Record Book of Wills
in the County of Stoddard, Missouri
Book D Will 8

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

LAST WILL AND TESTAMENT

In the Name of God Amen,
I-Mary Elizabeth Stull-of the-Aquilla of-Stoddard -in the County of- -and State of-Missouri
being of sound and disposing mind and memory do make and publish this, my Last Will and Testament:-

First I will that all my Just debts be paid including my funeral expenses out of my personal estate.

Second - I will and bequeath to my beloved son Henry Otis Palmer, one dollar to be paid by my executor herein after named out of my personal estate within one year from the date of my death.

Third - I will and bequeath all the rest, residue and remainder of my property, real estate, personal and mixed property to my beloved daughter, Ora P. Palmer, and especially the following real estate to wit:
The West half of a piece of land described as follows: Beginning at the North East Corner of a one acre tract, here before sold to A.C. Rye situated on the West half of the South East quarter of the North West quarter of Section 23 township 26 Range 10 East, and running thence westwardly with the Bloomfield and Greenville public road one hundred and four (104) feet and six (6) inches, thence South Two hundred and nine (209) feet and six (6) inches, thence East, One hundred and four (104) feet and six (6) inches, thence North Two hundred and nine (209) feet and six (6) inches, to place of beginning. Containing one half acre in Bloomfield Stoddard County Missouri, and being the tract sold by John W. Capps to Bettie Palmer and recorded in Record Book No. 23 at page 237 warranty deeds records of Stoddard County Missouri.

Fourth - I hereby will and bequeath to my beloved husband Charles Stull one dollar to be paid out of my personal property by my executor, herein after named within one year after my death.

Fifth - I hereby constitute and appoint Riley S. Capps my executor of this my last will and testament.

Mary Elizabeth Stull - her mark

Witness to mark
Thumina Phelan
S.V. Phelan

We John Looney of Bloomfield Stoddard County Missouri and Maning S. Phelan of Bloomfield Stoddard County Missouri in the presence of each other and in the presence of the testator saw the said testator Mary Elizabeth Stull make her mark to the foregoing instrument of writing and in our presence declared said instrument to be her last will and testament and at her request we have hereto signed our names as witnesses to said last will and testament
witnesses
John Looney
Manning S. Phelan

This the 3rd of August 1901
/pg. 2/

Commission to take Depositions
(Chap. 26, rev. Stat.)
State of Missouri
County of Stoddard

To any Judge, Notary Public, Justice of the Peace, or Judicial Officer of the State of Missouri or to any Clerk of Court with a seal Greeting:

Know ye that we, in confidence of your prudence and fidelity do by these presents authorize you to cause to come before you, to be examined as witness in a cause pending in our Probate Court, for the County of Stoddard in the State of Missouri, wherein the affidavit of John Looney one of the subscribing witnesses of the last will and testament of Mary Elizabeth Stull deceased is required in Probating said last will and testament, said will being attached hereto, all and every such person, and at such time and place as shall be named be named to give for that purpose by the said attorney or agent.

And We command you to examine all and every such person upon his oath or solem affirmation first made or taken before you to testify the whole truth touching his knowledge of any thing relating to said matter in controversy between the said parties, and that give do take such his examination, and reduce to the same into writing when you shall have so taken his examination, you are to cause the witness to sign the same and to that and each examination, at the foot thereof you are to append your certificate setting forth the facts that the examination was subscribed and sworn to or affirming by the witness, and the day, as well as between what hours of the day or which it was done, as also the place of residence of the witness if known to you, should any paper or exhibit be produced or proven, or referred to by the witness you are to describe the same in his examination or cause it to be so marked by him as to establish its identity, and attach the same to his examination, The examination thus taken, you will certify under your hand and seal of office or cause to be accompanied by a certificate of your official character, attested by the seal of the State; or should it be more convenient, such authentication and proof of your official character may be made by the certificate and seal of the clerk of any court of record of any County of the State, District or Territory in which you reside; stating also in addition to the facts of his being clerk, and that the Court is one of Record that at the time when the depositions were taken you were an acting Judge (or other such office to whom this commission is addressed), and duly commissioned as such and you will return the same, and all exhibits produced to you, annexed hereto, carefully closed up and under your seal, directed to the Clerk of the Probate Court in and for the County of Stoddard and state of Missouri, with the names of the said parties litigants endorsed thereon with all convenient speed.

