1841 – Will of Jesse Evans

[as filed March 30, 1846, Osage County, Mo., Will Book A, pp. 34-39 [page number 35 omitted] (available in Osage County, Mo., Will records, vol. A-C 1841-1888, Microfilm #913753, FamilySearch)]

I Jesse Evans of the County of Osage and State of Missouri, do make and publish this my last will and testament hereby revoking and making void all former wills by me at any time heretofore made in manner and form following (to wit)

1 It is my will that my funeral expenses and all my just debts be fully paid

2 I give and bequeath to the widow of my son John Evans Sally my negro woman named Nancy (now with her) during the natural life of the said Sally Evans and at her death that it is my will that the said negro woman Nancy with all her increase if any goes to her son John Evans Junr

3 I give and bequeath to the children of my daughter Ann McCampbell to each of them the sum of one dollar

4 I give and bequeath to my son Joseph Evans my two negro women and their children (viz) Lilah and her family of five children and Rachel with her family of four children also I give him all the lands to which I may have claim or interest lying in the States of Virginia and Kentuckey and one hundred acres of land included in Walkers grant lying near Wyth[e] Court house Virginia on the waters of Reed Creek also I give to him (Joseph Evans) my two young negro men George son of my servant Charity and William son of my black servant Elizabeth during the natural life of their mothers Charity and Elizabeth and at the [page break in original]

(2)

death of each of their respective mothers Charity and Elizabeth I give the said negros to my son Joseph Evans two sons Jesse and James that is I give William to Jesse Evans and George to James Evans to remain their right forever Also I give to my son Joseph Evans my negro or colored servant Lorenz [ ]

5 I give and bequeath to my daughter Jenny Farmer the eldest female colt of my mare called Adaline also my black servant Godfrey but provided that my son Joseph shall within term of six month after my death pay to the said Jenny Farmer the sum of five hundred dollars the said negro man Godfrey remaining and continuing alive and well then the said negro man Godfrey shall be and remain the rightful property of the said Joseph Evans

6 I give to Jeanna Howell formerly wife to my son Jesse Evans Junr the sum of one dollar

7 I give to my grandson Jesse Robbinson [Robbins] son to Prospect K Robinson [Robbins] and my daughter Betsey formerley his wife the sum of one dollar

8 I give to each of the children of my daughter Sally formerley wife to John Armstrong one dollar

9 I give to my daughter Nancy King one small lot of land in the City of Jefferson being one of the lots purchased by me of Andrew J Walker and lying nearest to the State house the number of said lot not known at this time.

Jesse Evans [page break in original]

(3)

10 I give and bequeath to my son George Evans Forty (40) acres of land lying on the south side of the Missouri River in the County of Osage to be taken off the north east part of my land as now held in fractional Section twelve (12) Township forty four (44) North Range ten (10) West to be cut off by lines running north and west to the River I also give him two cows to be selected by himself from my great stock of cattle after my decease

11 I will and bequeath to my black man Peter a slave his freedom and full release from servitude and three horse beasts three head of cattle and fifteen head of hogs and rifle gun and his beds and bedding house and kitchen furniture the house in which he now lives all which property he now claims as his own right (save the house) which he is to have during his pleasure of personal continuance therein

12 I give and bequeath to my mulatto woman a slave Charity her freedom and full release from servitude and one mare called Minervas filley two cows and about thirty (30) head of hogs now claimed by said Charity the cows to be selected by my Executor for her from my [ ] stock of cattle also her beds and bedding of what nature so ever her house and kitchen furniture and the house in which she now lives as long as she may think proper to continue therein

13. I give and bequeath to my negro woman a slave Elizabeth her freedom and full release from servitude and [ ] two cows

Jesse Evans [page break in original]

