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Last Will and Testament of
James Abernathy


In the name of God, Amen --

I, James Abernathy of the County of Perry and the State of Missouri, Although weak of body but of sound and disposing mind do ordain, make and establish this as my last will and Testament.

In the first place, It is my wish that after my death my body may be buried in a decent Christian like manner, and in the second place as to my worldly goods wherewith God has blessed me, I do dispose of by this my last will as follows (to wit):

Item first I do hereby dispose of Real Estate in the following manner, viz. I give and bequeath unto my wife Francis [sic] as her dower in my real estate, the plantation wich [sic] I now render including one hundred and twenty acres (to wit) the west half of the South East quarter of Section Eleven Township thirty fourth North of Range Eleven East. Also the North East quarter of the South West quarter of Section Eleven in Township thirty four North of Range Eleven East including all improvements on the same for and during her natural life subject to the following restrictions (to wit):

She the said Francis is to have the controll [sic] of said farm and to receive the whole proceeds of the same for and during her life, except my son Sidney should live with her in that case it is my will and I do hereby bequeath unto him the one third of all the proceeds of my farm so long as he continues to live with his mother and after the death of wife Francis I do further dispose of my Real Estate as follows (to wit):

I do give and bequeath the whole of my lands and viz. one hundred twenty acres it being the West half of the South East quarter of Section Eleven Township thirty four North of Range Eleven East. Also the North East quarter of the South West quarter of Section Eleven in Township thirty four North of Range Eleven East, said Lands was [sic] entered by and pattented [sic] to me by the General Government (see pattents [sic]) unto my son Sidney Abernathy to have and to hold the same with all the appurtenances thereunto belonging unto him, his heirs or assigns for ever.

Item the second, as to my personal property, I dispose of same as follows (to wit):

I give and bequeath unto my wife Francis my negro woman I named Diana. Also a negro girl named Harriet. Also a negro Boy named [Da]mascus. Also a negro Boy named Elam, all slaves for life and I do bequeath said slaves unto my wife absolutely; and I further give and bequeath to my wife Francis all my household and Kitchen furniture absolutely; also one gray mare; also one sorrel mare; also three cows and calves first choice; also I further give and bequeath unto my wife Francis all my hogs and sheep; also one yoke of oxen, my wife to have her choice; also my waggon [sic] and all my farming utensils.

I also gave [sic] my rifle gun to my wife during her life and then I give and bequeath my same rifle gun to my son Sidney; and it is my will and I do further give and bequeath unto my wife Francis all the provisions on hand. Also two thirds of the present crop of wheat raised on my farm this year, together with all the other vegetables that my be raised during the present year on said farm provided my son Sidney will continue to cultivate with the assistance of my wife Francis, my farm.

I further give and bequeath to my wife Francis one Cram [?] together with all the wheels and other tacklings [sic] for the manufacturing of Cloth; and I also give and bequeath unto my wife such Books as she may select from my library.

Third I give and bequeath unto my son Sidney Abernathy one negro Boy named William a slave for life. I also give and bequeath to my son Sidney one negro girl name Clery, a slave for life; also one cow and calf, second choice.

Fourth I give and bequeath unto my son Alphonzo Abernathy one negro woman named Emily; also one negro Boy, a child John; also one negro girl named Elizabeth, all slaves for life together with her increase.

Fifth I give and bequeath unto the heirs of my deceased daughter Martha Casteel (to wit) Shadack, Monroe and Urial Haw, sons of my deceased daughter, one negro girl named Leanner[?], a Slave for life, said girl to be controlled by the guardian of the aforesaid heirs untill [sic] the youngest arrive at the age of twenty one years, and at that time her and her increase to be divided between said heirs or their survivors, shear and shear [sic] alike; and whatever may arise from the service of said girls is to be appro[pr]iated to the suport [sic] and schooling of said heirs.

Sixth I give and bequeath unto my daughter Louisa Huff one negro girl name MaryAnn and also her increase, all slaves for life.

Seventh I give and bequeath unto my daughter FannyAbernathy wife of Albert G. Abernathy, one negro girl named Matilda and also a negro Boy named Alexander, both slaves for life.

