EZRA NUCKOLLS
 

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

 


Templates in Time