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Rankin Family History Project


Last Will and Testament of Adam Fath

Know all men by these presents that I Adam Fath of the County of Perry in the State of Missouri being of sound and disposing mind do make and publish and declare this to be my last Will and Testament as follows.

1st, It is my will and desire that all of my just debts shall be paid out of my personal estate.

2nd, I give and bequeath unto my beloved wife Catherine all of my estate, real, personal and mixed, in action or in possession, to have and to hold, use and enjoy during her natural life.

3rd, At the death of said wife it is my will and desire that all of my real estate and all of my other property of every description remaining on hand may be divided equally between my beloved daughters Louisa and Mary; except the piano which I wish the said Mary to have if she desires it upon her accounting fir it in the distribution of my estate at the price of three hundred dollars.

4th, It is my will and desire that my estate be settled up by my hereinafter appointed Executrix, my debts paid, and all collections made without my Executrix being required to give bond and without my estate going into the Probate Court if it can be done.

5th, I hereby constitute and appoint my beloved wife Catherine sole Executrix of this my last Will and Testament hereby revoking all former wills by me made. In testimony of which I hereto sign my name and affix my seal this 11th day of June 1867.

Adam Fath {Seal}

On this 11th day of June 1867 the foregoing instrument of writing was read to the said Adam Fath and executed by him in the presence of us and of each other and declared by the said Adam Fath to be his last Will and Testament and we subscribed our names as witnesses thereto at his request and in the presence of the same Adam Fath and of each other.

George Koch
Andrew X Meyers
his mark            

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State of Missouri
County of Perry
Missouri State Seal


Be it remembered that on this 16th day of August 1867 personally appeared before the undersigned Chas. A Weber, Clk of the County Court within and for the County of Perry in the State of Missouri, Andrew Meyers and George Koch the subscribing witnesses to the annexed Will of Adam Fath and being by me first duly sworn depose and say that the said Adam Fath, the testator subscribed the same in their presence and published the same Will or instrument of writing as his last Will, that he the said testator, 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.

Andrew X Meyers
his mark            
George Koch

Subscribed and sworn to before me this 11th August 1867. In witness whereof I Chas A. Weber, Clerk of the County Court within and for the County and State afore said have hereunto subscribed my name and affixed the seal of said Court at Office in Perryville this 16th day of August 1867.

Chas A. Weber, Clk

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State of Missouri
County of Perry
Missouri State Seal


In vacation, I Chas. A Weber, Clk of the County Court in and for the County and State aforesaid hereby certify that the above & foregoing testimony is by me held sufficient to establish the foregoing instrument of writing as the last Will and Testament of Adam Fath late of the County of Perry dec’d.

In testimony whereof I have hereunto set my hand affixed the Seal of said Court at office in Perryville County & State aforesaid this 16th day of August 1867.

Chas A. Weber, Clk

Recorded Aug 16th 1867. Chas. A. Weber Clk
By William A. Cashion, D. C.

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State of Missouri
County of Perry
Missouri State Seal


Catharine Fath Executrix, Adam Fath deceased
Bond

Know all men by these presents that we Catharine Fath as principal, and George Koch and James Burgee 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 seven thousand 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 14th day of December A. D. one thousand eight hundred and sixty seven.

The condition of the above obligation is such, That if Catharine Fath Executrix of the last will and Testament of Adam Fath, 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; or the order or decree of any court having jurisdiction, their [sic] the above bond to be void and of no effect otherwise to remain in full force.

Catharine Fath {Seal}
George Koch {Seal}
James Burgee {Seal}

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

Recorded Dec 14th 1867. Attest Chas. A. Weber, Clk
By Wm. A Cashion, D. C.

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State of Missouri
County of Perry
Missouri State Seal


Letters Testamentary of Catharine Fath,
Executrix of Adam Fath, deceased

To all to whom these presents shall come, Greetings:

Know ye that the last Will and testament of Adam Fath 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 Perry County, Missouri; and inasmuch as it appears that Catharine Fath has been appointed Executrix in and by said last will and testament, to execute the same, and to the end that the property of 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 her the said Catharine Fath as such Executrix, to collect and secure all and singular, the goods and chattels, rights and credits, which were of the said Adam Fath 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 her by said last Will and Testament, so far as there shall be property and the law charges her; and in general to do and perform all other acts which are now or may be hereafter required of her by law.

In testimony whereof, I Charles A. Weber, Clerk of the County Court in and for said County have hereunto signed my name and affixed the seal of said Court at office in Perryville this 19th day of April A. D. 1869.

Charles A. Weber, Clerk of County Court

Recorded Dec 14th 1867. Attest Chas. A. Weber, Clk

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