In the name of God Amen

I Thomas Gaines of the county Monroe and state of Missouri knowing the uncertainty of Life and the certainty of death do make and publish this my last will and testament as follows to wit.

First I resign my soul to Almighty God who gave it. And desire that my funeral be conducted in a manner suitable to my condition in life.

Second, I desire all my just debts to be paid if any should remain at the time of my decease.

Third, I give and bequeath unto my beloved wife Nancy for and during her widowhood and life that she should no marry the following Real and personal property to wit. The tract of land and farm on which we at present live in said county, except as is herein after provided. One negro girl, Let. One old Negro woman Sharlot and her male child Nat. Three head of work horses, one yoke of oxen, four milch cows, twenty head of choice sheep, forty head of hogs to be selected by her from the stock that I may have. My wagon, my farming utensals and household and kitchen furniture, and all the money and Bonds, notes or other evidences of debts or securities of or money that I have leave after the payment of such debts as I may leave out of the same all of which property is to be possessed and used by her, for her support and the support of her children by me, (and to educate them) until they become of age or marry off.

Fourth, It is my desire that should my said wife Nancy marry, and be willing to and still continue to support and educate our said children as aforesaid of use of changes on the list of my estate, except what is used by charges for that purpose, she shall still have the property aforesaid given to her till our youngest child becomes of age or marrys at which time the old negro woman Sharlot or at the death of my said wife whichever may happen first is to have her freedom and said son Nat is theirs to be sold by my Executors in the same way of my heirs property, and should she marry and support and educate our said children as is in this clause mentioned she is to have the Gist of the property so left with her thereafter during her natural life.

Fifth, It is my desire, that at the marriage of my said wife and her refusal or neglect thereof to so support and educate our said children she may during her natural life have all the property heretofore given her except the boy Nat who is to be sold as aforesaid, the one half of the household and kitchen furniture remaining , and she is to have in this contingency only forty acres of the farm to be laid off south of buildings.

Sixth, At the death of my said wife it is my desire that the personal property heretofore left to her to be sold by my executor and the proceeds applied in the same way of the proceeds of the rest of my property and should my said wife Nancy to refuse to support the children as aforesaid the property heretofore left with her and which she is not to keep after that event happens is to them be sold and the proceeds applied to aforesaid.

Seventh, having heretofore made liberal advancements to John J. Gaines, Emily Daly, Cordelia Alexander, William J. Gaines, Nelly Pearce, Elizabeth Sunders, Francis Saunders, my eldest children, I hereby give, divide and bequeath to each of the the sum of one dollar except to the said Elizabeth and Francis Saunders to whom on the surviving husbands I give nothing, the sum of one dollar to be paid to each of whom the same is hereby given within twelve months after my decease.

Eight, I give and bequeath unto my son Edward L., 50 acres of land off the north end of the west half of East gr of sections 34 and 35 R 12 in said county. Also a good riding horse, saddle and bridle, a milch cow and one feather bed and furniture for same to be furnished by my executors.

Ninth, I give and bequeath unto my daughter Mary Jane, sixty acres of land, being the south east gr of the south west gr of section 28 and 20 acres off the west of the south east gr gr of section 288 adjoining thereat and running the same length all in township 55 R 12 in said county and one horse, saddle and bridle, spinning wheel, one milch cow and one feather bed, furniture therefore to be furnished by my executors.

Tenth, I give and bequeath unto my daughter Sarah Mildred 60 acres of land off of the north end of the East half of the west gr of sections 34 and 35 R 12 in said county and one horse, saddle and bridle, spinning wheel , milch cow and one feather bed and furniture for same to be furnished by my executors.

Eleventh, I give and bequeath unto my son Thomas Harrison 50 acres of land off of the north end of the eat half of the southwest gr of section 27 and 55 R 12 in said county and one horse, saddle, bridle, milch cow and feather bed and furniture for the same to be provided by my executors.

Twelfth, I give and bequeath unto my daughter Narcissy, 60 acres of land off of the north end of the west half of the south west gr of section 27 and 55 R 12 in said county and one horse, saddle, bridle, milch cow, spinning wheel , feather bed, furniture for the same to be provided by my executors.

Thirteenth, I give and bequeath unto my three youngest sons George W., Richard, and Henry Clay, one hundred and fifty acres of the tract of land and farm on which I now live, lying immediately around and including the dwelling and other houses, and to each of said children one horse, saddle, bridle, milch cow, feather bed and furniture thereof to be provided by my executors.

Fourteenth, It is my will that in a convenient time after my death my executors sell at public sale on such credit as they may think expedient the small tract of land joining George Ashford and Nathaniel Bullock containing about fifty eight acres and lying in said county, my negro boy Squire, and all my personal property of every kind and description which is not specially discussed of in this will, and after filling the objects contemplated, herein loan out the remainder of the moneys amassing therefrom from time to time under directions of the probate court until my youngest child shall become of age, applying the interest amassing therefrom or a sufficiency thereof to use in the supporting of my widow and infant children and issueing the same, and if the interest should not be sufficient for that purpose taken with the means. I have put in the hand of my wife to effect that purpose and the said court is authorized to make such appropriations of the principal as shall be necessary, and after my said youngest child shall become of age it is my will that the remainder of said monies together with all the rest of my estate of every kind not herein specifically discussed of be equally divided among all my children and the descendants of those that may be dead, such descendants taking the parts of their deceased parents.

Fifteenth, If after my youngest child becomes of age he should take properties of his tract of land which he is authorized to do, and which is the same given before given to my wife and my said wife, remaining my widow should thereby lack the means of comfortable support, the probate court shall have power to make such appropriations out of my not specifically discussed estate for her support, as they may think proper.

Sixteenth, It is my desire that my executor permit each of my children as they may think have not timber sufficient on the tracts of land discussed to them to support said tracts to take reasonable quantities thereof off any of my undivided land for that purpose.

Seventeenth, It is my will that the provision made for my wife herein is in lieu of Dowers.

I hereby appoint my beloved wife Nancy executor, and James Porter and John Pendleton executors of this my last will and testament, and revoking all former wills, testaments and codicils by me made.

In testimony whereof I have hereunto set my hand and affixed my seal on the twenty second day of August in the year of our Lord one thousand eight hundred and fourty five.

Thomas Gaines

Attested in the presence of

The Testator by W. J. Howell,

Thomas Crutcher, John M. Parsons

 

Part 3 of Thomas Gaines Will

 

Questions regarding this will should be directed to Merna Bresee

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