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Rankin Family History Project

State of Missouri
County of Perry
Missouri State Seal

James Layton
Last Will and Testament
17 October 1858

I, James Layton, of the County of Perry and State of Missouri, being of sound and disposing mind and memory, do make, ordain and publish this, my last will and testament as follows:

It is my desire that all my just debts be paid by my hereinafter named executor, without the formality of proof in all cases wherein he is satisfyed [sic] ...

2nd, That the said executor immediately place in the hands of the Superior of St. Mary ['s] Seminary the sum of twenty dollars, for which I want masses said for the repose of my Soul, and

I desire that my said Executor shall, at once, proceed to advertise, and sell, all my personal property upon such terms as to him shall seem best.

It is my wish that the remainder of my property be disposed of in this manner --

James Layton, Lewis Layton, Pius Layton and Elizabeth Layton, my brothers & sister and James B. Mattingly shall inherit and take the divide [sic] the same equally -- between them with this exception,

That James B. Mattingly shall receive ten dollars more than either [sic] of the others.

I hereby appoint James B. Mattingly Executor of this, my last will and testament.

In witness whereof, I hereunto set my hand this 17th Oct. A.D. 1858.

James X Layton [his mark]

At the request of the testator, we hereunto set our hands as witness, in presence of the Testator and of each other.

Jos. C. Killian
Charles Manning

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State of Missouri
County of Perry
Missouri State Seal

In Vacation of the County Court.

Be it remembered, that on this 27th day of Oct 1858, personally appeared before me, the undersigned Henry T. Burns, Clerk of this County Court, of the County and State aforesaid, Joseph C. Killian, and Charles Manning, the subscribing witnesses to the annexed will of James Layton, and being by me first duly sworn, deposes [sic] and says [sic] the said James Layton, the testator, subscribed the same in their presence and published the said will or instrument of writing as his last will, that he the said testator was at the time of publishing his said will of sound mind and more than twenty one years of age, and that they, the said deponents, attested the said will as witnesses thereto, by subscribing their names to the same in the presence of said testator.

Joseph C. Killian
Charles Manning

In testimony whereof I, Henry T. Burns, Clerk of the County Court, of the County of Perry and State aforesaid, have hereunto subscribed my name and affixed the seal of said Court, at office, in the County aforesaid, this 27th day of Oct 1858.

Henry T. Burns, Clerk

Recorded this 27 Oct 1858
Test. Henry T. Burns, Clerk

Know all men by these presents that we, James B. Mattingly, as principal, and A. M. Cobbs & Valerian Favier, as securities, of the County of Perry and State of Missouri, are held and firmly bound to the State of Missouri in the sum of five hundred dollars of lawful money for payment, whereof, well and truly to be made and done, we bind ourselves, our heirs, executors, and administrators jointly and severally, firmly by these presents.

Sealed with our seals this 28th day of Oct. A.D. 1858.

The condition of the above obligation is such that if James B. Mattingly, Executor of the last will and testament of James Layton, deceased, shall faithfully administer said estate, account for, pay and deliver all money and property of said estate and faithfully execute the last will and testament of said dec'd., pay the debts and legacies as far as the assetts [sic] will extend, and the law directs, 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 affect [sic], otherwise to remain in full force.

James B. Mattingly {seal}
A. M. Cobbs {seal}
Valerian Favier {seal}

Signed, sealed and delivered in presence of
Henry T. Burns, Clk.

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State of Missouri
County of Perry
Missouri State Seal

To all persons to whom these presents shall come, Greeting,

Know ye that the last will and testament of James Layton 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 attached, and in as much as it appears that James B. Mattingly has been appointed executor in and by the said last will and testament to execute the same, and to the end that the property of the testator James Layton may be preserved for those who shall appear to have a legal right or interest therein, and that the said last wll may be executed according to the request of the testator, I, Henry T. Burns, Clerk of the County court in vacation, do hereby authorize the said James B. Mattingly, as such, Executor, to collect and secure, all and singular, the goods and chattles, rights and credits, which were of the said James Layton at the time of his death, in whosoever hands, or possession, the same may be found, and to perform, and fulfill, 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 hereafter may be, required of him by law.

In testimony whereof, I, Henry T. Burns, Clerk of the County Court, in, and for, the County of Perry, hereunto signed my name and affxed the seal of said Court, at office, this 28th day of Oct A.D. 1858.

Test: Henry T. Burns

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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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Rankin Family History Project     Sonoma County, California

Updated May 2000
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