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Last Will and Testament of James McCabe

I, James McCabe of Bois Brule Town in the County of Perry and State of Missouri, being of sound Mind and Memory, and considering the uncertainty, of this frail and transitory life, do therefore make, ordain, publish and declare, this to be my last will and testament.

First.  I order and direct that my Executor herinafter named pay all my just debts and funeral expenses, as soon after my decease as conveniently may be.

Second.  After the payment of such debts and funeral expenses, I give, devise and bequeath to Vincent J. McCabe all my Real Estate, lying and being in Bois Brule Town, and the County of Perry and the State of Missouri described as follows:

Part of Survey No. 1882 confirmed to John Morgan Sr. in Townships 36 & 37 N. of Range 10 & 11 East.  Beginning at the North East cor. of said Sur.  Thence South 3o West 50 chains and 35 lks. to a Cor. post, Thence North 87o West 14 chs. & 50 lks. to the line of Abner Halls land; Thence N. 3o East along Halls line to his NE cor. and then in same Cor. along the lone of Jules Rozier land 50 ch. & 35 lks. to a post on the line John Morgan Jr. Son.  Thence South 87o E to the place of Beginning, containing 73 acres more or less.  Upon these conditions, Vincent J. McCabe is to hold said Real Estate for a Period of 3 years from date of this Will and at the Expiration of 3 years the land is to be equally divided as follows:

Thomas McCabe 1/4th
James E. McCabe 1/4
Vincent J. McCabe 1/4 and
Mary Nancy Ann Difani 1/4.
Now Vincent J. McCabe is to pay a certain Note that James McCabe endorsed for James E. McCabe; but should James E. McCabe fail or refuse to pay this debt then he shall not be entitled to his 1/4 interest in said Estate; but shall have instead Five dollars in Cash.

I also give and bequeath to Vincent J. McCabe One red cow.

Lastly I hereby constitute and appoint Vincent J. McCabe to be Executor of this my last will and Testament hereby revoking all former Wills by me made.

In witness whereof, I have hereunto, subscribed my Name and affixed my seal the 21st day of January in the year of our Lord, One Thousand & Nine Hundred and One.

James X McCabe {SEAL}

This Instrument was, on the day of the date thereof, signed published and declared by the said testator James McCabe to be his last will and Testament, in the presence of us, who at his request, have subscribed our names thereto as witnesses, in his presence and in the presence of each other.

Emmette Omara
James P. Kline

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State of Missouri
County of Perry
Missouri State Seal

Proof of Will

In the Vacation of the Probate Court.  On this first day of March A. D. 1901 before me Chas. A. Weber Judge of the Probate Court within and for the County and State aforesaid personally appeared James P. Kline and Emmette Omara, who being duly sworn on their oaths say that they were present and saw James McCabe sign the within and foregoing instrument purporting to be his last will and Testament by making his mark thereto and heard him publish and declare the same to be his last will and Testament and that at the time of signing and publishing the same the said James McCabe was of sound and disposing mind and that the deponents subscribed their names thereto as witnesses to the same in the presence and at the request of the Testator and in the presence of each other, and that the said James McCabe departed this life on the 23rd day of January 1901.

James P. Kline
Emmette Omara

Missouri State Seal

Subscribed and Sworn to before me this first day of March 1902.  In Testimony whereof witness my Name and seal of office hereto affixed date last above written.

Chas. A. Weber
Judge of Probate

Recorded March first 1901
Attest: Chas. A. Weber, Judge of Probate

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Updated 10 January 2000
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