New web page
Fulbright  Family  Association  NewsLetter  Articles

The Will of John Fulbright, Jr., & Copartnership Agreement with his son James Harvey

Transcribed/Abstracted by Bill Eddleman

[Introduction: After being asked to present the banquet talk at this year�s FFA Reunion, I immediately decided on giving a summary of the life of John Fulbright Jr. After all, those of you who attend the Reunion this year will get the opportunity to see the house he built on the Dry Glaize land (part of a huge tract he once owned in Laclede Co.), and will see his final resting place at Hooper Cemetery. In January, I had a few hours after a professional meeting in the area to visit the Laclede County Courthouse, where I found and copied John Fulbright Jr.�s will. He refers to a co-partnership agreement with his son James Harvey, so I am including an abstract of this agreement also. I�ve boldfaced names to make it easier to find them. More on John Fulbright Jr. will be printed in the next two issues of the Fulbright Family News]

Will of John Fulbright, Laclede County Probate Papers

In the Name of God Amen.
John Fulbright of the County of Laclede and State of Missouri of sound mind and discretion do make this my last will and testament hereby revoking all other wills heretofore made by me.

First I desire and request that my Executor hereinafter named, shall pay all my just debts.

Second I give and bequeath to my Grandson Robert C. Fulbright, son of Robert C. Fulbright, the following described real and personal property viz. the South east quarter of the south east quarter of Section (25) twenty five Town (36) thirty six and Range (16) sixteen also, East half of South east quarter of Section (25) twenty five Township (36) thirty six and Range (16) sixteen, also a negro girl named Rachel ages about sixteen years of age, also a negro girl named Ann, daughter of said Rachel, aged about two years of age, also a negro female child named Elizabeth about one year old. Together with their increase.

3rd I give and bequeath to my wife Mary Jane Fulbright, for and during her natural life, all of the Interest to which I am entitled and of which I am now possessed by virtue of an article of agreement in regard to a copartnership, formed by me, with my son James H. Fulbright in the month of October AD in the year eighteen hundred fifty four, and now on file in Laclede County, both real and personal estate, together with any profits which may be due me at the time of my death from said partnership. I hereby give and bequeath all the personal estate above described, for and during her natural life. Provided my said wife shall not have power to remove the said property beyond the Jurisdiction of the State of Missouri, and in the event that my said wife Mary Jane Fulbright shall remove the said personal property beyond the Jurisdiction of the State of Missouri, the said life estate in the said personal estate, consisting of negroes, money, etc. shall be forfeited and revert to my heirs in the manner above described. And after the death of my wife, I desire that the property above bequeathed and devised to my wife Mary Jane Fulbright, shall descend after her death to my son James H. Fulbright, if living, and if dead to the heirs of James H. Fulbright and to my Grandson Robert C. Fulbright, share and share alike in equal parts. And if the said James H. Fulbright shall be dead and his heirs extinct and dead, then all of the said property devised to my wife is bequeathed to my Grandson Robert C. Fulbright, and in the event of the death of Robert C. Fulbright, then I bequeath the above property to my heirs generally.

3rd In the Event of the death of my wife previous to my death, I give and bequeath all my interest in the partnership property to my son James H. Fulbright, if living. If the said James H. Fulbright shall not be living at the time of my death, then I bequeath all the partnership property above mentioned to the heirs of the said James H. Fulbright, and to my Grandson Robert C. Fulbright, and to the survivors of them at my Death at the death of my son James H. Fulbright. I further desire and request my son James H. Fulbright, and my wife Mary Jane Fulbright if both be living at the time of my death, to continue in partnership subject to the same articles of agreement which now exists between my son James H. Fulbright and myself, giving to my son James H. Fulbright the management and control of the said property so long as he may live, or my son and wife can agree, and in the event that my wife and son continue in partnership, I desire my son to make annual settlements, and to my wife Mary Jane Fulbright, make a balance sheet, and declare the profit or loss for the current year of the partnership aforesaid, pay to my wife Mary Jane Fulbright her share of the profit if there should be any, and to her a receipt of acquittance therefore. If after my death my son James H. Fulbright and my wife cannot agree to carry on the business in partnership together, and wish to divide the property or the proceeds of the partnership property, I desire my wife to select as her arbitrator the Judge of the Laclede Circuit Court, whoever he may be, my son to select some suitable person of his connections or others as he may think best, and divide the property if division can be made. If division cannot be made by them they two to have authority to select a third arbitrator and the decision of those three men should be final in the premises, and I hereby authorize my son Harvey to pay these arbitrators a reasonable compensation for their labor out of the joint and partnership property.

