Pulaski County Missouri
Book 78, Page 404
Will
Know ye, all men, by these presents, that I, William A. Bates, of Waynesville, Pulaski County, Missouri being in feeble health, but of sound and disposing mind and memory do make and publish this my last will and testament, hereby revoking and annulling all other wills, codicils and testamentary devises by me heretofore made or executed.
First. I direct that all necessary expenses of my funeral, burial and last illness be promptly paid out of any funds belonging to my estate, available for that purpose; and that all other just and lawful debts or obligations against me, if any there should be at the time of my death, be paid; and that my executors use such funds and sums as are necessary to maintain my household to live economically for a reasonable time during the settlement, and the distribution of my estate.
Second. I hereby direct, authorize and empower the persons hereinafter named and appointed as the executors of this will, to sell all my real estate, consisting of my house and lots in Mitchell’s addition to the Town of Waynesville, Missouri, and to execute deed for the same, conveying the fee simple title to said property, as absolutely and as fully as I could myself convey the same. I advise no haste or sacrifice in the sale of said property, and advise that it be sold at private sale, but leave my executors free to exercise their judgment and discretion in carrying out this provision. And in the event of the death, or neglect or refusal of either of the persons named herein as executors, to qualify, or in the event of the removal of either or of any disability in anywise, which would disqualify either from acting as executor, I hereby authorize and empower the survivor to execute and perform all the provisions of this will as fully and completely and with the same force and effect as both may do; and the question of such disqualifications shall be determined by the probate court having jurisdiction of my estate.
Third. In token of my appreciation of the kindness, care and assistance rendered me in my declining years and afflictions, by my daughters Auzuba and Bessie Bates, I give each the sum of Fifty Dollars, to be paid before any distribution of my estate is made.
Fourth. All of my beds and bedding I give and bequeath to my four younger children, Claude, Auzuba, Bessie and Samuel, to be divided among them so as to give each an equal portion as near as may be. The remainder of my household and kitchen furniture, except articles herein after specifically disposed of, I direct be sold by my executors, either at private or public sale, and it is my wish that any of my children may be permitted to have the refusal of any articles of the above class, at a reasonable price, such as will not be an injustice to the others.
Fifth. I hereby give the following keepsakes to each of my beloved children: To my daughter, Cora Tice, my clock and one of the chairs which have been long in the home; To my son Bert G. Bates, my razor and shaving outfit; To my son Fred Bates my initial ring; To my daughter Estella Claiborn, an oil painting and one of the chairs mentioned above; To my son Claude Bates, the match Case and a picture; To my daughter Auzuba, my violin; To my daughter Bessie, an oil painting and a chair; and To my youngest son, Samuel, my watch and fob.
Sixth. All of the rest and residue of my estate, consisting of money, notes and the proceeds of the sale of the property as above directed, I divide equally among my eight children mentioned and named in paragraph five of this instrument, share and share alike; and in the event of the death of either of my children without issue, the share of such child as provided for in this will shall go to the remaining ones in equal portions, or to the children of any who my have died leaving descendants surviving him or her, at the time this will takes effect.
Seventh. I hereby name and appoint my daughter Auzuba Bates guardian of her minor brother Samuel Bates and it is my wish that she be permitted to qualify as such without bond.
Eighth. I hereby name, nominate and appoint my son-in-law Dr. LaVega Tice and my daughter Auzuba Bates, jointly, executors of this my last will and testament, and it is my wish and I so direct that the be permitted to qualify and act as such without bond. And having confidence in the integrity, honesty and ability of my friend and fellow townsman, Geo. M. Reed, I advise and it is my wish that my executors retain him as their counsel and legal advisor in the execution of the provisions of this will.
In testimony whereof, I hereunto set my hand and affix my seal and sign my name as testator in the presence of the witnesses who attest hereof, this twenty-fifth day of May in the year of our Lord one Thousand, Nine Hundred and Fourteen.
William A. Bates (SEAL)
We the undersigned whose names hereunto are subscribed as attesting witnesses, declare that William A. Bates subscribed his name to the foregoing instrument of writing consisting of pages one, two and three, of type written matter, in our presence, and that at the time of signing the same, he declared said instrument of writing to be his last will and testament. That we subscribe our names hereunto as attesting witness to said signature, at the request of the said William A. Bates, and in the presence of said William A. Bates and in the presence of each other.
Witness our hands this 25th day of May, AD 1914.
Albert W. Burchard
Harry Mitchell
Proof of Will.
State of Missouri) In the probate court.
County of Pulaski) Be it remembered, That on this the 22nd day of October AD 1915, before me, W.L. Vaught Judge of the probate court, held in and for the County and State aforesaid, personally appeared subscribing witnesses to the annexed will of William A. Bates deceased, and being by me first duly sworn, dispose and say that the said William A. Bates, the testator, subscribed the same in their presence, and published and declared said will or instrument of writing to be his last will and testament, and that at the time of signing the same he the said testator was of sound and disposing mind, and more than twenty-one years of age, and that said deponents attest said will as witnesses thereto, by subscribing their names to the same in the presence of the testator, and of each other, and at the request of the said testator.
Albert W. Burchard
Harry Mitchell
Sworn to and subscribed before me this 22, day of October A.D. 1915.
W. L. Vaught
(SEAL) Judge of Probate
State of Missouri) In the Probate Court.
County of Pulaski) I, W. L. Vaught, Judge of the probate court of Pulaski County, State of Missouri, having examined the foregoing instrument, purporting to be the last will of William A. Bates deceased and signed by Albert W. Burchard and Harry Mitchell and having heard the testimony of Albert W. Burchard and Harry Mitchell, subscribing witnesses thereto, in relation to the execution of the same, do declare and adjudged said instrument to be the last will and testament of the said William A. Bates deceased, late of Pulaski County, Missouri, and the same is hereby admitted to probate.
In testimony whereof, I have hereunto set my hand and affixed the seal of said court, at office in Waynesville, this 22 day of October 1915.
W. L. Vaught
(SEAL) Judge of Probate
State of Missouri)
County of Pulaski) I, W. L. Vaught, judge and ex-officio clerk of the Probate Court of the County and State aforesaid, do hereby certify that the above and foregoing is a true and complete copy of the last will and testament of William A. Bates, deceased, of the proof of the same and the certificate admitting the said will to probate, as the same appears on file of record in my office.
In testimony whereof, I have hereunto set my hand and affixed the seal of said court. Done at my office in Waynesville in said county, this the 23rd day of October 1915.
W. L. Vaught
Judge and Ex-officio clerk of probate.
Filed for record this 26th day of Oct. 1915 at 10a.m.
Frank Maries
Recorder