State of Missouri
County of Greene
I, David Appleby of the County and State aforesaid do make and ordain this to be my last will and testament revoking all others.
It is my will and desire that all my just debts be puctually paid, and also my funeral and physicians expenses.
1st. I give and bequeath to my daughter Margaret Araminta Appleby all my household and kitchen furniture two chois cows six sheep all the grain forage and provisions of every kind that may be on hand and all the money which I may be possessed of at the time of my death and the bay mare and the sorrel colt and one half of the stock hogs and I further give and bequeath to the said Margaret A. Appleby forty (40) acres of land
begining at the North corner of the South east quarter of section 33township 30 range 21 thence runing south so as to include the dwelling house spring and apple orchard thence east for complement with all the appurtenances thereunto belonging to her and her heirs.
2nd. I give to my grand daughter Mary Dryden Appleby out of my estate one horse worth fifty dollars and one cow and her support while she remains in the family.
3rd. I give and bequeath to my grandson Albert B. Appleby one acres of land so as to include the spring and watering place where his mother and family get their water and to secure the right of way to and from their dwelling house. I reserve one forth of one acre of land including my wifes and daughters graves never to be sold or transferred for a family burying ground. All my other property not named above to be sold or divided as the parties interested may agree upon and proceeds to be equally divided among my living children except my son John Q. Appleby the portion which would fall to him as one of my heirs to be paid to his wife M. Jane Appleby and her five children and the portion that would have fallen to my deceased daughter Ann Amanda Gregory if she was alive to be paid to her three daughters (viz) Sarah M. Susan E. and Margaret E. Gregory real and personal.
I hereby appoint my son James N. Appleby as my sole executor to carry out the provisions of
this my last will and testament.
In testimony whereof I have set my hand and affixed my seal this 9th day of August 1867.
Seal in the presence of M. A. Bedell and Isaac M. Hall.
State of Missouri County of Greene
Be it remembered that on this fourth day of November A.D. 1867 personally appeared before
me the under signed J. M. Rountree, Clerk of the Probate and Common Pleas Court in and
for the County and State aforesaid, M. O. Bedell and Isaac M. Hall the subscribing
witnesses to the annexed will of David Appleby and being by me first duly sworn depose and
say that the said David Appleby the testator subscribed the same in their presence and
published the said will or instrument of writing as his last will that the said testator was at the
time of publishing his said will of sound mind and more than twenty one years of age and that
they the said deponents attest the said will as witnesses thereto by subscribing their names to
the same in the presence of the said testator.
In witness where of I, J. M. Roundtree Clerk of the Probate and Common
Pleas Court in and for the County of Greene and State of Missouri have
whereunto subscribed my name and affixed the seal of said Court at office
this 4th day of November A.D. 1867
J. M. Rountree, Clerk by L. M. Rountree, D. C.
M. O. Bedell
Isaac M. Hall
We, James N. Appleby and Wm. A. Appleby and T. L. McCurdy as
securities are held and firmly bound to the State of Missouri in the sum of
three thousand dollars for the payment of which we bind ourselves our
heirs executors and administrators.
The condition of the above bond is that if James N. Appleby executor of
the last will of David Appleby deceased shall faithfully execute the said will
account for pay and deliver all money and property of said estate and
perform all other things touching such executorship required of him by law
or the order or decree of any court having jurisdiction then the above bond
to be void otherwise to remain in full force.
In testimony whereof we have hereunto subscribed our names and affixed
our seals this 8th day of November 1867.
James N. Appleby seal
William A. Appleby seal
T. S. McCurdy seal
Approved this 7th day of November 1867.
J. M. Rountree, Clerk
by L. M. Rountree, D.C.
This Will copied as written, by Dorothy Appleby Turner in June 1983
from the document on file at the Courthouse, Springfield, Greene County, Missouri.
page date: 18 July 2001
revised: 08 February 2006