Record Book of Wills
in the County of Stoddard, Missouri
Book D Will 150, 151 & 152
{This is a form page, the words written in italics are the handwritten words}
LAST WILL AND TESTAMENT
I Milton W. Brannock, a resident and citizen of the City of Bloomfield, in Stoddard County, Missouri, do make publish and declare this to be my last will and testament, hereby revoking and making null and void all former last wills and testaments, and codicils thereto, heretofore made by me at any time, so that this instrument shall stand and be by last will and Testament:
Section One
I hereby authorize direct and empower my Executors hereinafter named, to pay all of my just
debts, administration and funeral expenses, and to erect a suitable monument to mark my last
resting place at such cost as they may deem just, reasonable and proper, to be paid for and of
my estate; I direct that all of these things be done as soon after the qualification of my executors
as may be practicable.
Section Two
I hereby authorize and direct my executors out of my estate to pay all inheritance taxes assessed
by the State of Missouri, or in any other State in which my property may be located, or by the
United States, whether said taxes be a charge upon my real or personal estate or whether they be
a charge against the respective beneficiaries under the bequests and devises I have made under
this will. I direct that all said taxes or assessments shall be a charge against my estate, and shall
be paid by my estate, and not be charged against my beneficiaries. I make this provision for the
purpose of relieving my beneficiaries of the burden of looking after such matters and to relieve
the bequests I make herein of such taxation and assessments
Section Three
I now own various real estate and interests in real properties in Stoddard County, Missouri. I
also own certain real estate in Clay County, Arkansas, and an undivided interest in a large tract
of land in ________Parish, in the State of Louisiana. It is my will and desire that said property
shall be converted into cash by my Executors. In order that said property may not be sacrificed.
I hereby authorize direct and empower my Executors in their sole desecration to sell said real
estate, or any part or parcel thereof at such time or times as they may direct to be most
advantageous to my estate and at such time or times as they may think just, reasonable and
proper, and to such person or persons as they may deem best and on such terms as they may
think and believe to be for the best interests of my Estate. Said property or any portion thereof,
may be sold ...... for cash or part cash and part deferred payments, ....on deferred payments. All
such payments may be ...sessed by vendor liens mortgages or deeds of trust as my Executors may
deem best. My will and desire is that my Executors be wholly and absolutely empowered and
authorized to hold said property until such time or times that they may be convinced it is best for
my estate to sell same, and while holding said properties, I hereby authorize, empower and direct
my Executors to lease or rent /pg. 2/ said real estate or any portion thereof, for such terms and
for such rents and on such conditions as they may deem just, reasonable and proper; and in this
consideration, I authorize, direct and empower my Executors, if they deem it to be for the best
interest of my estate, to lease for mining purposes, for drilling for gas or oil or other mineral
substance, any part of or all of my real estate, the terms of such lease and conditions and the
royalties or rentables to be received therefor, shall be left wholly to the discretion of my
executors. If it be necessary in the opinion of my executors to make any improvements on said
real estate from time to time, or at any time, I hereby authorize empower and direct my
Executors in their discretion to make such improvements and to pay the taxes on said real estate
from time to time out of any moneys that my be in their hands derived from my personal estate,
or from any real estate that may have been sold by them.
I hereby authorize, direct and empower my said Executors to take possession of , hold, use and enjoy all of my said real estate as fully and as completely as I may have held, used and enjoyed the same if I were living at such time or times. All moneys spent by my executors for the purpose of improving, looking after and caring for said real estate, or paying the taxes thereon shall be a charge against my personal estate. All moneys received by my Executors from said real estate shall be accounted for by my executors as a part of my personal or general estate.
Section Four
I own certain personal property among which will be found bonds of the United States, and
possibly other bonds, also mortgages on real estate, that is notes secured by other kinds of
personal property. I hereby authorize, empower and direct my Executor to sell or dispose of as
to convert into cash any of such personal property from time to time; and I likewise direct,
authorize and empower my executors to exchange any of said personal property for other
personal property on such terms and convictions, and at such time or times as my Executor shall
determine, well knowing that my Executors at all times will be careful and diligent in seeking to
do what is best for my Estate and my beneficiaries, and in the discretion of my executors I
authorize them to invest and re-invest any moneys that may be in their hands, and undisposed of,
loan time to tome in such securities, bonds or mortgages as they may deem just, reasonable and
proper, so that they in their discretion may invest in notes secured by first mortgages or first
deeds of trust on real estate situate in this State or any other State, or in high grade investment
bonds of any corporation of any State or in bonds of any State or any subdivision of any State,
or any bonds of the United States.
Section Five
My deceased brother, Jason W. Brannock, died many years ago, and left surviving him his sons
the oldest Howard Brannock and the youngest Ralph Brannock. I do hereby direct my
executors as soon after their qualifications as may be convenient to pay to my nephew, Howard
Brannock, Five hundred dollars ($500.00) in cash and to pay to my nephew, Ralph Brannock
Five thousand dollars /pg. 3/ ($5000.00) in cash, which shall be full of their right, title and
interest in my estate.
