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Rankin Family History Project


Last Will and Testament of Alexius Manning

In the name of God - Amen. I, Alexius Manning of the County of Perry in the State of Missouri of sound mind and memory, do make and publish this my last Will and Testament.

1st, I desire that all my just debts and funeral expenses be paid by my hereinafter named executor without the expense of proving the same in the probate Court relying in the matter upon the discretion of my said Executor.

2nd, I give and bequeath to my son, Henry Manning four hundred and fifty dollars to be paid him by my hereinafter name Executor.

3rd, I give and bequeath to Many Ann Manning, widow of my deceased Son, Felix Manning, the tract of land containing eighty acres on which she now resides, being 8 W 14 SW 1/4 Sec. 6, and N2 Lot 2 NW 1/4 Sec 7 in Township 34, Range 11 East, to hold and enjoy for and during her natural life, and there to go, at here death to her daughter, Frances Manning, who is my grand child.

4th, I give and bequeath to my friend and brother-in-law, Leo Moore, fifty acres of land Beginning at the North East corner of the South West quarter of Section No. 9 in Township No. 34 North Range No. 11 East, Thence West 22 chains and 37 links, thence South 22 chains and 37 links; thence East 22 chains and 37 links, thence North 22 chains and 37 links to the place of beginning, in the trust for the sole use, benefit and ----? of my daughter Sarah, now wife of Simon Moore, for and during her natural life, and at her death to go to her children and their Descendants, that may Survive her.

5th, I give and bequeath to my sons George Manning & Henry Manning, and my daughters, Isabella Manning, Helen wife of Dionisius Moore, Teresa wife of Thomas L. Horrell, Caroline wife of James Powers, & Sarah wife of Simon Moore, and Marcella wife of Reubin Shelby and Henry Alexius Steward, child of my deceased daughter Eulila late-wife of Lewis Stuart deceased, all the residue of my property and effects both personal and real wherever situated. And I give and authorize by hereinafter named Executors to take charge of all of said residue of my property and effects as soon after my death as circumstances will admit and sell the same both personal and real, on such terms and conditions as shall be in their Judgment best subserve? the interest of my said Legatees; And pay over and distribute the proceeds of such property in the portions and to the persons above named, except the share bequeathed to my daughter Sarah, wife of Simon Moore.

The share of the residue of my estate hereby bequeathed to my daughter Sarah, wife of Simon Moore, I desire my Executors to pay over to Leo Moore to hold in trust for my said Daughter Sarah and it is my wish that the said trustee will pay the money to my said daughter Sarah at such time, in his discretion, and in such amount as he thinks will best contribute to her necessary comfort and support of her and her children and to continue to furnish her the money from time to time until the same is exhausted, keeping the funds invested so as to bear interest in the mean time, using a reasonable degree of discretion, as to furnishing my said daughter, Sarah and her children, with necessarys [sic] of life, keeping in mind that it is my wish to keep the money as a p----? for my said daughter, Sarah, out of and beyond the control of her husband, and to be expended solely for her use and benefit and that of her children. if the said Sarah, my daughter should die before the fund in the hands of said trustee is exhausted, then I wish the balance to go to the children of my said daughter that may survive her.

6th, I hereby constitute and appoint Reubin Shelby and James Powers Executors of this my last will and testament hereby revoking all former wills by me made.

In witness whereof, I have hereto set my hand this 5th day of Dec. 1869.

Alexius Manning

Signed, published and declared by the said Alexius Manning as and for his last will and testament in the presence of us who at his request have signed as witnesses to the same in his presence and in the presence of each other.

Bernard Cissell
Henry F. Miles

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State of Missouri
County of Perry
Missouri State Seal


In vacation of the County Court of Perry County, Mo.

Be it remembered that on the 16th day of April 1870, personally appeared before the undersigned Chas. A. Weber, Clerk of the County Court of the County and State aforesaid, Bernard Cissell and Henry F. Miles, the subscribing witnesses to the annexed Will of Alexius Manning, and being by me first duly sworn, depose and say that the said Alexius Manning, t he testator, subscribed the same in their presence, and published the said Will or instrument of writing as his last Will, that he the 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.

Bernard Cissell
Henry F. Miles

Sworn and subscribed before me this 16th day of April A. D. 1870. In testimony where of I, Charles A. Weber, Clerk of the County Court of the County of Perry and State aforesaid have hereunto subscribed my name and affixed he seal of said Court at Office in Perryville, County and State aforesaid the day and year last above written.

Charles A. Weber, Clk.

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State of Missouri
County of Perry
Missouri State Seal


Proof of Will

I, Charles A. Weber, Clerk of the County Court within and for the County and State aforesaid hereby certify that the above and foregoing Testimony is by me held sufficient to establish to establish the foregoing instrument of writing as the Last Will and testament of Alexius Manning, dec’d, late of Perry County, Missouri.

In testimony whereof, I have hereunto subscribed my name and affixed the seal of said Court at office in Perryville this 16th day of April A. D. 1870.

Chas. A. Weber, Clk.

Recorded April 16 1870.
Attest: Chas. A. Weber, Clk
By W. A. Cashion, D. C.

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State of Missouri
County of Perry
Missouri State Seal


Executor Bond

Know all men by these presents that we Reubin Shelby as principal, and Isidore Moore & David Meredith, as securities, of the County of Perry, and the State of Missouri, are held, and firmly bound to the State of Missouri in the sum of Fourteen thousand dollars of lawful money for payment where of 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 19th day of April A. D. one thousand eight hundred and seventy.

The condition of the above obligation is such that if Reubin Shelby Executor of the last will and testament of Alexius Manning 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 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, 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.

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

Reubin Shelby {SEAL}
Isidore Moore {SEAL}
Daniel Meredith {SEAL}

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State of Missouri
County of Perry
Missouri State Seal

I, Reubin Shelby, Executor of the last Will and testament of Alexius Manning, deceased, do Solemnly swear that I 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 deceased; 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.

Reubin Shelby

Sworn to and subscribed in open Court, this 19th day of April A. D. 1870.

Chas A. Weber, Clerk

Recorded April 19th 1870.
Attest: Chas. A. Weber, Clk.
By Wm. A. Cashion, Deputy

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State of Missouri
County of Perry
Missouri State Seal


Letters Testamentary

To all whom these presents shall come, Greeting:

Know ye, that the last Will and testament of Alexius Manning deceased, late of Perry County, Missouri, hath in due form of law, been exhibited, proved, and recorded in the office of the Clerk of the County Court of said County of Perry, Missouri, a copy of which is hereunto annexed; and inasmuch as it appears that Reubin Shelby 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 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 Reubin Shelby as such Executor, to collect and secure all and singular, the goods and chattels, right and credits, which were of the said Alexius Manning at the time of his death, in whosoever hands or possession the same may be found, and to perform and fulfil [sic] all such duties as may be enjoined upon him by said Last Will and Testament, as 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, Charles A. Weber, Clerk of the County Court in and for said County of Perry, have hereunto signed my name and affixed the seal of said Court at office in Perryville this 19th day of April A. D. 1870.

Chas. A. Weber
Clerk of Perry County Court

Recorded 19th April 1870.
Attest: C. A. Weber, Clk
By Wm. A. Cashion, D. C.

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