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This document known as the "Stephenson Old Will" in our family was passed down from my Grandfather, Fraoncis (Frank) Earl Stephenson. James Leavell's daughter was Margaret Leavell Stephenson, wife of John Pitman Stephenson, who is the first individual mentioned in the will. This transcription was taken from the original by my mother and the original is in the possession of her brother, Robert. It was formally recorded October 20, 1857, ten days after James Leavell passed away. This transcript has been corrected from the original hand-written copy my mother made and all previous type-written copies are missing a couple of sections in item Seventh (7FEB2006).
I James Leavell of the County of Montgomery in the State of Missouri being of sound mind and disposing memory do make and establish this my last Will and testament that is to say:
Item First: It is my desire that all of my just debts and funeral expenses be paid out of any money or personal property that may come into the hands of my executors hereinafter named.
Item Second. It is my desire that my daughter Margaret Stephenson shall have and I hereby give her the following named Slaves to wit, Eliza a girl about eighteen years old, Mary a girl about the same age of the first named, Louisana girl eight years of age and Andy a boy about seven years of age. I also give her six shares in my interest in the North Missouri Railroad.
Item Third: I give and bequeath to my son Harvey Leavell (or rather) William H. Leavell the following slaves to wit Lucy a woman about thirty five years old, James a boy about seven years old, Solomon a boy about four years of age, and Hannah a girl about three years of age, all slaves for life. I also give to my son William H. Leavell Six Shares in the North Missouri Rail Road. I also give and bequeath to my said son William H. Leavell one more slave a boy about seven or eight years old named Charles.
Item Fourth: I give and bequeath unto my daughter Elizabeth Boone the following named Slaves in addition to those already given her 'to wit' Bishop about nineteen years old, Anniee a girl about eight years old, Nany a woman about thirty three years old, Henry a boy about Six years old, Catherine a girl about five years old and Eudochia or Doshia, a girl about four months old: I also give my daughter Elizabeth Boone Six Shares in the North Missouri Rail Road.
Item Fifth: I hereby give and bequeath to my daughter Jane Carnefix the following named Slaves to Wit Hannah a girl about nineteen years old, Mahala a girl about Six years old, John a boy about nineteen years old and Patrie a girl about nine years old. I also give my said daughter Jane Canefix Six Shares in the North Missouri Rail Road.
Item Sixth: I give to my daughter Julia Anne Snethen the following names Slaves to wit, David a boy about twenty nine years old, also a boy named William about ten or twelve years old--also Rachel a girl about twelve years old, and Mariah a girl about five years old. I also give to my daughter Julia Ann Snethen Six Shares in the North Missouri Rail Road.
Item Seventh: I give and bequeath unto my Grand Son James Alexander Leavell the following Slaves to Wit: Alfred a man about thirty three years old, Emeline a woman about thirty two years old, Amanda a girl about ten years old, Kitty a girl about six years old and Nancy Jane a girl about eight months old. I also give
STEPHENSON OLD WILL - Page 2
and bequeath unto my grand son James Alexander Leavell the following described real estate situated in the County of Montgomery and State of Missouri to Wit:
The West Half of the South East and the East Half of the South West quarter of Section twenty two in Township forty six of Range five West containing one hundred and sixty acres --The North West fractional quarter of Section twenty seven in Township Forty Six of Range five West containing one hundred and thirty five acres and twenty six hundredeths of an acre.
The West Half of the South East quarter of Section Twenty one of Township Forty Six of Range five West containing eIghty acres.
The South East quarter of the South West quarter and the South West quarter of the North East quarter of Section Twenty in Township Forty Six of Range five West containing Seventy eight acres and forty eight acres and forty eight hundredths.
The East Half of the North West quarter of Section twenty one in Township forty Six of Range five West containing eighty acres.
The Northeast quarter of the North West Quarter of Section twenty-two in Township forty six of Range five West Containing forty acres.
The East Half of South East quarter of Section Twenty One in Township forty-six of Range five West Containing eighty acres.
The South East quarter of the North West quarter of Section twenty two in Township forty six of Range five West containing forty acres.
And the West Half of the South West Quarter of Section twenty two in Township forty Six of Range Five West containing eighty acres.
To have and to hold the same to my Grand Son James Alexander Leavell to his heirs and assigning forever together with all the privileges and appurtenances thereto belonging.
Item Eight. I give and bequeath unto my grand son James Stephenson the following described real estate in the County of Montgomery and State of Missouri to Wit:
The North East Quarter of Section Twenty eight in Township forty Six of Range five West containIng One Hundred and Sixty acres.
To Have and To Hold the same to him my said Grand Son James Stephenson his heirs and assigned forever together with all and singular the privileges and appurtenances thereto belonging.
Item Ninth. I give and bequeath unto my grand daughter Rebecca Gill the following named Slave to Wit - Eveline a girl about seven months old.
Item Tenth. I desire that all of my personal property not mentioned heretofore be disposed of at Public Sale by my Executors.
Item Eleventh. I hereunto appoint Lewis H. Callaway and John Carnefix to act as
STEPHENSON OLD WILL - Page 3
my Executors to this my last Will and testament and I give and bequeath to the said John Carnefix the sum of one hundred and fifty dollars in cash to be paid out of the money arising from the sale of personal property mentioned in the tenth item and after all just demands and all necessary attorney fees and C&C are paid. I then desire that the reserve be equally distributed between my legal heirs given under my hand and Seal this twenty fourth day of August in the year of our Lord one thousand eight hundred and fifty seven - In Witness Whereof I have set my hand and Seal.
James Leavell
(His Mark, an "X")
did sign the testators name in his presence and at his request
Subscribed as witnesses and at the request of the testator,
Mathias McGerk
William Quick
Hezekiah Poindexter
(His Mark, an "X")
Witnesses
Errors Corrected.
Item Third - Interlined "five" on page one
Item Fourth - Interlined on page two "a Negro boy Bishop about nineteen years old, and Nanny a woman about thirty three years old."
Item Seventh. On page three - "Erased Robert a boy about seventeen years old."
Whitnesses
Matthias McGirk
William Quick
Hezekia Poindexter
(His Mark, an "X").
State of Missouri
Montgomery County
Matthias McGirk
William Quick and Hezekiah Poindexter the subscribing witnesses to the within Will being duly sworn upon their oath state that James Leavell the testator made and published the within as his last Will and testament at the time herein set forth and at the time of making and publishing the same said testator was of sound and disposing mind and they subscribed their names to said Will as witnesses in the presence of the testator and at his request.
Matthias McGirk
William Quick
Hezekiah Poindexter
(His Mark, an "X")
STEPHENSON OLD WILL - Page 4
J. Jacobs Sharp Clerk of the County Court in and for said County certify that Matthias McGirk, William Quick, and Hezekiah Poindexter dit this day come before me and took and subscribed the above oath.
(SEAL) In witness whereof I have hereunto set my hand and affixed the seal of said Court at office in the Town of Dasiville the 20th day of October in the year of our Lord 1857.
Jacob S. Sharp Clk.
State of Missouri
Montgomery County Sct
I Jacob S. Sharp Clerk of the County Court of Said County certify that the foregoing is a true copy of the Wil1 of James Leavell deceased _________ my office.
(SEAL) In witness whereof I have hereunto set my hand and official seal. Done at the office in the town of Dasiville the 20th day of October A.D. 1857.
Jacob S. Sharp
By Sam L. Sharp Clk.
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