Last Will and Testament of Amos W. Haynes, 1840-1891
The original of this document is filed in Amos’s estate folder in the Jackson CountyCounty Clerk’s estate file. I have left the original phrasing, spelling, and punctuation as close to the original as possible. – Carolyn Haynes
In the name of God. Amen.
I, Amos W. Haynes, being of sound and disposing mind and memory, but being seriously ill in body - and being desirous of making a disposition of all such property as I may die possessed of, hereby make this my last Will and Testament, revoking and declaring for naught any and all wills which I may have heretofore made.
First; It is my wish that all my just debts and funeral expenses shall first be paid.
Second; After the payment of my said funeral expenses and debts, I desire that my wife Jennie Haynes shall have as her individual and separate property the stock of cattle branded 2H and marked (ears drawn showing identifying notches) and that no portion of said stock of cattle be used for the payment of my said funeral expenses and debts, unless there is not sufficient other property to pay said funeral expenses and debts – It being my intention to include in the above bequest all the horses in said brand as well as the cattle.
Third; It is my wish that all the residue of my property, of all kinds both real and personal, remaining after my debts and funeral expenses are paid, and after said stock of cattle and horses have been set apart to my said wife Jennie Haynes, shall be divided into two equal parts, and that my daughter Mrs. Julia M. Whalen shall have one of said parts, and that my two children Blanch C. Haynes and Richard D. Haynes shall have the other of said parts, share and share alike.
I direct that my son in law M. C. Whalen and my daughter Mrs. Julia M. Whalen shall be, and they are hereby appointed Executor and Executrix of this my last will, and that they shall not be required to give any bond whatsoever for the performance of any trust herein imposed. And that the Courts shall have and entertain no jurisdiction of this matter other than to probate this my will, and to file an inventory and appraisement of the property herein conveyed.
I further direct that the said M. C. Whalen and Julia M. Whalen, shall hold in trust the property herein devised to my children Blanch C and Richard D Haynes, for my said children, until the said Blanch C Haynes shall arrive of age, at which time said property shall be delivered over into the hands of the said Blanch C Haynes.
It is my wish and I here direct, that when my said daughter Blanch C Haynes shall arrive of age, she shall take charge of and hold in trust, for my said son Richard D Haynes, the portion of my estate herein devised to him, and hold the same for him until he shall arrive at the age of Twenty-five years, when she shall deliver his said property to him, and that my said daughter Blanch C Haynes, shall not be required to give any bond whatsoever for the performance of the trust herein imposed.
In witness whereof I hereunto sign my name in the presence of J. D. Mitchell, J. M. Chivers and Adams Webb who sign this in my presence and in the presence of each other, at my request, as subscribing witnesses hereto. This the 7th day of October 1891.
Amos Haynes
Witnesses (signature is very “shakey”)
J. D. Mitchell
Adams Webb
J. M. Chivers
Filed 22 Dec 1891
In the name of God. Amen.
I, Amos W. Haynes, being of sound and disposing mind and memory, but being seriously ill in body - and being desirous of making a disposition of all such property as I may die possessed of, hereby make this my last Will and Testament, revoking and declaring for naught any and all wills which I may have heretofore made.
First; It is my wish that all my just debts and funeral expenses shall first be paid.
Second; After the payment of my said funeral expenses and debts, I desire that my wife Jennie Haynes shall have as her individual and separate property the stock of cattle branded 2H and marked (ears drawn showing identifying notches) and that no portion of said stock of cattle be used for the payment of my said funeral expenses and debts, unless there is not sufficient other property to pay said funeral expenses and debts – It being my intention to include in the above bequest all the horses in said brand as well as the cattle.
Third; It is my wish that all the residue of my property, of all kinds both real and personal, remaining after my debts and funeral expenses are paid, and after said stock of cattle and horses have been set apart to my said wife Jennie Haynes, shall be divided into two equal parts, and that my daughter Mrs. Julia M. Whalen shall have one of said parts, and that my two children Blanch C. Haynes and Richard D. Haynes shall have the other of said parts, share and share alike.
I direct that my son in law M. C. Whalen and my daughter Mrs. Julia M. Whalen shall be, and they are hereby appointed Executor and Executrix of this my last will, and that they shall not be required to give any bond whatsoever for the performance of any trust herein imposed. And that the Courts shall have and entertain no jurisdiction of this matter other than to probate this my will, and to file an inventory and appraisement of the property herein conveyed.
I further direct that the said M. C. Whalen and Julia M. Whalen, shall hold in trust the property herein devised to my children Blanch C and Richard D Haynes, for my said children, until the said Blanch C Haynes shall arrive of age, at which time said property shall be delivered over into the hands of the said Blanch C Haynes.
It is my wish and I here direct, that when my said daughter Blanch C Haynes shall arrive of age, she shall take charge of and hold in trust, for my said son Richard D Haynes, the portion of my estate herein devised to him, and hold the same for him until he shall arrive at the age of Twenty-five years, when she shall deliver his said property to him, and that my said daughter Blanch C Haynes, shall not be required to give any bond whatsoever for the performance of the trust herein imposed.
In witness whereof I hereunto sign my name in the presence of J. D. Mitchell, J. M. Chivers and Adams Webb who sign this in my presence and in the presence of each other, at my request, as subscribing witnesses hereto. This the 7th day of October 1891.
Amos Haynes
Witnesses (signature is very “shakey”)
J. D. Mitchell
Adams Webb
J. M. Chivers
Filed 22 Dec 1891