Person:Henry Powell (14)

Will of Henry Powell

PROOF OF PROBATE OF WILL OF HENRY A. POWELL

RECORDED IN BOOK D -- 1443

I, Henry A. Powell, of the County of Macon, State of Missouri, being sound in mind and memory, but being old and knowing that this life is soon to end by nature's ordinary course, and desiring to direct the disposal of my effects after my death, do hereby make and publish this last will and testament to wit:

1st -- I give and bequeath unto my present wife, Nancy Jane Powell, the sum of Twelve Hundred Dollars and, in addition thereto, I direct that she have and hold each and every article of beds and bedding which were brought by her to my house at the time of our marriage, and also that she have my buggy (if I have one), one good horse and one good milch cow. This bequeath of Twelve Hundred dollars to my said wife is made at her request and is by me intended to be in lieu of dower in my Real Estate and Personal Property, and when the same is paid and delivered to her she shall thereupon execute and acknowledge, and deliver to my administrator a deed relinquishing all rights of dower in all my Real Estate and Personal Property, which conveyance shall be made in favor of my children or the purchasers of my Real Estate in case it be sold. Such relinquishment of Dower is made a condition upon which said bequeath is paid to my said wife.

2nd -- I hereby designate and set apart one half of an Acre of land as a burial ground for myself, my wife and children that desire to be buried thereon; which said half acre to be taken out of the SW1/4 of the N. E. Quarter of Section #30, TP57, R15, and to be surveyed to include such graves as may be on said ground at my death, and when so designated and surveyed be excepted from Real Estate when it is sold and be forever held sacred for the purpose stated.

3rd -- I further will that after the payment of said $1200.00 in cash to my said wife and the setting aside to my said wife of the Personal Property herein provided for, and after the payment of my funeral expenses, including a first class Metalic Coffin of the best and most durable quality and manufacture, and after the payment of just debts, that the remainder of my Estate, Real and Personal and Mixed, be divided equally between my children as hereinafter directed.

4th -- I direct my Executors to collect all my notes and accounts due me as soon as the same can be done, and also convert all other personal property to cash, and divide the same among my children within the first year of the administration or as soon thereafter as can be done. I also direct my Executors to sell my Real Estate just as soon as it can be sold and when the money is received likewise distribute it among my children; and I leave the time, terms and manner of sale to the sound discretion of my Executors, and give them express authority to Execute, acknowledge and deliver all necessary deeds of conveyance for said Real Estate.

5th -- The respective share of each of my sons due to them from my Estate under this will, I direct shall be paid to them, each in his proper person, if then living, and if dead then to his living children, share and share alike.

6th -- The share due my daughters, Mary H. Landree, Frances R. Love, Elizabeth Stacy, and Mittie Stone, I give and bequeath to them for their sole and separate use, benefit and behalf, free from claim, use, enjoyment or control of their respective husbands, present or future; and I direct and charge my Executors to pay said shares to each of my said daughters in their proper person, if they be living and if dead then I direct said share or shares to be paid to their children then living, share and share alike.

7th -- The Share herein given to my daughter, Nancy S. Turk, I bequeath and give for her sole and separate use and benefit and behalf, free from the claim and enjoyment and control of her husband, D. K. Turk; and I direct and charge that if the said Turk be living and the husband of my said daughter when my Executors are ready to pay over my said daughter, Nancy S. Turk's share or any part of it, I appoint my son, Henry M. Powell, her trustee, to whom said Nancy's share shall be paid and who shall safely keep the same at the highest legal rate of interest obtainable, and pay the annual interest and twenty dollars of principal to said Nancy ea ch year. Should said Nancy die leaving said D. K. Turk her husband, I want whatever may remain of said Nancy's share to go to her living children, and if they or any of them be minors, such minors shall have a guardian appointed under the law, but which guardian shall not be the said D. K. Turk, nor shall he be accepted as bondsman. If my son, Henry, neglects or refuses to act as said trustee, then I wish the probate court to appoint such Trustee. But if at any time my said daughter, Nancy, should become divorced from said Turk or he should die before my said daughter, Nancy, then I direct that her share in my Estate is to go directly to her the same as provided in regard to my other daughters, and subject to the same conditions and limitations as are made as to the shares of my other daughters, but none other. If at the time of my death or Probate of this Will or distribution of my Estate said D. K. Turk has ceased to be the husband of my said daughter, Nancy, then this entire section #7 shall be regarded as inoperative.

8th -- I have already made the following advancements to my children to wit:

William R. Powell $ 1000.00

Henry M. Powell $ 1000.00

James M. S. Powell $ 1020.00

Baz G. Powell $ 8600.00

Mary H. Landree $ 1200.00

Frances R. Love $ 900.00

Nancy S. Turk $ 1000.00

Mittie Stone $ 700.00

Elizabeth R. Stacy $ 700.00

In making up my assets for a final distribution among my children, these amounts together with any amounts as I may hereafter advance, shall be included and charged against each respectively, but no interest shall be charged or collected upon any advancements.

9th -- I appoint my son, William Powell, and my friend, Peyton Y. Hurt, as my Executors, and if they or either of them act upon this appointment, it must be upon and with the understanding that they are to charge no money but are to be allowed legal advertisements and other matters of expense usually allowed in such cases. My son is to have as full compensation for his services one and one-half percent, and my friend, Hurt, one and three-fourths percent, on money received as Executors.

In Testimony thereof - I hereby subscribe my seal

July 2nd, 1880

Henry A. Powell (Seal)

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