Section Six
My mother, Mrs. A. E. Campbell, is still living, and if she survives me, then and in that case I
direct my Executors to divide my Estate, after paying my just debts, funeral expense, and the
bequests herein above made, into two equal parts, one part being one half of my net estate shall
be held aby my executors during the life time of my mother, and during her life time, at such
convenient times as they may deem just, reasonable and proper, my Executors shall pay to my
mother the income on said one-half of my estate held by them after paying the taxes or other
charges on the property so held for the benefit of my mother; and if at /will #151 p. 1/ anytime,
in the discretion of my executors, said income should not be sufficient to care for my mother and
provide all reasonable necessaries for her comfort, I direct my executors in their discretion, if
they deem it reasonable and proper, to use such part of the principal of the funds or property in
their hands for the use and benefit of my mother. At the death of my mother, I direct my
Executors to pay the funds and property in their hands, held for the use of my mother to my
brother, Frank A. Brannock, It is my will that the title in the property so held for the use of my
mother shall vest absolutely in my Executors, and shall be held by my Executors during the life
time of my mother, and out of such property such payments shall be made to my mother from
time to time as herein above provided.
Section Seven
All the rest, residue and remainder of my Estate, of every kind and character, and wheresoever
situated or located, I give, devise and bequeath unto my brother, Frank A. Brannock to be held
by him absolutely and solely in fee simple title. If my brother should not survive me however, or
if he should die before the final distribution of my estate, then it is my will and I hereby direct
that the interests in my estate provided for my brother, Frank A. Brannock, shall pass to and
vest in his children share and share alike and if any of his children shall at such time be dead
and leave issue, then the issue of such a deceased child or children shall receive and have an
equal share the share their parent would have held if parent had survived.
Section Eight
I any of the beneficiaries of my estate herein provided for should be minors at the time of the
distribution herein provided for, then it is my will and desire and I hereby direct empower and
authorize my said Executors to hold the share of such minor or minors until same reach the age
of twenty-one years. I further empower, authorize and direct my Executors in such case or cases
to use their discretion in providing for such minors, so that my Executors may use the income or
any part of the principal going to such minor, as they may deem just, reasonable and proper for
the purpose of educating, maintaining or supporting such minors and while such funds are in the
hands of my Executors they are authorized to invest said funds as herein provided from time to
time.
Section Nine
I hereby nominate, constitute and appoint my trusted friends Stephen B. Hunter, of Cape
Girardeau, Missouri, Alfred L. Harty of St. Louis, Missouri and my brother, Frank A.
Brannock, as Executors of this my last will and testament and having absolute confidence in the
ability and integrity of my said Executors, I hereby direct that they be permitted to act without
bond. Should either of my said Executors fail or refuse to qualify or should either of them die or
resign after quali- /pg. 2/ fying, the surviving Executors may act and have as full power and
authority as if all had qualified and acted hereunder.
In witness whereof, I have hereunto set my hand and affixed my seal at the City of St. Louis,
Missouri, this 14th day of November, A.D. 1922
Milton W. Brannock
We hereby certify that Milton W. Brannock, the testator named in the foregoing instrument of writing, subscribed his name thereto on this day and to us declared the same to be his last will and testament; that we subscribe our names hereto as witnesses in the presence and at the request of said testator, and in the presence of each other, and that at the time of the execution of said instrument as aforesaid, and of our subscribing the same as witnesses, the said testator was of sound and disposing mind, to the best of our knowledge and belief.
Witness our hands at the City of St. Louis, Missouri, this 14th day of November, A.D., 1922.
B.A. Wilkes
W.M. Fitch
Oath of Executors
State of Missouri
County of Stoddard
The undersigned Stephen B. Hunter, Alfred L. Harty and Frank A. Brannock, Executors under
and by virtue of the Last Will and Testament of Milton W. Brannock, deceased, late of Stoddard
county, Missouri, personally appeared before me, the Judge of the Probate Court, with and for
the county of Stoddard and State of Missouri, and being duly sworn by me, upon their oaths say
that they will make a true and perfect inventory of all and singular the goods and chattels, lands
and tenements, rights and credits of said testator, according to law, and will well and truly
execute or administer the Last Will and Testament of the said testator, by paying first his debts,
and then the legacies contained in said Last Will and testament, as far as the assets of the said
Testator will extend and the law direct, render just accounts and faithfully perform all things
required by law touching such executor ship or administration.
