Record Book of Wills
in the County of Stoddard, Missouri
Book D Will 138

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

LAST WILL AND TESTAMENT

I, J.G. Kirby, of the county of Stoddard and State of Missouri, being of sound mind and disposing memory, do make and publish this my last will and testament, hereby revoking all former wills at anytime heretofore by me made.
It is my desire that my funeral expenses and all my just debts be paid as soon as possible after my death.

First: I hereby direct my executors, hereinafter named, to convert my personal property into money.

Second: I give, devise and bequeath to my beloved daughter, Clara Summers, all of the south half of section twenty four (24) lying north and west of the St. Louis-San Francisco railroad, and all the north half of said section twenty four (24), lying east of said St. Louis-San Francisco railroad, all in township twenty-six (26) north range nine (9) east, in Stoddard County, Missouri, and the sum of One Thousand Dollars in money.

Third: I give devise and bequeath to my beloved daughter, Jesse Heaton, the east half of the southeast quarter of the northeast quarter of section twenty-three (23), and all that part of the north half of section twenty four (24) lying west of the St. Louis-San Francisco railroad, all in township twenty six (26) north, range nine (9) east, in Stoddard county, Missouri, and the sum of one Thousand Dollars in money.

Fifth: I further will and direct that all of the money after my debts and liabilities and the legacies herein above provided for shall be paid off and discharged, be by my said executors invested in United States Liberty Bonds and United States War Savings Stamps, if practicable and, if not, then in some other safe means to be by them determined and be kept so invested until the first day of July 1922, at which time, or as soon thereafter as practicable, I direct that such securities be converted into money and the same be applied to the payment of the debts secured by the mortgage given by me on the 4th day of August, 1917, to the Federal Land Bank of St. Louis, conveying to said bank, in trust, the northeast quarter of section twenty four(24) in township twenty six (26 north, range nine (9) east in Stoddard county, Missouri, and which said mortgage is of record in Book 47, one of the land records of Stoddard County, Missouri, at page 104. If after having paid off and discharged said debt to said Federal Land Bank of St. Louis, above mentioned, than the money remaining in the hands of my executors belonging to my estate, out of said reminder I bequeath to my /pg. 2/ brother W.A. Kirby, the sum of three hundred (300) dollars to my brother Gus Kirby, the sum of fifty (50) dollars, and the balance, if any, to my three children herein named, share and share alike.

Sixth: I hereby constitute and appoint my brother W.A. Kirby and my son-in-law, C.F. Heaton, as executors of this my last will and testament, without bond, to carry out and execute the same as herein provided, and I direct that they shall receive as compensation for their services as such executors a sum equal to four percent of the personal property bequeathed by this will, to be equally divided between them.

In witness whereof, I have hereunto subscribed my name, this 19th day of October, A.D. 1918.
J.G. Kirby

The above and foregoing instrument was at the date thereof signed and declared by the said J.G. Kirby to be his last will and testament in the presence of us, who, at his request, and in his presence, and in the presence of each other, have subscribed our names as witnesses thereto.
H.M. Lewis
Sam F. Hobbs
J.F. Wordy
/pg. 3/

State of Missouri
County of Stoddard

On this 28th day of November, 1921, before the undersigned M. Walker Cooper, Judge of Probate personally appeared C.F. Heaton, who being duly sworn, says that to the best information and belief of affiant J.G. Kirby died testate at Asel, Missouri on the 18th day of November, 1921, leaving as his heirs at law Clara Summers, daughter; Jessie Heaton, daughter; and Marion Larson, daughter.
C.T. Heaton

Sworn to and subscribed before me, this 28th day of November, 1921.
M. Walker Cooper,
Judge of Probate

PROOF OF WILL
STATE OF MISSOURI
County of- Stoddard In the- Probate -Court of Stoddard County, Missouri

BE IT REMEMBERED, That on this - 28th -day of-November -, in the year of our Lord One Thousand Nine Hundred and- Twenty-one , 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. Lewis and Sam F. Hobbs - who being duly sworn upon - their -oath, depose- - and say- -that - they -w - ere - present and saw - J.G. Kirby - sign the foregoing instrument, of date -October 19th - 19 - 21 - purporting to be - - the Last Will and Testament of h - im - the said - J.G. Kirby - 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 - J.G. Kirby -was of sound and disposing mind, and that th -ese - deponent - s - and -J.F. Wordy - 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. Lewis
Sam F. Hobbs

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 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 -J.G. Kirby - deceased, and signed by said - J.G. Kirby - deceased, late of-Stoddard -County,- Missouri -and having heard the testimony of -H.M. Lewis - and -J.G. Kirby - 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 -J.G. Kirby - 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 -November - 19-21
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 - J.G. Kirby - 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 -C.T. Heaton - 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 - C.T. Heaton - as such Execut- or -, to collect and secure, all and singular the goods and chattels, rights and credits, which were of the said - J.G. Kirby - 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 -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 - 28th - day of - November -, A.D. 19-21
M. Walker Cooper,
By- Judge -of said Court.

EXECUTOR'S BOND, or Bond of Administrator with Will Annexed.
No Bond Required



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