File contributed for use on USGenWeb/MOGenWeb Lincoln County Heritage Page by Laurie Downing Wilcox,  2 February 2001.  Link change or update: 28 Apr 2001

Will of Benjamin F. Ellsberry
Transcribed from Lincoln County, MO Will Book 3, page 366 and provided by Laurie Downing Wilcox, 2001 .

    I Benjamin F. ELLSBERRY of the county of Lincoln in the state of Missouri,
being fully aware of the certainty of death sooner or later do think it
necessary to make ... ... of the property and affects of this worldly
goods do make this my will and testament.

1st At my death I give my soul to Almighty God and my body to my relatives
to be ... interned.

2nd I desire and require my executors of this my will to pay all necessary
Burial expenses and all ... debt that I may be owing.

3rd I will and bequeath to my deceased brother George W. ELLSBERRYs [sic]
children, to wit Alzina E ELLSBERRY, Lydia E. HAMMNACK, Margaret D.
ELLSBERRY, R. Alice ELLSBERRY, Ezekiel A. ELLSBERRY, Emma D. ELLSBERRY and
Mary M. ELLSBERRY to each one of them two hundred dollars, and in the event
of the death of any one or more of there [sic], previous to the receit of this
bequest then said bequest of ... deceased, leaving no children shall be
divided equally to the living children of George W. ELLSBERRY and their
children.

4th I give and bequest to my sister Sarah E. FRAZIER or in case of her
death their [sic] to her children twelve hundred dollars

5th I give and bequest to the children of my deceased sister Nancy Ann
CANNON to John CANNON, Mary CANNON and to Benjamin CANNON, each one humdred
and fifty dollars and five hundred and fifty dollars to be divided equally
to Sarah A. COBB, George W. CANNON, Elizabeth E. .... , Lydia LA RUE, Susan
MOXLEY, William CANNON and Rebecca CANNON or their living children.

6th And all the balance of my estate I give and bequeath to Robert T.
ELLSBERRY, William L. ELLSBERRY The children of Nancy A. CANNON, the
children of George W. ELLSBERRY and Sarah FRAZIER, to be equally divided ...
share each to the ... or their legal representatives.

7th Explanatory. The intension of these bequests are to ... to my Brother
and Sister who are named above or their children and not to other heirs at
... .

8th I have not overlooked nor forgotten the heirs of my deceased sister
Mary E. HAMMNACK to wit Sarah A. TAYLOR, Lydia J. DRYDEN, William W HAMMNACK
& James F. HAMMNACK but leave them not of legacies intentionally.

9th I direct that the home place is not to be sold during the life of my
mother and should she need at any time money, my executor are to supply
her out of my effects and so forth.

10 My executors are to assume control, care and management of all my effects
real estate and personal.

11 And in order to execute this will I appoint William F. WILSON and
Ephraim CANNON my executors who without giving bond or bonds or ...
letters testementary or making ... or making settlements with Judge of
Courts, are directed to have this will ... and recorded and then armed with
a certified copy of this will they are hereby empowered and authorized by me
to sue and be ... , plead and be impleaded , collect debts belonging to the
estate and pay lawful demands against the estate make contracts verbal and
written , sell any and all property belonging to the estate and make ...
deeds to the same and in ... any and every thing that I coull [sic] lawfully do
were I living either by them jointly or by ... are individually appointed by
them as they elect and they are amenable to the heirs of this estate under
the laws of the state of Missouri. Made signed and sealed this 20th day of
May Eighteen hundred and Seventy eight.
Benjamin F. ELLSBERRY

Witnesses
W. S. LUCKETT
C. S. COX L. S.
W. F. W....

File contributed for use on USGenWeb/MOGenWeb Lincoln County Heritage Page by Laurie Downing Wilcox,  2 February 2001.  Link change or update:28 Apr 2001

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