Abernathy Document
Will of Daniel Abernathy
15 Jan 1849
In the name of God Amen, Know all men by these presents that I Daniel Abernathy of the County of Perry in the State of Missouri being weak in boddy [sic] but of sound and disposing mind and not expecting long to live in this world and anxious to settle my temporal affairs do in the first place give and bequeath my soul to God who made it and my boddy [sic] to the Charatable [sic] rememberance [sic] of my friends and to be by them decently intered [sic].
2ndly -- In consideration of the love and respect that I bear to my beloved companion Susannah and for the many valuable services she has rendered me and in as much as I expect to have no hear of my boddy [sic], I do hereby make her my legal Heir it is my will and desire that all my just debts to be paid by my Executrix and the residue of my property of whatsoever nature or Kind I do hereby give and bequeath to my beloveded [sic] wife.
To wit, All my personal property of every Kind and description whatsoever, also my real Estate consisting of Eighty Acres of Land, lying and being in the said County of Perry it being my West half of the Southwest quarter of section No. Eight in Township No Thirty Fourth North of Range No Eleven East to have and to hold the same with all and singular the appurtenance [sic] in and improvements thereunto belonging or in any manner appertaining.
Also my Slaves, namely, Tisha, Mary Jane commonly called Jemima, Columbus, Monroe and Margaret, all and each of them Slaves for life and that s/d [sic] the said Susannah my beloved wife to hereby have the complete control of the aforesaid pieces of property, and I do hereby give a bequeath unto her my beloved wife all of the aforementioned property, particularly the aforementioned Slaves and she I hereby authorize and empowered to have, sell, transfer or devise the same or any part thereof as may best suit her wish and convenience.
And I do hereby constitute Susannah my wife, my Executrix of this my last will and Testament. State of Missouri, County of Perry . I Daniel Abernathy of the County and State aforementioned do hereby Publish this the above and foregoing to be my last Will and Testament.
Signed, sealed and delivered in presence of us this fifteenth day of January A. D. 1849.
Daniel Abernathy {Seal}
Attest. Mark Brewer
Cornelius Manning
State of Missouri
County of Perry
Proof of Will
County Court of Perry County
November Term A. D. 1849
Be it Remembered that Mark Brewer and Cornelius Manning 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 Daniel 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 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 he same in the presence of said testator, which proof is deemed sufficient to establish said will.
Mark Brewer
Cornelius Manning
In testimony whereof I hereto subscribe my name and affix the seal of said Court this 6th day of November A. D. 1849.
Henry L. Caldwell, Clerk
Recorded November 6th A. D. 1849.
Test. H. L. Caldwell, Clk
by R. J. Waters, Dep.
State of Missouri
County of Perry
Bond of Joseph T. Abernathy,
Admin. with the will annexed of
Daniel Abernathy late of Perry County deceased.
Know all men by these presents that we Joseph T. Abernathy as principal and Cornelius Manning & J. A. McLane ~~~~~~~~~~~~~ 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 Five 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 by these presents signed and sealed with our seals this sixth day of November A. D. 1849.
The Condition of the above bond is that Jos. T. Abernathy admit with the will annexed of the Estate of Daniel Abernathy deceased shall faithfully administer said Estate account for and pay and deliver all money and property of said Estate and perform all other things touching said administration required by law or the order or decree of any Court having jurisdiction and shall moreover faithfully execute the last will and testament of said Daniel Abernathy deceased by paying first his debts and then the legacies mentioned in said will as far as the assets will extend and the law direct, render true and just accounts and faithfully perform all things required by law touching said administration then the above bond to be void, otherwise to remain in full force and effect.
Jos. T. Abernathy {Seal}
Cornelius Manning {Seal}
J. A. McLane {Seal}
Signed, sealed and acknowledged in the presence of
Henry S. Caldwell, Clerk of the County Court of Perry County
State of Missouri
County of Perry
Letters Testamentary
To all persons to whom these presents shall come, Greeting:
Know Ye, that the last will and testament of Daniel Abernathy deceased hath in the form of law been exhibited proved and recorded in the office of the Clerk of the County Court for Perry county, a copy of which is hereunto annexed and inasmuch as it appears that Joseph T. Abernathy has been appointed as administrator 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 in the County Court within and or the County of Perry aforesaid do hereby authorize the said Joseph T. Abernathy administrator with the will annexed to collect and secure all and singular, the goods and chattels, rights and credits which were of the said Daniel Abernathy at the time of his death in whosoever hands or possession the same may be found and to perform and fulfill such duties as may be enjoined on him by said will so far 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 tenth day of November A. D. 1849.
Recorded November 10th 1849. Test Henry L. Caldwell Clerk.
Transcribed by Elizabeth Ferguson