Frizzell | Madison Co, MO: Will of Thomas Frizzell, Sr.

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In the name of God, Amen, I Thomas Frizell, of the County of Madison and State of  Missouri , being mindful of my mortality, do this 10th day of June, in the year our Lord one thousand eight hundred and thirty nine, make and publish this my last will and testament in the manner and form following:
First it is my will that my funeral expenses and all my just debts be fully paid, also that my wife Mary Ann Frizell have one third part of my estate according to the laws of the land to be given to her out of those things belonging to the estate which may be the more adaptive to her wants if it can be so done without interfering with the provisions for others hereinafter expressed. Also to my son Salathel Frizell, I give and bequeath the plantation on which I at this time reside, with all the tenements and fixtures thereunto attached in fee simple, situated in (and being in said County o f Madison and State of  Missouri , it being the north half of the northwest quarter of section 9 of Township no. 33 north of range no. six east containing eighty acres purchased by me of the U.S.A. at the land office at Jackson, as can be seen by reference as to certificate no. 6482 bearing date December 3, 1838. Also to my son Salathal Frizell, I give and bequeath the sum of two hundred dollars in cash to be paid to the said Salathal with whatever interest may have accrued thereon, when the said Salathal shall have arrived at the age of 21 years which money I desire to be placed in good hands with unequivocal security at an honest rate of interest by my Executor as soon after my decease as may be practicable provided if should God terminate my natural life before the said Salathel arrives at the said age of 21 years, otherwise to be paid to the said Salathel as soon after my decease as can be done without sacrifice. It is also my will that the residue of my property be sold and the proceeds thereof (except seven dollars to be appropriated) as shall be hereinafter expressed to be delivered as follows: To my son Needham Frizell 1/3 part, also to my son Salathel 1/3 part and also to my son in law Uriah Johnson and _ara his wife 1/3 part of said proceeds. To my son in law Thomas Nana More and Maria /Marisa, his wife, I will and bequeath the sum of one dollar, also my son inlaw John Clubb and Marella, his wife I will and bequeath the sum of one dollar to be paid by my executor to the son in law at the first convenient season. To my son in-law Benjamin Cato and Louise his wife, I will and bequeath the sum of one dollar. Also to my Jason Frizell I will and bequeath the sum of one dollar. Also to my son Thomas Frizell, Jr., I will and bequeath the sum of one dollar. Also to my daughter Jemima Frizell, I will and bequeath the sum of one dollar to be paid to the last five named parties in person only. Upon their application when my executor is ready to make his final settlement and deliver his testamentary document to the proper authorities and which said five dollars my Executor shall deliver in his own hands until such personal application be made and lastly I hereby consider and appoint my friend__ to be the Executor of this my last will and testament and satisfying and confirming this and no other to be my last will and testament.

In testimony whereof I have hereunto set my hand and seal this 10th day of June, 1839

(seal) Thomas Frizell

Signed published and declared by the above named Thomas Frizell as and for his last will and testament in presence of us, who at his request have signed as witnesses to the same.

Fred T Overfield
Jerimiah Spencer
Napolean B. Allen
State of  Missouri  )
)
Madison County )

Be it remembered that on this 8th day of February in year of our Lord Eighteen Hundred and Forty-five, personally appeared in open court before Mr. Edward Evans, clerk of the county court of Madison County, Frederick Overfield and Napolean B. Allen, who being duly sworn, deposeth and saith that they are being witnesses to the foregoing will and testament of Thomas Frizell, deceased, that the said testimony was of sound and disposing mind at the time of the execution thereof, and the said affiants and who signed their names as witnesses to the foregoing will and testament in the presence and at the request of the testator and in the presence of each other.

