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Rankin Family History Project


Last Will and Testament of George Preston
27 July 1837

In the name of God Amen

I George Preston of the County of Perry in the State of Missouri being low in health but of Sound and disposing mind, do make ordain and Establish this my Last Will and Testament in Manner and form following To Wit,

That is to say, first it is my wish that all my Just debts, and demands be paid by my Executor,

Second I Give and bequeath unto my wife Mary, and my son James all my Property Real and personall which I own or possess or hold over and above and Exclusive of that, which I myself, and wife has this day, conveyed to my son James by deed ------- July the 27th 1837.

It is my wish and will that all claims debts dues and dividends? owing to day? be immediately collected by my Executor and the Moneys the receipts thereof be placed at interest in safe hands for their support and maintenance mutually and it is further my will and wish that my Executor collect all my stock such as horses, cattle, sheep, and hogs, etc. etc.

And after delivering to my wife and son such portion as it may be necessary for them to keep for their material support and maintenance, to sell the Remaining part on a Reasonable credit,

And when the proceedes of said sale become due to collect the amount thereof, and place it at interest which the available debts due Me as above Refered to (after their collection the whole is to constitute fund for their support and maintanance in a decent Manner and said fund it is my wish they my wife and son, shall own possess and Enjoy share and share alike, and of Equal amount,

I reserve from the disposition of my stock as above refered to any sale of my Old bald faced breeding mare, and give and bequeath her to my wife Mary, for her own and her issue or increase of colts to my son James for his individual benefit.

And I do Hereby appoint Lewis Thorp of Bois Brule Township Perry County my Executor of this my last will and testament, hereby Revoking any will by me heretofore made.

In witness whereof, I have hereunto set my name this 11th day of August A. D. 1837.

George Preston

Signed Sealed proclaimed and acknowledged in presence and our names and signatures placed in presence of Each other this 11th day of August 1837 and at the Request of the testator.

James Rice
William Moore
Witnesses

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State of Missouri
County of Perry
Missouri State Seal


Proof of Will

Be it Remembered that on the 30th day of October A. D. 1839, there came James Rice one of the subscribing witnesses to the foregoing lastWill and testament of George Preston late of Perry County deceased, and made oath on the Holy Evangaly of Almighty God, that he did see the said testator sign and seal this Will, and that he heared him publish pronounce and declare the same to be his last Will and testament, that at the time of his so doing he was to the best of his apprehention of Sound and disposing Memory and understanding and that he subscribed his name as a witness to this Will in the presence of and at the request of the said George Preston and in the presence of William Moore the other subscribing witness.

James Rice

Sworn and subscribed to before the undersigned this 30th day of Oct. A. D. 1839.

Fredk. C. Hase Clk

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State of Missouri
County of Perry
Missouri State Seal


Certificate of Probate

Be it remembered that on the 30th day of December A. D., 1839, there came William Moore, one of the subscribing witnesses to the foregoing last will and testament of George Preston late of Perry County deceased. And made oath on the Holy Evangelic of Almighty God, that he did see the said Testator sign and seal and the same declare to be his last will and testament that at the time of his so doing he was to the best of his apprehension of sound and disposing mind memory and understanding and that he subscribed his name as a witness to this will in the Presence of and at the Request of the said George Preston and in the presence of James Rice the other subscribing Witness.

William Moore

Sworn and subscribed before the undersigned the 20th day of Decmber, A. D. 1839.

Fredk. C. Hase Clk

Recorded Dec. 20th 1839--
Fredk. C. Hase Clk by his deputy
John F. Hase

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State of Missouri
County of Perry
Missouri State Seal


Executors Bond and Oath

Bond of Lewis Thorp, Executor of George Preston deceased

Know all men by these presents that We Lewis Thorp principal William Allen and William Patterson, of the County of Perry in 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 truely to be made and done we bind ourselves our heirs Executors & administrators jointly and severally firmly by these presents sealed with our seals this third day of January A. D. 1840 in the year of Our Lord Eighteen hundred and forty the conditions of the above obligations such that if the above bounden Lewis Thorp Executor of the Last Will and testament of George Preston, do make or cause to be made a true and perfect inventory of all and singular goods; chattles, Rights and Credits of the said deceased, which have or shall come to the hand possession or knowledge of him the said Lewis Thorp or in to the hands possession of any person for him and the same so made to Return and Exhibit in the Office of the Clerk of the County Court of Perry on or before the third day of March next and al land singular the good and chattles Rights and credits of the deceased which shall come to the hands, possession of knowledge of the said Lewis Tharp shall make and truely administer according to law, and do well and truly perform the last will and testament of the said deceased by paying first his debts and then the legacies contained in said will as far as his assets will extend and the law direct; and further, make or cause to be made just and true accounts of said Executorship and make due and proper settlement thereof from time to time according to law or as enjoined on him by the sentence order or decree of any Court having competent Jurisdiction then this obligation to be void and of no effect otherwise to remain in full force and effect.

Lewis Thorp {Seal}
William Allen {Seal}
William X Patterson {Seal}
his mark                    

Signed Sealed and delivered in presence of and approved of by Fredk. C. Hase clerk of the County Court of the County of Perry Missouri -----

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State of Missouri
County of Perry
Missouri State Seal


Letters Testamentary

To all to whom these presents shall come Greeting:

Know Ye that whereas the last will and testament of George Preston late of Perry County deceased has in due form of law been Exhibited proved and recorded in the office of the clerk of the County Court for the County of Perry. A copy of which is to these presents annexed and administration of the good chattles and Credits of the deceased is hereby Granted and committed unto Lewis Tharp the Executor by the said Will appointed, who have complied with the Requisites of the law in such cases made and provided.

Witness
Frederick C. Hase, Clerk of the County Court of Perry County this third day of January in the year of Our Lord 1840.

Fredk C. Hase Clk --

Recorded Jan 3rd 1840

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