath, Abby Ann Thomas, George W. McElwrath and Mary ...ing. Still Surviving by my first and lawful wife Olivia Debach and two Surviving children by My Second and lawful wife Lousetta M. Bottoms (to it) Catharine S. McElwrath and Ann Mariah McElwrath and whereas my first wifes Children is Extensibly provided for by their grand Father Ruffin Debroch in his last will and testament baring date State of Mississippi Nelkerson, County Oct 26th 1833 all the above named children being mine and having no preference when their conduct and deportment towards me their father has heretofore been as dutifull children and as far as lies in my power wish to contribute to their interest and and Equally of all do hereby in conformity to My will and desire express to above, my first wifes children above named all being persons of familys and Settled having had their raising and Education out of my Mil... Exclusively the last wifes children above named yet having not... that and unsettled It is therefore Loan to My daughter Catharine S. th... of the following negros (to it) Sarah and her two children Fannie & Scott and any other state She may b............... at her {word covered} Equally to her children. I do hereby Loan to My daughter

pg 83

Ann Mariah, the use of the following Negroes (to it) Ellen Lee, and Lissy --- her natural life time with all their increase at her decease to go Equally among her children, I also Loan My Said Daughters Catharine S. & Ann Mariah to use of my plantation on which I now live containing in all one hundred and Sixty acres their Natural life time to be Equally divided between them at their death to be equally divided between their respective children -- I also loan Said two daughters all My Beding and household furniture to be equally divided between them -- I also give unto My Said daughter Catharine S. My Sorrel Mare with her increase, also one Milk Cow. I also give My Said daughter Ann Mariah My brown horse Jack, also my horse colt one year old also one Milk cow, I now ordain that in case either of My daughters Catharine S. and Ann Mariah .... Should die leaving no heirs the full Sister to have half her property the remaining half to be equally divided between her half Brothers and Sister above named and my Grand Son James McElwrath the Son of My Son Joseph (decd) My remaining Stock of Negroes not already disposed of in this My last will and Testament constituting Amos, Silvy and Isaac together with all My remaining Stock of all Kinds Waggons and farming tools of all kinds with the exception of My Buggy which I give to My two daughters Catharine S. & Anna Moriah to equally belong to My four first wifes children and My grand Son James McElwrath above named. Said Grand Son James to come into possession when he shall arrive at the age of twenty one of his share. Should Said Grand Son James die previous to the age of twenty one his part to go Equally to My four first wifes children or their heirs. I do further ordain that Should any of the above named Legatees in any wise attempt to break or impair this My last will and Testament that they are from that hour disinherited to all intends and purposes and forfeited their part assigned to them in this will and the amount So forfeited to go equally among the legatees above named Save So much as Will enable my executor to defend Any Such Suit arising there from. I do now hereby revoke all wills by me heretofore made, and ordain this to be my last will and testament and appoint Henry Miller of Bloomfield my Executor to the fullest extent of the Same. In witness whereof I have set my hand and Seal this 1st day of March 1859 in presence of the Subscribing witnesses.

John McElwrath

Van W. Hale
David Crytes
Reuben P. Owen

State of Missouri, County of Stoddard
Be it remembered that on....{word covered}

pg. 84

day of October AD 1859 personally appeared before the undersigned Van W. Hale
Clerk of the District County Court in and for the County and State aforesaid David Crytes and Reuben P. Owen Two of the Subscribing witnesses to the annexed Will of John McElwrath, and being by me first duly Sworn depose and Say that the Said John McElwrath the Testator Subscribed the Same in their presence and published the Said Will or instrument of Writing as his last Will that he the Said Testator was at the time of publishing his Said Will of Sound Mind and More than twenty one years of age and that they the Said deponent attested the said Will as Witnesses there to be Subscribing their names to the Same in the presents of Said Testator.
David Crytes
Reuben P. Owens

On Witness Where of I Van W. Hale Clerk of the District Count Court of the the county of Stoddard and State aforesaid have hereunto Subscribed My Name and Affixed the Seal of Said court at office in Bloomfield County and State aforesaid the 21st day of May AD 1859.
Van W. Hale
Received for Record and Recorded 21 day of October Ad 1859
Van W. Hale
Fees $1.15



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