4th I do hereby appoint my son James H. Fulbright curator and guardian of the estate of my Grandson Robert C. Fulbright until he has authority by Law to choose his own guardian. And at my death to take possession of all the property of my Grandson Robert C. Fulbright both real and personal, and with due regard to the health and comfort of the negroes here devised to use them, as also the real estate as profitably for the said ward (Robert C.) as he possibly can. I furthermore authorise and require my said son James H. Fulbright to use yearly after my death if he can and has obtained possession of my Grandson Robert C. Fulbright, so much money to pay for the board, tuition, clothing, etc. of my Grandson Robert C. Fulbright as may be necessary to give to the said Robert C. a liberal education, sufficient to qualify him to fill any office for which his natural talents might fit him, and no more. Said money to pay for the said Robert C. Fulbrights education, to be set apart yearly out of any property I leave at the time of my death, without regard to previous requests.

5. I do further request that my wife Mary Jane Fulbright will live with my son James H. Fulbright if she can do so happily, if not to select her own house taking with her such slave or slaves to wait on her during her natural life as my said wife and son can agree upon, __? my said wife allowing a reasonable compensation for the use of said negroes.

6. I do further request my said wife that in the event she should dissolve partnership with my son at my death or at any time afterwards, and take into her possession the negroes belong to me by virtue of that partnership, that she would if she desires to hire the said negroes or part with her possession of said negroes during the existence of her estate in said negroes, I desire that she would not hire them to the highest bidder, nor suffer the same to be done, but hire them to persons who will treat them humanely and kindly without regard to wages.

7. I do further bequeath and devise that in the event that my Grandson Robert C. Fulbright should die before marriage or without bodily heirs, in that event I bequeath all the property here given and bequeathed to him, to James H. Fulbright my son if living, if not living to his children. If my son James H. Fulbright is not living nor children living at the time of the death of my Grandson Robert C. Fulbright, then I give and bequeath and divide his share of the property to my Heirs General.

8. I do hereby appoint my wife Mary Jane Fulbright and my son James H. Fulbright Executor and Executrix of this my last will and testament.

In Testimony whereof I have hereunto set my hand and seal this 17th day of March AD 1855.
        John Fulbright {seal}
Signed Sealed and acknowledged
in the presence of the undersigned
witnesses, who have attested this
will, at the request and in the
presence of the Testator and
of each other.
     Henry Fulbright
     Robert W. Crawford
---------------------------
State of Missouri}
County of Laclede}
     In vacation of the County Court. Be it remembered that on the first day of September 1865 an instrument of writing purporting to be the last will of John Fulbright was exhibited to the undersigned John L. Herndon Clerk of the County Court of the County and state aforesaid to be proven and that the same was proven and is admitted to probate.                                              In witness whereof I have hereunto
                                  set my name and affixed the seal of said court ____ & day aforesaid.
John L. Herndon,Clerk
-----------------------------
State of Missouri}
County of Laclede} In vacation of the County Court.
      Be it remembered on this 31st day of August AD 1865 personally appeared before the undersigned John L. Herndon Clerk of the County Court of said county John Esther and Alfred Case, witness of lawful age and being by me first duly sworn says that they are acquainted with John Fulbright the testator in the annexed will in his life time and with his hand writing and from the best knowledge and belief of the deponents the signature of the said John Fulbright to the said instrument in writing is in the proper hand writing of the said John Fulbright.
Alfred Case
John Esther