Witness my hand as Clerk of said probate court with the seal thereof hereof hereto affixed Done at office in Bloomfield Mo. This 4th day of January A.D. 1905
Geo. H. Crosser
Clerk of Probate Court

Proof of Will
State of Missouri
County of Stoddard
In the Probate Court

Be it remembered; that on this the 4th day of January A.D. 1905, before me Thomas Connelly Judge of the Probate Court held in and for the County and State aforesaid personally appeared Manning S. Phelan who is the subscribing witness to the annexed Will of Mary Elizabeth Stull deceased, and being by me first duly sworn deposes and says that the said Mary Elizabeth Stull the testator, subscribed the same in his presence and published and declared said Will or Instrument of writing to be her last will and testament and that at the time of signing the same she was the said testator was of sound and disposing mind, and more than twenty one years of age, and that said deponent attested said will as witness thereto be subscribing his name to the same in the presence of the testator and of each other and tat the request of said testator.
Manning S. Phelan

Sworn to and subscribed before me this 4th January 1905
Thomas Connelly
Judge of Probate

PROOF OF WILL
STATE OF MISSOURI
County of- Bollinger In the-Probate -Court.

BE IT REMEMBERED, That on this- the 7th day of- January -, in the year of our Lord One Thousand Nine Hundred and-Five -, before me- Sam J. McMinn Clerk -of the-Circuit -Court, held in and for-the County and State aforesaid - and State of Missouri, personally appeared- John Looney who is the subscribing witness to the annexed will of Mary Elizabeth Stull, the testator, deceased -who being duly sworn upon-his -oath, depose-s -and say-s -that- he -w- as -present and saw-Mary Elizabeth Stull, the testator, sign the foregoing instrument, of date- 3rd of August -19-01 -purporting to be-her the Last Will and Testament of h- -the said-Mary Elizabeth Stull -and heard-her -publish and declare the same to be h-er -Last Will and Testament, and that at the time of signing the same, the said-testator -was of sound and disposing mind, and that th-e -deponent-attested said will -the attesting witnes- -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.
John Looney

Sworn to and subscribed before me, 7th day of Jan. A.D. 1905
-of the- -Court, the day and year first aforesaid.
Sam J. McMinn
Circuit Clerk
Bollinger Co., Mo.

CERTIFICATE OF PROBATE
STATE OF MISSOURI
County of- Stoddard -}In the-Probate -Court

I,-Thomas Connelly, Judge -of the-Probate-Court-Stoddard -County, Missouri, having examined the foregoing instrument purporting to be- the -the Last Will and Testament of-Mary Elizabeth Stull -deceased, and signed by said-Mary Elizabeth Stull -deceased, late of- Stoddard -County,-Missouri -and having heard the testimony of-Manning S. Phelan; -and-John Looney, having given his testimony before the Clerk of Circuit Court of Bollinger co., Mo. -subscribing witnesses thereto, in relation to the execution of the same, do declare and adjudge said Instrument-to be -the Last Will and Testament of said-Mary Elizabeth Stull -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- 16th -day of-January -19-05
Thomas Connelly
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-Mary Elizabeth Stull -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-Riley S. Capps -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-Riley S. Capps -as such Execut-or -, to collect and secure, all and singular the goods and chattels, rights and credits, which were of the said- Mary Elizabeth Stull -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-Thomas Connelly, 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, Mo -this- 16th -day of-January -, A.D. 19-05
Thomas Connelly
By- Judge -of said Court.

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

We,-Riley S. Capps -as Principal and-Ralph Wannack -as Securities, are held and firmly bound unto the State of Missouri in the sum of-One Thousand 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- 16th-day of- January-A.D. 19-05

The Condition of the Above Bond is, That if the said- Riley S. Capps -of the Last Will and Testament of- Mary Elizabeth Stull-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-him - 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.
R.S. Capps
Ralph Wammack
J.R. Kenting - his mark
Witness to mark
W.L. Tucker

I.- Thomas Connelly, Judge -of the Probate Court of-Stoddard -County, Missouri, hereby certify that the above BOND was signed and executed in my presence.
Thomas Connelly Judge-of Probate.

Filed- 16th -day of-January -19-05
Thomas Connelly
-Judge of Probate

Recorded the foregoing BOND this- 16th -day of-January -19-05
Geo. H. Crosser -Probate Clerk





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