Record Book of Wills
in the County of Stoddard, Missouri
Book D Will 106

{This is a form page, the words written in italics are the handwritten words}

LAST WILL AND TESTAMENT of James Y. Evans

In the Name of God, Amen. I, James Y. Evans - of the- County of- Stoddard -in the State of Missouri, aged 67 years, being of sound mind and memory do make and publish this, my Last Will and Testament; as follows:

1. I request that my funeral be conducted under the direction of my beloved children and in a manner suitable to my means and position in life, and that my body shall be buried by the side of the grave of my beloved wife, and that suitable words shall be engraved on the tombstone which now stands at her grave as my beloved children my desire, the cost of which shall be considered as funeral expenses. And I direct that all my funeral charges, the expense of administering on my estate, and all my just debts, be paid out of my personal estate; and if that be insufficient, I expressly authorize my executor, hereinafter named, to sell at public sale or private sale the whole or such part of my real estate, as may be sufficient for that purpose.

2. I give, devise and bequeath to my beloved children Virginia Launius, Emily Cook, Eliza Edwards, Marion W. Evans, Rosa Magee, and to my beloved grand-son, W. Lee Evans, all of my real estate, to be divided equally between the, described as follows, to-wit: The south half of the south west quarter of the northeast quarter, north west quarter of the southeast quarter, south half of the south half of the north west quarter and the northeast quarter of the southwest quarter, all in section sixteen (16), township twenty-six (26), range eleven (11), east, in Stoddard County, Missouri. Being 140 acres.

3. I give and bequeath to my beloved daughter, Eliza Edwards, the dresser and wash stand that is in my room and one bed stead & bedding.

4. I give and bequeath to my beloved daughter, Rosa Magee, the wardrobe that is in my room, and picture No. 3, and one bed stead & bedding.

5. I give and bequeath to my beloved son, Marion W. Evans, pictures Nos. 1 and 2.

6. I give and bequeath to my beloved grand son W. Lee Evans pictures Nos. 4 and 5.

7. I give and bequeath to the Masonic Lodge No. 153 of Bloomfield, Missouri, picture No. 6.

8. I give and bequeath to my beloved daughters, Virginia Launius, Emily Cook and Eliza Edwards, all the balance of the pictures other than the above numbered, to be divided between them as they may choose to divide them.

9. I hereby give and bequeath to all of my beloved children, as above named, and to my beloved grand son, W. Lee Evans, all the balance of my personal property, of whatever kind or character, to be equally divided between them and each of them.

10. I hereby appoint my beloved son, Marion W. Evans, and my /pg. 2/ beloved son-in-law, John W. Launius, executors of this my last will and testament, revoking any former will by me made, and I authorize and empower my said executors in the settlement of my estate and of any debts due me, to compromise said debts, and if they think it advantageous to my estate to accept in satisfaction less than the full amount thereof.

11. I hereby appoint Hutson S. Green the legal advisor of my executors of this my last will and hereby clothe him with full power to represent them and my estate int he full settlement thereof.

In witness whereof I have hereunto subscribed my name, this 29th day of June, 1915.

James Y. Evans

The foregoing instrument was at the date thereof signed and declared by the said James Y. Evans to be his last will and testament, in the presence of us, who, at his request and in his presences, and in the presence of each other, have subscribed our names as witnesses thereto.
H.M. Flanary
T.H. Ezzell
F.A. Brannock
/pg. 3/

State of Missouri
County of Stoddard
On this 28th day of December, 1918 before the undersigned M. Walker Cooper, Judge of Probate personally appeared Marion W. Evans and John W. Launius, who being duly sworn, say that to the best information and belief of affiants James Y. Evans died testate at Ipley, Dunklin County, Mo. On the 25th day of December, 1918, leaving as his heirs at law Virginia Launius, daughter; Emily Cook, daughter; Eliza Edwards, daughter; Marion W. Evans, son; Rosa Magee, daughter; and W. Lee Evans, grand-son.
M.W. Evans
John W. Launius

Sworn to and subscribed before me, this 28th day of December, 1918.
M. Walker Cooper,
Judge of Probate

PROOF OF WILL
STATE OF MISSOURI
County of- Stoddard In the- Probate -Court of Stoddard County, Mo.
BE IT REMEMBERED, That on this - 28th -day of- December -, in the year of our Lord One Thousand Nine Hundred and-Eighteen , before me -M. Walker Cooper, Judge - of the-Probate -Court, held in and for - the County of Stoddard -and State of Missouri, personally appeared - H.M. Flanary and T.H. Ezzell - who being duly sworn upon -their -oath, depose- - and say- -that - they -w -ere - present and saw - James Y. Evans - sign the foregoing instrument, of date -June 29th - 19 -15 - purporting to be - - the Last Will and Testament of h - im - the said - James Y. Evans - 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 -James Y. Evans -was of sound and disposing mind, and that th - ese - deponent -s - and - F. A. Brannock - the other attesting witness - - 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.
H.M. Flanary
T.H. Ezzell

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, Mo.
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 - James Y. Evans - deceased, and signed by said - James Y. Evans - deceased, late of-Stoddard -County,- Missouri -and having heard the testimony of -H.M. Flanary - and -T.H. Ezzell - 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 - James Y. Evans - 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 - 28th - day of -December - 19-18
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 -James Y. Evans - 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 - Marion W. Evans and John W. Launius - ha -ve - been appointed execut -ors - 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 - them - the said - Marion W. Evans and John W. Launious - as such Execut-ors -, to collect and secure, all and singular the goods and chattels, rights and credits, which were of the said -James Y. Evans - 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 - them - by said Last Will and Testament, so far as there shall be property and the law charge - them - ; and in general to do and perform all other acts which are now or may be hereafter required of -them - 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 - 28th- day of -December -, A.D. 19-18
M. Walker Cooper,
By- Judge -of said Court.

EXECUTOR'S BOND, or Bond of Administrator with Will Annexed.

We, -Marion W. Evans and John W. Launius - as Principal and - T.H. Ezzell and W.H. Huggins - as Securities, are held and firmly bound unto the State of Missouri in the sum of - Nine hundred - 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 -28th -day of - December -A.D. 19- 18

The Condition of the Above Bond is, That if the said -Marion W. Evans and John W. Launius -of the Last Will and Testament of - James Y. Evans - 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 - them - 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.
M.W. Evans
John W. Launius
T.H. Ezzell
W.H. Huggins

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 - 28th - day of -December -19- 18
M. Walker Cooper -Judge of Probate

Recorded the foregoing BOND this -28th -day of - December -19-18
M. Walker Cooper -Probate Clerk



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