[page 1] Clayton Devin
[Lo]
Will Box 71
202 Filed Dec 24
AD 1868
JB Burros
Clk [page 2] In the name of God,
Amen,
I Clayton Devin of the County
of Polk and State of Missouri being
in the Seventy sixth year of my age and
a very feeble State of health being con-
scious of the uncertainty of life and
Certainty of death at the same time
according to my own apprehensions
of Sound mind and being anxious
to make a suitable desposition of
my real and personal estate do make
ordain and delare this to be my
last will and testament.
1st It is my will that after my
decease that all my debts and the
expenses of my funeral be paid and
discharged by my executor herein
after named and appointed out of
my estate as soon as conveniently
may be I leave the charges of my
funeral to the descretion of my ex-
ecutor.
2nd I give devise and dispose of
my estate both real and personal save
what may be necessary for the pay-
ment of my just debts and funeral
expenses in the following manner
To wit, I give and bequeath unto [page 3] my beloved wife Margaret Devin
all of my personal estate such as
money or the proceeds of notes or
stock such as cattle horses and sheep
and hogs house hold and kitchen
furniture and farming utensils to
have and enjoy and dispose of as she
may think proper to her own use
and benefit during her natural life
after her decease to be disposed of
as hereinafter mentioned together
with my personal estate I give and
bequeath unto my said wife the
following described land compris-
ing the homestead to wit the
West half of the Southwest quar-
ter section So thirty four (34)
and East half of of South West
quarter and South West quarter
of NorthWest quarter and South
East quarter of North West quarter
Section No Thirty Three (33) of
Township No Thirty four (34) of
Range No twenty three (23)
The above described real estate
I desire to be sold or vivided as
herinafter mentioned.
3rd It is my desire that the fol- [page 4] lowing described real estate be dis-
posed of by my executor either by
private or public sale on the most
advantagous terms that he may
think fit if not sold by my self
during my life time the proceeds to
be given to my wife Margaret Devin
to be enjoyed by her as she may
desire for her own use and benefit
as long as she may live To wit
South half of the South West quar-
ter and South East quarter of the
South West quarter of Setion No
nine (9) Township No Thirty
four (34) of range No Twenty
three and also the South East
quarter of the North West quarter
Section No Twelve (12) Town-
Ship No Thirty four 34 of Range
No Twenty four (24)
4-- The following described land
I give and bequeath unto the Dev-
in family to remain in common
for the use of a burying ground
bounded as follows To wit Beginning and lying
on the East boundary Section Thirty Two 32 Town-
Ship Thirty four 34 of Range (23) at a yellow
Stone 36 poles North of the South East
corner of the said Section [Witnynd] by Black
oak 12 inches in diameter 20 [page 5] links North East to black oak 11 inches
in diameter 17 links due West thence North
on a Section line 17 Poles to yellow
Stone West 28 Poles to yellow Stone [Nine]
South 17 Poles to yellow Stone [Nine]
East 28 poles to The [begining]
[Anlang] 2.56 acres the above des-
cribed land to remain forever
the property of the Devins not to
be Sold but to be used by the pub-
lic as a common burying ground
5 After the death of my
wife Margaret Devin it is my
desire that the remainder of my
estate after her funeral expenses
Shall have been paid be disposed of
as follows To wit
I give and bequeath to my Son
William M Devin the Sum of
five dollars.
I give and bequest to my
daughter Ama S. Wilson five
dollars
I give and bequeath to my
daughter Margaret A. Chitty
the Sum of five dollars. [a page seems to be missing] [page 6] 9th After the above [legacies] have been
paid to gather with the expenses of
administration The residue of my
estate both real and personal I [disise]
may be equally divided if can
be if cannot be then the real es-
tate to be Sold and proceeds together
with personal estate be divided between
the following named legal heirs
of my body or their legal repre-
sentatives, to wit, Clayton
S. Devin, Joseph B. Devin, Alfred
H. Devin, Martha M. Heydon, Sarah
J. Thompson, Mary E. Pickering
Massa L. Hughes Parthenial
T Frieze Share and Share alike In order that the provisions of
this my last will and Testament
may be carried out I constitute
and appoint Alfred H. Devin my ex-
ecutor hereby revoking all former wills
by me made. In witness whereof I have hereunto
set my hand this 14th day of October
1868 [Atuge] Clayton ^his X mark^ Devin <\p> A. Signed and declared by the above
named Clayton Devin to be his
last Will and testament in the [page 7] presence of us who at his request
and in his presence have subscribed
our names as witnesses thereto.
George W. Russell
Thomas H. Russell
Alexander Millikin State of Missouri
County of Polk Be it remembered
that on this the 24 day of December
AD 1868, an Instrument of writing
Proporting to be the last Will of
Clayton Divin Deceased was exhibited
to the undersigned J.B. Burros
clerk of the County Court [beler/E]
to be proven and the Same was
rejected for want of proof.
J B Burros Clk | 