In witness whereof I John L. Herndon, Clerk of the County Court of the County of Laclede and state aforesaid have hereunto subscribed my name and affixed the seal of said court in the county aforesaid this 31st day of August AD 1865.
John L. Herndon Clerk
--------------------------------
State of Missouri}
County of Laclede} In vacation of the County Court
Be it remembered that on this 31st day of August AD 1865 personally appeared before the undersigned John L. Herndon Clerk of the County Court within and for said County of Laclede in said state Henry C. Young a witness of lawful age and being by me first duly sworn deposes and says he was well acquainted with the handwriting of Robert W. Crawford, one of the attesting witnesses to the annexed will of John Fulbright deceased, that he has often saw the said Robert W. Crawford write his name, that he is fully satisfied from his acquaintance with the hand write of said Crawford that he write his name as an attesting witness & that the same is in the proper hand write of said Robert W. Crawford, that the said Crawford is not a resident of the State of Missouri and his post office is unknown to this deponent, but he if alive is in some of the Southern States. That said Crawford went South in AD 1862 and was at the time a Lt. Collonel in the Rebel Army. That he is well acquainted with Henry Fulbright the other attesting witness to said will and belivs that he signed his name as pears to said will from his knowledge of the hand writing of said Henry Fulbright. That said Fulbright went off in the Rebellion and his place of residence is not known to this deponent.
Henry C. Young
In witness whereof I, John L. Herndon, Clerk of the County Court of the County of Laclede and state aforesaid have hereunto subscribed my name and affixed the seal of said court at office in the county aforesaid this 31st day of August AD 1865.
John L. Herndon Clerk
--------------------------------------
State of Missouri} In vacation of the County Court
County of Laclede}
Be it remembered that on this 1st day of Sept AD 1865 personally appeared before the undersigned Clerk of the County Court of said County David L. Fulbright a witness of lawful age and after having been duly sworn by me according to law deposes and says that he is well acquainted with the hand writing of Henry Fulbright, one of the attesting witnesses to the annexed will and knows the same to be signed in his proper hand writing and that he is acquainted with the hand writing of the other witness Robert W. Crawford and belies the signing as attesting witness to be in the proper hand writing of said Crawford. Subscribed and sworn to before me this 1st day of Sept 1865.
David L. Fulbright

In witness whereof I, John L. Herndon, Clerk of the Courty Court of the County of Laclede and state aforesaid have hereunto subscribed my name and affixed the seal of said court at office in the county aforesaid this 1st day of September AD 1865.
John L. Herndon Clerk

_________________________________________________________________________________________

Copartnership Agreement between John Fulbright and his son James Harvey Fulbright

Laclede County Deed Book A, Page 244. 5 Oct 1852. John Fulbright and his son James Harvey Fulbright. Copartnership agreement. John Fulbright is now the owner of the following described real estate Laclede Co.: the W 1/2, SW 1/4 & SE 1/4, SW 1/4, Sec 19, Twp 36 N, Rng 15 W; the W 1/2, NE 1/4, Sec 24, Twp 36, Rng 16 W; the E 1/2, NE 1/4, Sec 24 Twp 36 N Rng 16 W; the NE 1/4, SE 1/4, Sec 24, Twp 36 N, Rng 16 W; the E 1/2, NW 1/4, Lot No. 1, NW 1/4, Sec 30 Twp 36 Rng 15 W; the SW 1/4, SE 1/4, Sec 24, Twp 36 N, Rng 16 W; and 1040 acres in Red River Co, Tex., for which he has the title bond of Edward Swink. He also owns slaves: Tri__s, aged about 60; Soloman, aged about 35; Milton, aged about 18; Rebecca, aged about 20; Hariett aged about 20; Esther, aged about 4; Peter, aged about 4; Davin, aged about 3; Jesse, aged about 15 months; Jenny, aged about 18 months; George, aged about 3 months; and other property, real, personal, and mixed. James Harvey Fulbright, son of said John Fulbright, owns land: the NE 1/4, Sec 24, Twp 36 N, Rng 16 W; the NW 1/4 & SE 1/4, SE 1/4, Sec 24, Twp 36 N, Rng 16 W; 53.53 acres, being the N 1/4, Lot No. 2, NE 1/4, Sec 19 Twp 36 N, Rng 15 W; the N 1/2, Lot No. 1 and Lot No. 2, SW 1/4, Sec 18, Twp 36, Rng 15; and 26.86 acres, being the W 1/2, S 1/2, Lot No. 2, NW 1/4, Sec 19, Twp 36, Rng 15. Sd James Harvey also owns slaves: Stokely, aged 26; Martha aged 21; Louisiana aged about 2; and Ann; and other property, real, personal, and mixed. John Fulbright exempts the following property from the copartnership: the SE 1/4, SW 1/4, Sec 24, Twp 36, Rng 16 W; the E 1/2, SE 1/4, Sec 25, Twp 36, Rng 16 W; the slaves Rachal, aged about 16; Ann, aged 2; Elizabeth, aged about 6 months; and their increase. The copartners are to share rights and income from the property. James Harvey Fulbright is to manage the property and day-to-day operations of the copartnership, and the agreement is to survive the death of one partner. Mary Jane Fulbright, wife of John, relinquishes dower rights to the property; and Mary Louisa, wife of James Harvey, also relinquished dower rights to the property. Signed John Fulbright, James Harvey Fulbright, Mary Jane Fulbright, Mary Louisa Fulbright. Witness Moses Norman, Justice of the Peace, John Herndon, Clerk. Recorded 28 Mar 1855.

__________________________________________________________________