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Last Will and Testament of Oliver Thorpe
Perry County Court Records

In the Name of God, Amen. -

I, Oliver Thorp, of the County of Perry in the State of Missouri, of lawful age, being of sound mind, do make and publish this my last will and Testament, as follows:

First, I direct that all my just debts and funeral expenses be paid by my herein after named executrix out f my Personalty including my policy in the New York life insurance Company.-

Second, I give and bequeath to my beloved wife, Louisa Thorp, all the remainder of my personal property of whatever description.  

Third, I give and devise to my beloved wife, Louisa Thorp, the farm on which we now live, described as follows: The South West quarter of the North West quarter, and the North West quarter of the South West quarter of section Thirty Three in Township Thirty Five North, range eleven East, containing 80 acres, in the County of Perry and State of Missouri, to have and to hold the same for and during her natural life: Provided, however, that should my wife desire or deem it advisable that the said lands should be sold and the proceeds thereof invested in other Real Estate, she is hereby empowered as my executrix, to sell the same and invest the proceeds thereof in other Real Estate, subject to the control and approval of the Probate Court of Perry County, Missouri.  The title to the Real Estate so acquired to be invested in her for life and the remainder in my beloved children Linetha and Dayton A. Thorp in the same manner as the remainder in the lands so devised to her for life is hereinafter vested in these by the terms of this will.  

Fourth. I give and bequest to my beloved wife, Louisa Thorp, all the use, rents and profits of all the remainder of my Real Estate until my daughter, Linetha, shall arrive at the age of legal majority, and the one-half thereof from this time until my son Dayton A., shall arrive at full age, and my said wife shall not have remarried during said time.  In case one of my said children shall die during its minority, my wife shall have all the rents, use and profits of said lands until the survivor shall arrive at his or her majority, provided she shall not remarry before that time.  In case my said wife shall remarry prior to the majority of my said children, she shall have one-half of the rents, issues and profits from the time of her remarriage until Linetha shall arrive at age, and one fourth of such rents, issues and profits from that time until Dayton A. shall arrive at age, should both arrive at age, and in case one should die, to one half of such rent, issues and profits until the survivor shall arrive at full age.  This bequest to my wife is upon condition that she maintain and support our said children during their minority.  

Fifth.  The above bequests and devises to my beloved wife shall be taken by her in lieu of all dower, homestead, allowances of absolute property and other provisions made by the laws of the State of Missouri for the widows of persons deceased.  

Sixth.  In case my daughter, Linetha, shall live to attain her majority she shall receive one half the rents and profits of all my real Estate, except that devised for life to my beloved wife, from that date until my son Dayton A. shall arrive at full age.  

Seventh.  I give and devise to my beloved children Linetha Thorp and Dayton A. Thorp, all of my real Estate wherever situated in equal parts, share and share alike, subject to the estate therein hereinbefore given to my beloved wife.  Provided, however, that if either of my said children shall die before arriving at legal age, leaving no descendants, then it is my will that the survivor shall take the whole of said lands.  

Eighth.  I hereby appoint my beloved wife, Louisa Thorp, executrix of this my last will and testament, with full power to collect and preserve my estate, to compromise all claims due to or from my estate, and pay all my just debts and funeral expenses without giving any bond as such executrix and without accounting therefor to any court.  

In witness whereof, I have hereunto subscribed my name, this 22nd day of July A. D. 1899.  

Oliver Thorp

The foregoing instrument was at the date thereof signed and declared by the said Oliver Thorp to be his last will and Testament, in the presence of us, who at bequest and in his presence, and in the presence of each other, have subscribed our names as witness thereto.  

James T. Greenwell
Guy Rhodes

Guy Rhodes was the son of Oliver Thorp's sister, Sarah and her husband William Rhodes.

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Proof of Will
Perry County Court Records

State of Missouri
County of Perry
Missouri State Seal

On this 28th day of December 1899 before me Chas. E. Weber, Judge of the Probate Court within and for the County and State aforesaid personally came James T. Greenwell and Guy Rhodes, who being by me duly sworn on their oath say that they were present and saw Oliver Thorp sign the foregoing instrument, purporting to be his last Will and Testament, 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 Oliver Thorp was of sound and disposing mind and that these 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.

Guy Rhodes
James Greenwell

Sworn and Subscribed before me this 28th day of December 1899.  In witness whereof I have hereto affixed the seal of office at Perryville, Missouri.  

Chas. E. Weber
Judge of Probate

Recorded December 28th 1899.
Attest: Chas. E. Weber
Clerk of the Probate Court

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Certificate of Probate
Perry County Court Records

State of Missouri
County of Perry
Missouri State Seal

In the vacation of Court. -

Chas. E. Weber Judge of the Probate Court within and for the County and State aforesaid having examined the foregoing instrument of writing purporting to be the last will and Testament of and signed by Oliver Thorp late of the County of Perry on the 19th day of December 1899 deceased, and having heard the Testimony of Guy Rhodes and James T. Greenwell the subscribing witnesses thereto in relation to the execution of the same do declare and adjudge said instrument to be the last Will and Testament of said Oliver Thorp late of Perry County deceased. -

In Testimony whereof witness my Name and the seal of said Court hereto affixed this 28th day of December A. D. 1899.

Chas. E. Weber
Judge of Probate

Recorded December 28th 1899.
Attest: Chas. E. Weber
Clerk of the Probate Court

Recorded December 26, 1905
Attest: Chas. A. Weber, Judge

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