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In the name of God, Amen, I Julia Lacy of the county of Cooper
in the State of Missouri, being in feeble health, but of sound and disposing
mind and memory do hereby make and publish this my last will and testament
in manner and form following, to wit, Item 1st. To my son George G Lacy
I give and devise, absolutely the following real estate, Viz. The E 1/2
of North West qr of section 24, being 80 acres.
Item 2d. To my son Robert A Lacy I give and devise absolutely the following
real estate Viz, the N 1/2 of the W 1/2 of North West quarter of section
24, being 40 acres, also the NE 1/4 of North East qr of section 23, being
40 acres.
Item 3d. To my daughter Agnes G Lacy I give and devise the following real
estate Viz, the S 1/2 of W 1/2 of N W 1/4 of Section 24 containing 40
acres, also the South East quarter of North East quarter of section 23,
containing 40 acres. The dwelling house and improvements are on the land
devised to my said daughter. The fee simple to this last referred to land
I devise absolutely to my said daughter but the possession & occupancy
thereof for the time contemplated by the provisions of the 5th Item of
this will are subject to the contingency and provisions in said 5th Item
named.
Item 4th The rest and residue of my real estate being 80 acres, to wit,
S W 1/4 of S E 1/4 of section 14. and S E 1/4 of S E 1/4 of section 14.
I give and devise to my said three children, absolutely share and share
alike. All of the real estate named herein is in Township 48 of range
16 in Cooper county and State aforesaid.
Item 5th. I desire to make this further provision in regard merely to
the occupancy of the land devised to my said daughter & which is the
provision herein before referred to, Viz, That so long as my husband Archibald
J Lacy remains single and unmarried after my death, and wishes to remain
and does himself remain on the land herein devised to my said daughter,
he shall have the right to do so, upon condition of his paying all taxes
on same, to enable him the better to support and suitably to clothe his
and my said daughter But this right is not transferable and is dependent
on the condition of his so remaining on said premises as his home, for
the purposes aforesaid, The payment of the taxes as aforesaid and not
remarrying. And on the happening of either or any of said conditions,
then the right of my said daughter to the immediate possession of said
premises shall be complete.
Item 6th I further will and direct that in the event of the death of one
of my said children before they severally arrive at the age of twenty
one years, without leaving surviving them, child or descendants, that
in that event, the land herein devised to the one so dying shall descend
and vest in the surviving brother or sister of the one so dying - absolutely
and equally to both survivors, if both be living and if not to the one
so surviving.
Item 7th. Relying on the affectionate disposition of all of my said children
to their father, I shall make no absolute provision for him, which I should
do if I had more property, but leave it to my said children, when they
shall become of age if his necessities should require assistance, to render
him such assistance as his necessities may require, and their ability
allow.
Item 8th I hereby nominate and appoint my beloved husband Archibald J
Lacy, sole Executor of this my last will and testament. In witness whereof
I have hereunto subscribed my name and affixed my seal, on this 31st day
of May AD 1870
We subscribe our names hereto as attesting witness of this will, at the
request and in the presence of the testatrix.
Wm. D. Muir - Dorothy Gale - Wm H Ellis
| State of Missouri |
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| County of Cooper |
} S S |
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Be it remembered that on the 1st day of November |
1870 personally appeared before me, the Judge of Cooper Probate Court, in
and for Cooper County, Wm. D. Muir & Dorothy Gale two of the subscribing
witnesses to the foregoing will of Julia Lacy deceased, who being sworn,
say that said testatrix signed said will in presence, and published the
same as her last will and testament, that at the time of publishing said
will, the said testatrix was of sound mind and more than twenty one years
of age. and that they, the said deponents subscribed their names to said
will as witnesses thereto, in the presence of said testatrix and at her
request
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Wm. D. Muir - Dorothy Gale. |
| State of Missouri |
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| County of Cooper |
} S S |
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Be it remembered that on the 1st day of November |
1870, personally appeared before me, the Judge of Cooper Probate Court,
in and for Cooper County, Wm D. Muir & Dorothy Gale two of the subscribing
witnesses to the foregoing will of Julia Lacy deceased, who being sworn,
say that said testatrix signed said will in presence, and published the
same as her last will and testament. That at the time of publishing said
will, the said testatrix was of sound mind and more than twenty one years
of age. And that they, the said deponents subscribed their names to said
will as witnesses thereto, in the presence of said testatrix and at her
request.
Sworn to and subscribed before me
| State of Missouri |
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| County of Cooper |
} S S |
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In Cooper Probate Court, October Term 1870. |
A paper writing purporting to be the last will and testament of Julia Lacy
deceased, was this day produced in open Court before the Judge thereof,
and proven and identified by Wm. D. Muir and Dorothy Gale, two subscribing
witnesses to the same, who were qualified for that purpose Whereupon it
is considered and adjudged by the Judge of this Court that the said paper
writing was duly executed by the said Julia Lacy as and for her last will
and testament, and the same is hereby confirmed and established as the last
will and testament of the said Julia Lacy deceased, and is admitted to probate.
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In witness whereof I the Judge of said Court, hereto
subscribe my name and affix the seal of said court the 1st day of
November 1870. |
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Wm. R. Butler, Judge
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State of Missouri, to wit,
Wm R Butler Judge of the Probate Court, in and for Cooper County certify,
that I recorded the foregoing will of Julia Lacy, in Will Book A, page
442 & following, this the 5th day of November 1870
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