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Rankin Family History Project


Last Will and Testament of John B. Layton

In the name of God, Amen! I, John B. Layton of the County of Perry and State of Missouri, being weak in body, though of sound and disposing will, memory and understanding, and being anxious to dispose of my wordly [sic] Effects before death, do make, publish and declare this my last Will and testament in manner and form as follows, to wit:

1st, I will and bequeath my soul to God who gave it, and my body to the dust whence it was taken, and after the payment of all my just debts, together with my funeral expenses, I dispose of my property as follows:

2nd, I will and bequeath to my son Thomas H. and Ignatius E. Laytonís the farm on which I reside, situated on the Saline Creek in Township 35, Range 10 East, containing one hundred and seventy-three acres, to be equally divided between then, taking into consideration quality and quantity the same to be divided by Timothy Besand? and William Brewer, also four plows, to [sic] set of Plow glas?, low weeding how [sic], one feather bed and bedding and one chaffing axe.

3rd, I will and bequeath to my daughter, Ellen Helen, wife of Henry Drury, the sum of Twenty-five dollars.

4th, I will and bequeath to my grand daughter, Martha M. Simpson, the sum of twenty dollars.

5th, I will and bequeath the residue of my property, money and effects in equal parts, share and share alike to my Augustin, Simeon, -----, and Felix Laytons, and to my daughter Teresa, wife of George Brewer, and Cecily, wife of Ferdinand Chavaux.

6th, And lastly I make, constitute and appoint my son, Felix Layton Executor of this my last Will and testament, hereby annulling and revoking all former will or wills made by me.

In testimony whereof I hereunto set my hand and seal this 18th day of April A. D. 1866.

John B Layton, Sr. {SEAL}

We the undersigned witnesses do hereby certify that we saw the testator sign the foregoing and publish same as his Last Will and Testiment [sic]. And we signed the same at the request and in the presence of the testator and in the presence of each other.

R. M. Brewer
Timothy Brewer

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State of Missouri
County of Perry
Missouri State Seal


Be it remembered that on this 30th day of April 1866, before me Chas. A Weber, Clerk of the County Court within and for the County and State aforesaid, personally appeared Robert M. Brewer and Timothy Brewer, who being duly sworn on their oath, depose and say that they was [sic] present and saw John B. Layton, Sr. sign the foregoing instrument purporting to be the last will and testament of him the said John B. Layton, Sr., 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 John B. Layton, Sr. was of sound and disposing mind, and that these deponents the attending 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 said John B. Layton, S.

R. M. Brewer
Timothy Brewer

Sworn and subscribed before me the day and year first above written. In testimony whereof witness my name and hat Seal of said Court, hereto affixed.

Chas A. Weber, Clerk

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State of Missouri
County of Perry
Missouri State Seal


I, Charles A. Weber, Clerk of the County Court within and for the County and State aforesaid do hereby certify that the above and foregoing testimony is by me held sufficient to establish the foregoing as the last Will and testament of John B. Layton, Sr., and the same is therefore established as such.

In testimony whereof witness my name and Seal of office hereto affixed this 3rd day of April 1866.

Chas .A. Weber, Clk

Recorded April 30th 1866.
Attest Chas. A. Weber, Clk

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State of Missouri
County of Perry
Missouri State Seal


Bond of Executor

Know all men by these presents, that we John Layton as principal and Ferdinand Chavaux and Simeon Layton as securities of the County of Perry, ad the State of Missouri are held and firmly bound to the State of Missouri, in the sum of Two Thousand dollars of lawful money; for payment whereof well and truly to be made and done, we bind ourselves, our heirs, executors and administrator, jointly and severally, firmly by these presents, sealed with our Seals this 30th day of April A. D. one thousand Eight hundred and sixty-six.

The condition of the above obligation is such that Felix Layton, Executor of the last Will and testament of John B. Layton, Senr, decíd, shall faithfully administer said estate, account for payment, deliver all money and property of said Estate; and faithfully execute the last Will and testament of said deceased; pay the debts and legacies as far as the assets will extend, and the law direct, render just accounts, and faithfully perform all other things touching said Executorship required by law, or the order or decree of any Court having jurisdiction - then the above bond to be void and of no effect, otherwise to remain in full force.

Felix Layton {SEAL}
Ferd. Chavaux {SEAL}
Simeon Layton {SEAL}

Signed, sealed and delivered in presence of Chas. A. Weber, Clerk of the County Court of said County.

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State of Missouri
County of Perry
Missouri State Seal

I, Felix Layton, Executor of the last Will and testament of John B. Layton, Senr. deceased, do solemnly swear, that we will make a true and perfect Inventory of the Estate of said deceased, according to law, and will well and truly perform the last Will and testament of said decíd, pay the debts and legacies as far as the assets will extend, and law directs, render true and just accounts, and faithfully perform all things required by law touching said Executorship.

Felix Layton

Sworn to and subscribed in vacation of Court this 30th day of April A. D. 1866.

Chas. A. Weber, Clk.

Recorded April 30th, 1866.
Attest Chas. A. Weber, Clerk.

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State of Missouri
County of Perry
Missouri State Seal


Letters Testamentary

To all person to whom these presents shall come, -- Greeting:

Know ye, that the last Will and testament of John B. Layton, Senr, deceased hath in due form of law been exhibited, proved and recorded in the office of the Clerk of the County Court for Perry County, a copy of which is hereunto annexed and inasmuch as it appears that Felix Layton has been appointed Executor, is and by the said last Will and Testament, to execute the same, and to the end that the property of the testator may be preserved for those who shall appear to have a legal right therein, or interest therein, ad that the said last Will may be executed according to the request of said County in Vacation of said Court, do hereby authorize him the said Felix Layton as such Executor to collect and secure all and singular the goods and chattels, rights and credits which are of the said John B. Layton, Senr. at the time of his death where and in whosoever hands or possession the same may be found, and to perform and fulfil [sic] all such duties as may be enjoined on him by said Will so far as there shall be property and the law charge him and in general to do and perform all other acts which now are or may hereafter be required of him by law.

In testimony whereof, I, Chas. A. Weber, Clk of the County Court in and for the County of Perry hereto sign my name and affix the seal of said Court at office this thirtieth day of Apl. A. D. 1866.

Charles A. Weber, Clk

Recorded Apl. 30, 1866.
Attest C. A. Weber, Clk.

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The Rankin Family History Project began in 1997 with a simple 3 generation family chart.   Inspiration came from our grandmother who has shared a lot of great stories and really got us going when she loaned us her copy of Maryland Catholics on the Frontier by Timothy O'Rourke;   and also from Alex Haley, whom we had the pleasure of meeting shortly before Roots was published.   This site is dedicated to our great-grandparents.   Without them, we would not be here.  

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Updated January 2000
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