(4)

which she now claims and one other cow to be selected for her by my Executor with about thirty (30) head of stock hogs now claimed by her, a mare called Pleg now claimed by her son William her beds and bedding her house and kitchen furniture two calves claimed by William her son with the use of the house in which she now lives so long as she may think proper to remain therein

and I also give to the three last mentioned negros whom I have set free (viz) Peter Charity and Elizabeth for and to there use and benefit in common forty (40) acres of land being the South East quarter of the North East quarter of Section thirteen (13) in Township forty four North Range ten West lying in the County of Osage which I give to them during their or either of their natural lives and at their death or the death of the last of them then it is my will that the said forty acres of land be sold and the money arising from the sale of said land be equally divided between my grandchildren in the family of John Evans deceased Jenny Farmer and Nancy King share and share alike

14 I will and bequeath my black man Harry a slave to James Evans son of Joseph Evans my son

15 I further give to my son Joseph Evans two feather beds and furniture with the bedsteads

16 I further will and bequeath that whatever lands and town lots I may have at my death lying in the State of Missouri and not disposed of by this will with all my stock of horses cattle hogs sheep gees poltery or of any kind a whatsoever not disposed as aforesaid all my beds beding house hold and kitchen furniture not desposed of

Jesse Evans [page break in original]

(5)

all my farming and working utensils and personal property I possess of whatsoever nature or kind that is not disposed of by this will shall be sold and the money arising from the sale thereof to be divided as follows to Jenny Farmer the one fourth part of the whole amount the remaining three fourths parts to be divided equally between my grand children in the families of John Evans Nancy King and George Evans to each child share and share alike and

lastly I do hereby nominate and appoint my son Joseph Evans of the County of Osage and State of Missouri to be Executor of this my last will and testament.

In testimony whereof I have to this my last will and testament contained in this and four foregoing pages set my hand and seal in the manner following that is to say the first four pages and this page I have set my name and to the fifth and last page of this my last will and testament I have subscribed my name and set my seal this Eleventh day of November in the year of our Lord one thousand eight hundred and forty one

Jesse Evans (seal)

Signed sealed published and delivered by the above named Jesse Evans as and for his last will and testament in presence of us who at his request and in his presence have subscribed our names as witness thereto in the presence of each other

Attest:
Henry Neill
Lewis S. Allen
Robert More
J.B. Besson

STATE OF MISSOURI
County of Cole

In the Cole Circuit Court
February Term 1846
Among others the following proceedings were had to wit

Joseph Evans &
James S. Evans
vs
George King & others

One petition to Establish Will of Jesse Evans deceased

Now at this day come said petitioners by their attorneys and neither the said defendants nor their attorneys say anything in bar or preclusion of the said action of the said petitioners whereby the said petition remains therein undefended against the said petitioners. Therefore the said petitioners by their attorneys demand a jury to try the issues of fact herein whereupon come a jury to wit:

Wm. Manover, Michael Newman, E. Phillips, H. Mursersmith, W.G. Duncan, Henry Oliver, C. Cruier, Israel Uncapher, Wm. Sundy, Richard Lindy, Audrey Sacks twelve good and lawful men who being duly elected tried and sworn a true verdict to render herein according to the evidence upon their oath do say that they find the issues for the said petitioners and that said alleged will is the last will & testament of the said Jesse Evans deceased therefore it is considered by the Court here that said writing produced by said petitioners as the last will and testament of said Jesse Evans deceased is duly proved as the last will and testament of said Jesse Evans and it is further ordered that the proceedings in this Court be certified back to the County Court of the County of Osage that said proceedings may be heard herein as will fully carry out & effect the provisions of said will and it is further considered that the said Petitioners receive their cost & charges by them about this sent herein expended and that they have execution therefore.

State of Missouri
County of Cole

I, Gustavies A. Parson, Clerk of the Cole Circuit Court do hereby certify that the foregoing is a true copy of an order of record in my office. In testimony whereof I have hereunto set my hand and affixed the seal of said Court at office in the City of Jefferson this 28th of March AD 1846

G.A. Parson, Clerk
By I.C. Burchard, D.C.

Filed and Received March the 30th 1846

E.M. Jettner Clerk