1819-1889

His Will

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.