Will of Ezra Nuckolls, dated 15 December 1855, Atchison County,
Missouri.
This typed copy of handwritten original.
Will of Ezra Nuckolls
I Ezra Nuckolls of the County of Atchison and State of Missouri being in
usual health and of sound and disposing mind and memory; but taking into
consideration the uncertainty of human life and the instability of all earthly
matters and things, do make constitute and ordain this my Last Will and Testament
in manner and form as follows, to wit It is my Will and desire and
I direct the same according that in case of my Death my whole Estate shall
be placed in th3e hands of Richard Rupe & my son Stephen F. Nuckolls
whom I constitute and appoint Sole Executors of this my Last Will and Testament
to be disposed of as hereinafter as directed; and if it should be th3e case
that neither Richard Rupe or my Son Stephen F. Nuckolls could not nor does
not act as my Executors, then, and in that event other person or persons
Shall be appointed by the Court to act on the Recommendation of either my
Son Stephen F. ;Nuckolls or my wife Lucinda Nuckolls; It is my Will and desire
that the Lands 740 Acres that I own in Virginia be Sold by my Executor or
Executors as soon as they may think best and the proceeds applied when sold
towards the payment of a Debt that I owe Griggs Hampton of Virginia: My Executor
or Executors may sell, provided my Son S. F. Nuckolls should think best to
do so 30, or 40 or 50 Acres of my Lands adjoining of the Village of Rockport
either in Lots or otherwise as my son S. F. Nuckolls may think best all of
the aforesaid lands may be sold on sutch credit as my son S. F. Nuckolls
may think best. It is also my Will and desire that all of my just ???
Debts be paid, and that my wife Lucinda Nuckolls shall have one third of
my whole Estate during her natural life û It is also my Will and desire
that all of my Children except my son Heath Nuckolls shall receive equal
portions of my Estate, after making a deduction for that amount which have
heretofore been advanced to a portion of them and also a deduction for that
which I may hereafter advance to them before my Death; And account of which
will be found in a Book Marked letter A. It is also my Will and desire,
that the portion which may be due from my Estate after my Death to my daughter
Polly D. Schooler shall be paid to her in full from my Land or in Lands,
and those lands shall remain and be hers during her natural life and after
her Death they are to descend to her Children and be equally divided between
her Children - - It is also my Will and desire that my daughters Sena &
Elizabeth & my son Emit each get out of my lands ful à three fourths
of the amount; that may be due to them; It is also my Will and desire
that the amount which may be due from my Estate at my Death to my son Houston
Nuckolls that it shall be placed in the hands of my son Stephen F. Nuckolls
and managed by him in the way that he may think the most adviseable, until
Houston Nuckolls Arrives to the age of 22 years old, and when he arrives
to the age of 22 years old, If Stephen F. Nuckolls considers him Houston
to be a young man of good habits & morals & not addicted to gambling
nor drinking Spiritous liquors then he may & shall surrender the Estate
up to him, otherwise he may invest it for the benefit of Houston Children
if he has any as otherwise it is to be divided between all my heirs Heath
Nuckolls & Houston Nuckolls excepted. It is my will and desire
that five Dollars more be paid to my son Heath Nuckolls and no more. It
is my will and desire that in the division of my Slaves that they shall not
be distributed, sold, or hired out to any other person except some of my
heirs, unless sutch Slaves as may be of bad character û It is
my will and desire that my Executor or Executors make Deed or Deeds to those
lands that I have desirà to be sold. It is my will and desire
that Wrice D. Schooler should have two tracts of land In Virginia unless
I convey the same back to him before my death which à..now belongs
to him he having conveyed one of them to me by deed & the other he entered
in my name, He done so in order that I might make Sale of the land for his
his (sic) benefit; one tract lyes on Chesà Creek in Grayson County,
Virginia & Contains 340 Acres and the other on Crooked Creek in Carroll
County, Virginia contains 250 Acres and it was entered by Sd Schooler in
my name. I hereby Revoke and annul all former Wills by me à.
Mae, and hereby publish this and declare this writing as and for my only
true and Last Will and Testament - - In testamoney whereof, I have
to this my Last Will and Testament set my hand and offered my Seal. This
the fifteenth day of December One thousand eight hundred and fifty five.
The 15th day of December In the year 1855
Signed, Sealed, published and Ezra Nuckolls \Declared, by the
testator Ezra Nuckolls (Seal)
In and for his Last Will and Testament In the presence signed our names as
Witnesses thereto
I. N. White
Samuel Scamman
Wm C. Sipple
State of Missouri ) In vacation of the county court County of Atchison ) SS Be it remembered that on this 5th day of May A.D. one thousand eight hundred and fifty Seven personally appeared before me Janus M. Templeton Clerk of the County court within and for the County of Atchison aforesaid Isaac N. White and Samuel Scammon the Subscribing witness to the within and foregoing Will of Ezra Nuckolls and being by me first duly Sworn depose and Say that the Said Ezra Nuckolls the testator declared in their presence that he had Subscribed and published the said Will or instrument of writing as his Last will that he 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 attested the said Will as witness thereto by they the said deponents attested the said Will as witness thereto by they the said deponents attested the said Will as witness thereto by subscribing their names to the Same in the presence of said testator. Sworn and subscribed before me I. N. White
Samuel Scamman
In testimony whereof I have hereunto set my hand and affixed the Seal of said Court done at Office in the Town of Rock Port in Said County this 5th day of May A.D. 1857.
Janus M. Templeton
Clerk