Will of James Howell
Howard County, Missouri
NOTE FROM SUBMITTER: James Howell married Agnes Cason on October 11, 1814 in Warren County, Kentucky. Susan (Howell) Clizer, is mentioned in the will. Her father, Payton Howell, had apparently died before then.
I James Howell of Howard County, Missouri make the following my last will and testament hereby revoking all others hereunto made.
1st I will and direct that my just debts and funeral expenses be paid.
2nd I give and devise to my beloved wife Aggy during her natural life the trace of land on which we now reside, situated in Howard County, Missouri and conveyed to me by George [ ? ] Page and wife - I also give to said wife during her natural life all my personal estate of [ ? ] [ ? ].
3rd I give and devise to my son James H. Howell at the death of my wife one hundred and sixty acres of land to be taken out of the tract above described and willed to my wife during her life - My son to take said one hundred and sixty acres out of any part of said tract and to have the same surveyed and file a plat and survey in the Recorders Office in this County. I will and direct that my said son James H. Howell shall have the privledge of buying the remainder of said tracts of land at the price I paid for it and my executor or administrator shall convey the same to him upon payment therefore - and also to convey the one hudred and sixty acres above given to my said son.
4th My wife shall have the power to sell or dispose of any personal property during her life or to give the same or any part thereof by way of a covenants to our children so as to make them equal with others who have received covenants.
5th I have given to my daughters: Lavinia Cropp, Martha Onsley, Angeline F. Beattie and to my son Cason Howell their full share of my estate and now give them nothing more.
6th If my son James H. Howell shall not purchase the remainder of the tract of land purchased from Page then it shall be sold by my executor or administrator and also all personal property remaining undisposed of and the proceed shall be equally divided among my son James H. Howell and my daughter Elizabeth M. Cason and my grandsons William H. Hix and Peyton G. Howell - my grand daughter Susan Cliser having received her entire share I give nothing more. And if the land be purchased by my said son James H. Howell the proceeds to be distributed in the same manner.
Witness my hand and seal this 29th day of April 1867.
The name of the Testator written by A.J. Herndon at the
State of Missouri County of Howard
Samuel C. Major and Andrew J. Herndon, the subscribing witnessed to the foregoing instrument of writing purporting to be the last will and testament of James Howell, deceased, do swear that the name of said James Howell was subscribed to said instrument by Andrew J. Herndon at the request of said James Howell who made his mark thereto and published the same as and for his last will and testament in our presence that we subscribe our names thereto as witnesses at the request and in the presence of James Howell and in the presence of each other and we believe said James Howell was of sound and disposing mind and over twenty one years of age at the time of signing said will. So help us God.
Filed February 17th 1872
Source: FHC Microfilm # 0963412 - Howard County, Missouri Marriage Records, Vol. 7, page 73.
Submitted byDiane Midkiff [2Mar02]
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