Will of Samuel Morton

I, Samuel Morton, of Marion County, State of Missouri, do make this my last Will and Testament, hereby revoking all others made by me. 1st. My wife, Susan Morton, is to have out of my estate a reasonable support to live on by selling some of my estate or keeping of such personal property, as she may actually need in her lifetime.

2nd. I will and devise to my four grandchildren, Susan F. Perryn, Achilles Perryn, Morton Perryn, and Julia Jane Perryn, one mulatto woman named Mary and her five children now in my possession, with their increase hereafter to them and their heirs forever. And further devise and will to said Perryn’s, one lot of ground lying in the City of Owensboro, Daviess County, State of Kentucky, assignated on the plot of said City as Lot numbered four (4), bounded on the North by River Street one hundred and thirty two feet (132), on the East by Fredrico Street about one hundred and five feet (105), and further all the land that I now own in Marion County, in the State of Missouri, in Section Number thirty four (34), Township fifty eight (58), Range Number seven (7) West, containing about 320 or 30 acres. Also Lot Number two (2), Block Number forty three (43) in the city of Palmyra. To have and to hold, to them and their heirs forever.

I further will to Afulvia Ross three notes I now hold on her husband Thomas P. Ross amounting in all principal and interest to about four thousand dollars. To Afulvia Ross and her children. And further will and bequeth to said Afulvia Ross and to her children all of Block sixty three in Dickerson’s addition to the City of Palmyra, and one lot of ground in Block sixty seven in said City of Palmyra bounded forty four feet front on the east side of Main Street running back that with east one hundred and twenty seven feet. I further will to said Afulvia Ross, and her children, four notes I now hold on Morris Gibbons amounting in all principal and interest to over ten thousand dollars. Now, to secure this debt, it maybe necessary to sell the land for which these four notes were given, viz: SE up Sect. 27, Township 58, Range 7 West, Marion County- and if the land is bought to secure the said debt, the land is to go to her and her children. I also will to said Afulvia Ross one mulatto woman named Mary Ann and her two children, Martha and Eugen, and their increase now in the hands of my sister, Mary Calhoun, McLaine County, Kentucky, who has said negroes her lifetime only. Not wishing to remove the said Negroes contrary to their wish from Kentucky, they can be sold, their money loaned at interest for Afulvia Ross and her children. The land in Marion County if got possession of, and her and her children do not choose to live on it, is to be sold at the most favorable time and the lots aforesaid and the money loaned in good hands secured for benefit of said Afulvia Ross and her children. I also bequeath to said Afulvia Ross and her children two Negro girls, Eliza and Julia, at the death of my wife, Susan, or sooner if she (Susan) is willing to do so; also one piano and stool.

I further will and bequeath to Agatha Devoricks one lot of ground in the City of Palmyra, 66 feet front on Main Street, at the Northwest corner of Block sixty seven, running back east same width, one hundred and twenty seven feet on Church Street. I further will that if after the support of my wife, Susan Morton her lifetime, there should be anything left of my estate, to be divided between the four children of Perryn before mentioned, Agatha Devoricks, and Afulvia Ross and her children.

My debts (if any) I want paid off as quick as possible, not waiting for course of law. I nominate and appoint John A. Devoricks my Executor and Administrator to carry out in full this, my last will, and I request the Court before whom this, my will, may be presented for probate to assume of him no security as executor.

In testimony whereof I have hereunto set my hand and seal this 2nd day of June in the year of our Lord eighteen hundred and sixty three.

Witnesses Samuel morton

John C. Walker

S. Shephard

H.E. Smith

W.H. Walker

Thomas V. Winfree

I, Samuel Morton, do further add to my will dated 2nd day of June last, the following- I do further will and bequeath to Agatha Devoricks one lot of ground lying in the City of Palmyra in Block sixty seven (67), sixty nine (69) feet fronting Church Street extending that width one hundred and thirty two (132) feet south up to the property of John A. Devoricks. Also, I will to her one three year old past roan mare to have and to hold to her and her heirs forever.

I now nominate John A. Devoricks special trustee to carry out in full the spirit of this, my will, relating to Afulvia Ross and her children. And I request the County Court that if John A. Devoricks fails in any way to act as trustee for the same, to appoint Alexander Rush in his stead, if he will be so disposed to act. And I further protest against Thomas P. Ross of any of his relations being made trustee for his wife, Afulvia Ross, and her children.

Witness Samuel Morton

John C.
Walker

John A. Devricks

State of Missouri, County of Marion. Be it remembered that on this 11th day of January, 1864, before me, Thomas E. Hatcher, Clerk of the County Court within and for said County, personally came John C. Walker and William H. Walker, subscribing witnesses to the within and foregoing instrument of writing purporting to be the last will and testament of Samuel Morton, deceased, who being by me duly sworn, depose and say that they heard the deceased acknowledge the said instrument of writing as and for his last will and testament that at the time of so doing he was of sound and disposing mind, and memory, and fully capable of making a will as they believe; that they signed their names as witnesses thereto in his presence and at his request.

Subscribed and sworn to before me

W. H. Walker

John C. Walker

The day and year aforesaid

Thomas E. Hatcher, Clerk

By Thomas V. Winfree

State of Missouri, County of Marion. Be it remembered that on this 11th day of January, AD 1864, before me, Thomas E. Hatcher Clerk of the County Court within and for said County, personally came John C. Walker and John A. Devericks, subscribing witnesses to the foregoing instrument of writing purporting to be a codicil to the last will and testament of Samuel Morton, deceased, who being by me duly sworn, depose and say that they heard the deceased acknowledge the said instrument of writing as and for a codicil to his last will and testament, that at the time of so doing he was of sound and disposing mind and memory, and fully capable of making a will as they believe, that they signed their names as witnesses thereto in his presence and at his request.

Subscribed and sworn to before me

The day and year aforesaid John C. Walker

Thomas E. Hatcher, Clerk John A. Devericks

By Thomas V. Winfree

State of Missouri, County of Marion. In County Court Clerk’s Office, January 11th, Ad 1864. I, Thomas E. Hatcher, Clerk of the County court within and for said County, do hereby certify that upon the above and foregoing certificates of proof, I accept the above and foregoing instrument of writing as and for the last will and testament of Samuel Morton, deceased, and admitted the same to probate as such.

In testimony whereof, I hereunto set my hand, and affix the seal of said Court, at office in Palmyra, the day and year aforesaid.

Thomas E. Hatcher, Clerk

By Thomas V. Winfree