In testimony whereof I have hereinto subscribed my name and affixed the seal of said court at office of Frederick Town this 8th day of February A.D. (1845)

8 Feb. 1845 Edward Evans, Clerk

Filed and recorded Feb. 26th A.D. 1845 Edward Evans, Clerk

26       Codicil

Last Will and Testament of Thomas Frizell, deceased
3 Sept. 1842

In the name of God, Amen, I Thomas Frizell of the County of Madison and State of  Missouri , being mindful of my mortality do this 3rd day of Sept. in the year of our Lord, one thousand eight hundred and forty two, make and publish this my last will and testament in the manner and form following: First it is my will that my personal expenses and all my just debts be fully paid, also that my wife Mary Ann Frizell have one third part of my estate according to the law of the land to be given to her out of those things belonging to my estate which may be more applicable to her wants, if it can be done without interfering with the provisions for others hereinafter exspressed. Also to my son Salathel Frizell, I give and bequeath the plantation on which I at this time reside with all the tenements and and fixtures thereinto attached; in fee simple, situate, lying and being in said half of the northwest quarter of section no. 9 of Township no. 33 north of Range no. 6 east, containing 80 acres purchased by me of the United States at the land office at Jackson as can be seen by reference to certificate no. 6482 bearing dte Dec. 3, 1838. Also to my son Salathel Frizell, I give and bequeath the sum of one hundred dollars in cash to be paid to the said Salathel with whatever interest may have accrued thereon when the said Salathel shall have arrived at the age of 21 years, which money I desire to be placed in good hands with unequivocal security at an honest rate of interest and by my Executor, as soon after my decease as may be practicable, provided it shall please God to terminate my natural life before the said Salathel arrives at the said age of 21 years, otherwise to be paid to the said Salathel as soon after my decease as can be done without sacrifice. It is also my will that the remainder of my propery tis to be sold, and the proceeds thereof (except nine dollars to be applied as shall hereinafter be expressed) to be equally divided between my son Salathel Frizell, John J Frizell, and Jefferson Frizell, and any and every other son or daughter which may be born unto me hereafter. To my son Needham Frizell I will and bequeath the sum of one dollar, also to my son in-law Uriah Johnson and Clara his wife I will and bequeath the sum of one dollar. Also to my son in-law, Thomas Nana Moore and Marina ? his wife, I will and bequeath the sum of one dollar also to my son in-law John Clubb and Marella his wife, I will and bequeath the sum of one dollar, to be paid to the said parties by my executor at the first convenient season. To my son in-law Benjamin Cato and Loues his wife, I will and bequeath the sum of one dollar; Also to my son Jason Frizell I will and bequeath the sum of one dollar; Also to my son Thomas Frizell, I will and bequeath the sum of one dollar; Also to my daughter Jemmima Frizell, I will and bequeath the sum of one dollar; Also to my daughter Nancy Frizell I will and bequeath the sum of one dollar to be paid to the last five named parties in person only upon their application, when my executor is ready to make his final settlement, and deliver his testamentary documents to the proper authorities and which said five dollars my executor shall reserve in his own hands until such personal application be made. And lastly I hereby constitute and appoint my friend __to be the executor of this my last will and testament and satisfying and confirming this and no other to be my last will and testament.

Thomas Frizell

Teste
Fred T. Overfield
A.J. Lacy
Samuel Brittan
I.E. Post

State of  Missouri  )
)
Madison County )

So be it remembered that on this 1st day of May in the year of our Lord, Eighteen Hundred and Forty Eight personally appeared in open court before Mr. Edward Evans, clerk of the County Court of Madison County, clerk of the County, Court of Madison County, Frederick T. Overfield and Samuel Brittan who being duly sworn, deposeth and saith that they are subscribing witnesses to the foregoing last will and testament of Thomas Frizell, deceased. That the said testator was of sound and disposing mind at the time of the Execution thereof and that they the said affiants subscribed their names thereto as subscribing witnesses in the presence and at the request of the said Testator and in the presence of each other.

In Testimony whereof I have hereunto subscribed my name and affixed the seal of said court at office in Frederick Town this 1st day of May A.D. 1848

Edward Evans, clerk

Filed and recorded May 2nd A.D. 1848

Test Edward Evans, clerk

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