James KERNS Will, 1844

I, James Kerns, of the County of Clinton in the State of Missouri do make and publish this my last Will and Testament. First, I give my Soul to God who gave it, and my body to be buried in the Earth.

I do give and bequeath unto my eldest son, George M. Kerns, all advancements heretofore made to him, given.

I also give and bequeath to my daughter Isabell Boyer all advancements heretofore made to her and her husband Oliver Boyer.

I also give and bequeath to my daughter Martha Kerns all advancements heretofore made given to her and to her husband Everhart Kerns.

Also I give and bequeath to my daughter Amanda Chambers, New (or now) the wife of Lewis Chambers, out of my personal property a sufficient amount to be set out to her by my wife when called for by my daughter after my decease to make my said daughter equal with my other daughters that have married, and my said wife is to be the Judge as to what will make my said daughter Amanda equal with my said daughter Isabella Boyer and my daughter Martha Kerns at the time they went to house Keeping.

Also give and bequeath to my daughter Amanda Chambers, the sum of four hundred dollars, to be paid at the decease of my wife, but if my wife should live until my youngest boy shall arrive at the age of twenty one years, then said sum of four hundred dollars shall be paid to my said daughter Amanda, and if my said youngest son shall depart this life before he arrives at the age of twenty one years, and all the balance of my children arrive at the age of twenty one, thus the said sum of four hundred dollars is to be paid to my paid Amanda.

I further give and devise to my wife Elizabeth Kerns all my real Estate situated in the County of Clinton, Buchanan and DeKalb, also all my personal property of every Kind and Nature whatsoever, during her natural life.

***At tho of my said wife then the property both real and personal, decide to Lydia Kerns, Charles A. Kerns, and Lincon S. Kerns, and if Either of the those last mentioned should Children shall die before arriving at the age of twenty one years then in that event the property both real and personal descends to the other two.

If either of the Boys marry after the death of my said wife, and after they arrive at the age of twenty years they shall have One third in valuation of both real and personal property, and if the other Boy marry after he is twenty one years of age and leave Lydia single then he and Lydia make an equal division in valuation leaving Lydia the Homestead. If Lydia Should Marry after the deaths of my said wife and the Boys that is Charles A. Kerns and Lincon S. Kerns become twenty one years of age, then Lydia is to have one thousand dollars in valuation of real and personal property, and if Lydia should marry before the death of my said wife then it shall be at the discretion of my said wife how much my said wife will give her but after the death of my said wife and the boys become twenty one years of age then Lydia shall have four hundred dollars in real and personal property at cash valuation by disinterested parties.

And lastly, as to all the rest, residue and remainder of my personal estate whatsoever, after payment of all my just debts, I give and bequeath the same to my said beloved wife, Elizabeth Kerns, as aforesaid whom I hereby appoint my Executrix, to be assisted by my son George M. Kerns, of this my last Will and testament, hereby revoking all former wills by me made.

I witness whereof I have hereunto set my hand this fifth day of March AD 1877.

James Kerns

Signed and declared by the above named James Kerns to be his last Will and Testament, in the presence of us, who at his request and in his presence have subscribed and named as Witnesses thereunto.

Herbert W. Haynes

John Brown

George Boyer

State of Missouri

County of Clinton

In the matter of proving the last will and Testament of James Kerns late of Clinton County, Missouri, deceased.

In the Probate Court of Clinton County, Missouri . In Vacation, May 4^th, 1877.

On this 4^th day of May 1877, before me, Clerk of the Probate Court of Clinton County Missouri, personally came Herbert W. Haynes and John Brown who being by me duly sworn on their oaths say that they were present and saw James Kerns sign the foregoing instrument of writing, *** to be the last will and testament, and heard him publish and declare the same to be his last will and testament and that at the time of signing and publishing the same, the said James Kerns was of sound mind and disposing memory, and the at the deponents subscribed their names there as witnesses to the same in the presence of and at the request of the testator. And in the presence of each other and the other subscribing witness.

George Boyer

Herbert W. Haynes

John Brown

Subscribed and sworn to before me this 4^th day of May AD 1877

M. Shoemaker, Clk.

State of Missouri,

County of Clinton

In the Probate Court—In Vacation, May 4^th, 1877.

I, M. Shoemaker, Clerk of the Probate Court, within and for the said County, Missouri, having received the foregoing instrument kind/writing to be the last will and testament of James Kerns deceased, late of Clinton County, Missouri and having heard the testimony of Herbert W. Haynes and John Brown, subscribing witnesses thereto in relation to the Execution of the same, do declare and adjudge said instrument of writing to be the last Will and testament of said James Kerns deceased, and the same is therefore admitted to Probate.

In testimony whereof, I have hereunto set my hand and affixed the seal of said court at office this 4^th day of May 1877.

M. Shoemaker, Clk.

State of Missouri

County of Clinton

To all to whom these presents shall come, Greeting:

Know ye, that the Last will and Testament of James Kerns, deceased, late of Clinton County Missouri, hath, in due form of law, been executed, proved and recorded, in the office of the Clerk of the Probate Court, of Clinton County Missouri, a copy of which is hereunto accepted, and wherewith as it appears that Elizabeth Kerns has been appointed Executrix in and by said last Will and Testament, to Execute the same, and to the end that the property of the said Testator may be preserved for those who shall appear to have a legal right or interest therein, and that the said Last Will and Testament may be Executed according to the request and instructions of the said Testator we do hereby authorize her, the said Elizabeth Kerns, as such Executrix, to collect and secure, all and singular, the goods and ** rights and credits which were of the said James Kerns, deceased, at the time of his death, in whosoever hands, or possession this same May be found; and to perform and fulfill all such duties as may be enjoined upon her by said Last Will and Testament, so far as there shall be property and the law charge lieu; and, in general to do and perform all other acts which and now, or may hereafter be required of her by law.

In Testimony whereof, I, Moses Shoemaker, Clerk of the Probate Court, in and for said County, have hereunto signed my name, and affixed the seal of the said Court at office in Plattsburg this 4^th day of May 1944.

M Shoemaker, Clerk of said Court