Eight further all the ballance [sic] of my property not mentioned in this my last will and testament to be sold and all the money due me by note or otherwise when collected together with the proceeds of the sale of my said property.

In the first place I appropriate to the payments of my just debts and whatsoever may remain after my debts are paid is to go to my wife Francis Abernathy . It is also my will that my negro Boy named Levi be sold together with the balance of my property not mentioned.

I nominate John Farrar as the executor of this my last will and testament. In testimony whereof I do hereby ratify and confirm this as my last will and testament. Sealed with my seal April 21st A. D. 1850.

James Abernathy

Signed and sealed the date above in the presence of who were collected by the said James Abernathy the sined [sic].

Caleb Abernathy

Witnesses: Larkin Abernathy
D. C. Nance
Joseph A. Abernathy

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State of Missouri
County of Perry
Missouri State Seal


Proof of Will
County Court of Perry County
November Term A. D. 1849

In the County Court of Perry County, May term 1850

Be it Remembered that Larkin Abernathy and D. C. Nance the subscribing witnesses to the within and foregoing will personally appeared before the County Court of Perry County and being duly sworn deposeth and sayeth that they saw the within testator James Abernathy sign the within instrument of writing which he published as his last will and testament; that he the said testator was at the time of so doing of sound mind and over the age of twenty one years; and that they the deponents attested said will as witnesses thereto by subscribing their names to the same in the presence of said testator, which proof is deemed sufficient to establish said will.

Larkin Abernathy
D. C. Nance

Sworn to and subscribed before me this 13th day of May A. D. 1850.
Hy. L. Caldwell, Clk

In testimony whereof I hereto subscribe my name and affix the seal of said Court this 13th day of May A. D. 1850.
Henry L. Caldwell, Clerk

Recorded May 13th 1850
Test. H. L. Caldwell, Clk
By R. J. Waters, dep.

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State of Missouri
County of Perry
Missouri State Seal


Bond of Executors

Know all men by these presents that we, John Farrar as principal and Anderson Cashion, Marshall Dickson and Alphonzo Abernathy as securities, of the County of Perry in the State of Missouri, acknowledge ourselves indebted and firmly bound unto the State of Missouri in the sum of Eight Thousand - dollars for the 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, signed and sealed with our seals this 13th day of May A. D. 1850.

The condition of the above bond is that if he, said John Farrar Executor of the last will and Testament of James Abernathy, late of County of Perry, deceased, shall faithfully administer the Estate of said deceased, account for and pay and deliver all moneys and property of said estate; and perform all other things touching said Executorship as required by law; and shall well and truly do and perform all other things touching said Administration and the last will and testament of said deceased by paying first his debts and then the legacies mentioned in said will as far as the assets of said deceased will extend and the law direct; and well and truly do and perform all things required by the order or decree of any Court having jurisdiction, then the above Bond to be void; otherwise to remain in full force and effect.

Signed, sealed and acknowledged in presence of H. L. Caldwell, Clk of Perry County Court.

John Farrar
Anderson Cashion
Marshall Dickson
Alphonzo Abernathy

Recorded 13th May 1850; Test H. L. Caldwell, Clk; By R. J. Waters, Dep.

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State of Missouri
County of Perry
Missouri State Seal


Letters Testamentary

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

Know ye, that the last will and testament of James Abernathy deceased hath in due form of law been exhibited, proved and recorded in the office of the Clerk of the Court for Perry County, a copy of which is hereunto annexed; and inasmuch as it appears that John Farrar 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 may be preserved for those who shall appear to have a legal right or interest therein; and that the said last will may be executed according to the request of the testator, we the County Court of Perry County in the State of Missouri do hereby authorize him, the said John Farrar, as such Executor to collect and secure all and singular the goods and chattel, rights and credits which were of the said James Abernathy 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 insofar 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 L. Caldwell, Clerk of the County Court in and for the County of Perry, hereto sign my name and affix the seal of said Court at office this thirteenth day of May A. D. 1850.

Henry L. Caldwell -- Clerk

Recorded May 13th 1850; Test H. L. Caldwell, Clk. By R. J. Waters, deputy

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