Record Book of Wills
in the County of Stoddard, Missouri
Book B, p. 157-159
Last Will and testament of David Garner.
In the name of God Amen.
I David Garner being of sound and disposing mind but in feeble health and
realizing the certainty of death and the uncertainty of life do make and publish this
my last will and testament.
First-- I will that all my just debts be paid including my funeral expenses.
Second-- I will and bequeath to my beloved wife Mary Garner and my beloved
sons Eli Jackson Garner Jr. and David Alexander Garner the following
described real estate to wit:
The South half of Lot No. Two (2) of the South West quarter the South half of Lot
No. Two (2) of the North West quarter, the South East quarter of the North East
quarter and the North East quarter of the South East quarter, the South west quarter
of the North East quarter and the West half of the South East quarter and the South
half of Lot No. One (1) of the North West quarter and the North half of Lot one (2)
of the South West quarter of Section no. Thirty one (31) township No. Twenty five
(25) Range No. Ten (10) East and also the East half of the North East quarter of the
South East quarter of Section No. Thirty Six (36) township No. Twenty five (25)
Range No. Nine (9) East to use and enjoy equally and Jointly during the continued
life of my Said beloved wife Mary Garner and at her death to go to my said two
sons Eli Jackson Garner and David Alexander Garner to use enjoy and control
equally and jointly.
Third. I will and bequeath to my beloved Grand sons David Lee Garner, Lenter
Levi Garner, and Thomas L. Garner the following described real estate to wit:
The
pg. 158
East half of the South West quarter and the South west quarter of the South west
quarter of Section No. Thirty Six (36) and the East half of the South East quarter of
Section No. Thirty five (35) all in township No. Twenty five (25) Range No. Nine
(9) East to use enjoy and control equally after my death and said land not to be sold
or fractioned until the youngest of said boys become 25 years of age.
Fourth-- I will and bequeath to my beloved daughter Sarah Chase and to her
bodily heirs the following described land to wit: The South East quarter of the
South East quarter of Section No. Thirty (30) township No. Twenty five (25) Range
No. Ten (10) Est to use enjoy and control forever.
Fifth-- I will and bequeath to my beloved daughters Dicey Moore, Jane Jerrels,
Casey Huggins and Sibby Loyd and to the heirs of my beloved son Wm. H.
Garner each a childs part according to heirship the following described land to wit:
The East half of the North East quarter and the South west quarter of the North
West quarter of Section No thirty five (35) Township No. Twenty five (25) Range
No. Nine (9) East.
Sixth-- I will and bequeath to my beloved grand daughter Rosa daughter of my
deceased son W.J. Garner five dollars to be paid out of my personal estate by my
executor hereinafter named.
Seventh-- I will and bequeath to all my heirs except Rosa the daughter of my Son
W.J. Garner all the rest of my estate be the same real personal or mixed to be
divided equally between them by my executor hereinafter named.
Eighth- I hereby constitute and appoint Joseph Howell my executor of this my last
will and testament.
David Garner - his mark
C.C. Fields
E.P. Huggins
We William M. Miller and M.S. Phelan at the request of the testator have signed
our names as witness hereto and in his presence and in the presence of each other
heard him declare and publish the ame to be his last will and testament this the 5th
day of October 1891.
Wm. Miller
M.S. Phelan
Proof of Will
State of Missouri, County of Stoddard
In the Probate Court
pg. 159
Be it Remembered that on this the 19th day of November A.D. 1891 before
me Ralph Wanmack Clerk of the probate Court held in and for the county and State
aforesaid, personally appeared Wm. Miller and M.S. Phelan who are the
subscribing witnesses to the annexed will of David Garner deceased and being by
me first duly sworn depose and say That the said David Garner the Testator
subscribed the same in their presence and published and declared said will or
Instrument of writing to be his last will and testament and that at the time of signing
the same he the said testator was of sound and disposing mind and more than
twenty-one years of age, and that said deponents attested said will as witnesses
thereto by subscribing their names to the same in the presence of the Testator and
of each other and at the request of the said testator.
Wm. Miller
M.S. Phelan
Sworn to and Subscribed before me this 19th day of November A.D. 1891.
Ralph Wanmack
Clerk of Probate
Certificate of Probate of Will
State of Missouri, County of Stoddard
In the Probate Court
I Ralph Wanmack Clerk of the Probate court of Stoddard County State of
Missouri having Examined the foregoing Instrument purporting to be the Last Will
of David Garner deceased and having heard the testimony of Wm. Miller and
M.S. Phelan subscribing witnesses thereto in Relation of the Execution of the same
do declare and adjudge said Instrument to be the Last Will and testament of the said
David Garner deceased late of Stoddard County, Missouri.
In testimony whereof I have hereunto set my hand and affixed the seal of said
court at office in Bloomfield this 11th day of Nov.1891.
Ralph Wanmack
Clerk of Probate
Recorded the 20th day of November 1891.
Ralph Wanmack
Clerk of Probate
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