Stephen B. Hunter
Alfred L. Harty
Frank A. Brannock
Subscribed and sworn to before me by Alfred L. Hard and Frank A. Brannock, at Bloomfield,
Missouri this 25th day of November, 1922
M. Walker Cooper
Judge of Probate
Subscribed and sworn to before me by Stephen B. Hunter, this 29th day of November, 1922
M. Walker Cooper
Judge of Probate
Commission to Prove Will
State of Missouri
County of Stoddard
The State of Missouri, to any Court having a seal, or the Judge thereof or Justice of the Peace or any Notary Public, Mayor or Chief Magistrate of any City or Town having a seal in the City of St. Louis, in the State of Missouri, Greeting: Know Ye, that we hereby empower you to cause to come before you at the time and place to be by you appointed B.A. Wilkes and W.M. /pg. 3/ Fitch attesting witnesses to the annexed instrument of writing, purporting to be the last will and testament of Milton W. Brannock, deceased, and to then and there examine them the said BA. Wilkes and W.M. Fitch on oath touching their knowledge of the execution of said instrument, and of the condition of the mind of the said Milton Brannock at the time of the execution and publication of the same as his last will and testament. The examination thus taken, you will reduce to writing and cause the same to be subscribed and sworn to by the said B.A. Wilkes and W.M. Fitch and thereupon you shall certify the same under your hand to M Walker cooper, Judge of our Probate court of said County.
In witness whereof I, M. Walker Cooper, Judge of said Probate Court have hereunto set my
name and affixed the seal of said court at Bloomfield, Missouri on this 25th day of November,
1922
M. Walker Cooper
Judge of Probate
/will #152, pg. 1/
Return to Commission to Prove Will
State of Missouri
County of St. Louis
Before Cedric F. Schlemmer, a Notary Public of St. Louis, Missouri
In Pursuance of the authority to me given by the annexed commission issued by the Judge of the
Probate Court within and for the county of Stoddard and State of Missouri, I Cedric F.
Shlemmer, did on the 29th day of November, A.D. 1922, cause to come before me at my office in
the City of St. Louis and State of Missouri, B.A. Wilkes and W.M. Fitch, who being by me duly
sworn deposeth and say that they wee present and saw Milton W. Brannock sign the foregoing
instrument of date November 14th, 1922, purporting to be the Last Will and Testament of him,
the said Milton W. Brannock and heard him publish and declare the same to be his last will and
testament, and that at the time of signing the same, the said Milton W. Brannock was of sound
and disposing mind, and that these deponets, the attesting witnesses, subscribed their names
thereto as witnesses to the same in the presence of the testator, and of each other, and at the
request of the testator, who was more than twenty-one years of age at the date of so declaring
and signing said instrument, and further deponent saith not.
B.A. Wilkes
W.M. Fitch
Sworn to and subscribed in my presence this 29th day of November, A.D. 199 and I hereby certify
that the testimony of the said B.A. Wilkes and W.M. Fitch was by me reduced to writing, and by
them subscribed in my presence, on the day and year and at the place above written, and their
testimony so by me taken and certified is herewith returned.
Cedric F. Shlemmer
Notary Public
My commission expires Oct. 30, 1925
State of Missouri
County of Stoddard
On this 1st day of December, 1922, before the undersigned M. Walker Cooper, Judge of the
Probate Court, personally appeared Frank A. Brannock, who being duly sworn, says that to the
best information and belief of affiant, Milton W. Brannock died testate at St. Louis, Missouri on
the 22nd day of November, 1922 leaving as his heirs at law Mrs. A. E. Campbell his mother, of
Stoddard county, Missouri; Frank A. Brannock a brother, of Stoddard County, Missouri;
Howard Brannock, a nephew, of Red Oak, Iowa; and Ralph Brannock, a nephew of Stoddard
County, Missouri.
Frank A. Brannock
Sworn to and subscribed before me, this 1st day of December, 1922.
M. Walker Cooper
Judge of Probate
/pg. 2/
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 -Milton W. Brannock - deceased, and signed by said - Milton W. Brannock - deceased, late of-Stoddard -County,- Missouri -and having heard the testimony of - B.A. Wilkes - and -W. M. Fitch - 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 -Milton W. Brannock - 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 - 1st - day of -December - 19-22
M. Walker Cooper,
Judge of Probate
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 - Milton W. Brannock - 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 - Stephen B. Hunter, Alfred L. Harty and Frank A.
Brannock - ha -ve - 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 - them - the said -Stephen B. Hunter, Alfred L. Harty and Frank A. Brannock
- as such Execut-ors -, to collect and secure, all and singular the goods and chattels, rights and
credits, which were of the said - Milton W. Brannock - 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 -1st - day of -December -, A.D. 19-22
M. Walker Cooper,
By- Judge -of said Court.
EXECUTOR'S BOND, or Bond of Administrator with Will Annexed.
No Bond Required
© This page created and placed here by: Connie Perkins cpfamilyhistory@worldnet.att.net November 01, 1999 for MOGenWeb | ||
This site is a part of the Stoddard County Missouri web site, hosted by: Mary Hudson mahud@fidnet.com If you have a problem with this site, please contact Mary Hudson and/or Connie Perkins | ||
This Page sponsored by Rootsweb |
Return to: Stoddard County Web Site |
|
Since November 01, 1999 You are our 20th visitor -- thanks for stopping by! |