Monday, June 11, 2012

Amanuensis Monday: The Will of David B. Owen, Sr.



Last Will and Testament of David Brashears Owen


David Brashears Owen was born in Ohio on 16 Feb 1836 to James and Nancy Ann (Brashears) Owen. He was my paternal great, great grandfather. David married Sarah Samantha Miller, daughter of Benjamin B. and Elizabeth (Smith) Miller, on 31 Dec 1858 in Fayette Co., Illinois and died there on 5 Oct 1919, over nine years after his will was written. His deceased daughter, Mary Ellen Lucretia Townsend, as mentioned here in his will, was my great grandmother. Mary Ellen's daughter, Iva Illinois Townsend, also mentioned, was my grandmother.


The Last Will and Testament of David B. Owen of the Township of Sefton in the County of Fayette and State of Illinois made and published the 30th day of March in the year of our Lord One Thousand Nine Hundred Ten

In The Name of God Amen
I David B Owen of the Township of Sefton in the County of Fayette and State of Illinois of the age of Seventy Four years and being of Sound mind and memory, do hereby make publish and declare this my Last Will and Testament in manner following that is to Say:
First ÷ It is my will that my funeral Expenses and my just debts be fully paid:
Second ÷ I give and bequeath to my beloved wife Sarah S Owen all my Estate both Real and personal So long as She lives and remains my widow. That upon her Death or remarriage all remainder of Personal property and all Real Estate I give bequeath and Devise to My Dear children as follows:
To - George W Owen  One Seventh part Thereof
To - Benj M Owen  One Seventh part Thereof
Subject to advancements To each of Five Hundred ($500.ᴼᴼ) Dollars in lands Conveyed to them Severally hereinafter more particularly set forth.
To - Roxanie Durbin  One Seventh part Thereof
To - James Owen  One Seventh part Thereof
To - David B. Owen Jr  One Seventh part Thereof
To - Sarah Dellas Simpkins  One Seventh part Thereof
and to my Dear Grand children, children of my deceased Daughter Mary E L Townsend as follows
To - Gladys S Townsend  One Thirtyfifth part Thereof
To - Floyd Townsend  One Thirtyfifth part Thereof
To - Mary E Townsend  One Thirtyfifth part Thereof
To   Iva Illinois Townsend  One Thirtyfifth part Thereof
To   Andrew Nelson Townsend  One Thirtyfifth part Thereof
The Specific charge of Five Hundred Dollars is here made against the interest of George W Owen in such of my Estate left by me on account of the following deemed and given to him by way of advancement To wit:
S 1/2 of the SW 1/4 of the NW 1/4 of Section 24 Town 7-N-A-2 - East of the 3rd PM in Fayette County, Illinois.
and the Specific charge of Five Hundred Dollars is here made against the interest of Benj M Owen in such of my Estate left by me on account of the following described land given to him by way of advancement to wit:
W 1/2 of the NW 1/4 of the NW 1/4 of Section 8 Town 7-N-R-3 East 3rd PM and the S 1/2 of the S 1/2 of the SE 1/4 of the NW 1/4 of Section 24 Town 7-N-R-2 East 3rd PM all in Fayette County, Illinois.
That upon a Division and final Settlement of my Estate as above provided, the Sums of Five Hundred Dollars shall be deducted from the Share each of George W Owen and Benj M Owen as herein charged against them and the Same distributed in Equal parts to Roxainie Durbin, James Owen, David B Owen Jr. and Sarah Dellas Simpkins. Each One Fifth (1/5) part Thereof and to Gladys S Townsend, Floyd Townsend, Mary E Townsend, Iva Illinois Townsend and Andrew Nelson Townsend My Grand children herein named Each one Twentyfifth (1/25) part Thereof:
Third, I hereby authorize direct and Empower my Executor hereinafter named upon the death or remarriage of my Said Wife or with her Written Consent before her Death or remarriage to Sell and Convey such of my Estate either Real or personal, part or all, without the order or Direction or Decree of any Court, having in View at all times the personal welfare of my Said Wife and making Such provisions for her care and comfort as She may need or require;: and upon such Sale being made to divide and Distribute the same to the Several parties named herein, or to their heirs:
It is Expressly provided That my Estate Shall be divided and settled up within a year after the Death or remarriage of my Said Wife:
Lastly, I hereby nominate and appoint James Owen to be the Executor of this my Last Will and Testament hereby revoking all former wills by me made:
In Witness Whereof I have hereunto set my hand and Seal the 30th day of March in the year of Our Lord One Thousand Nine Hundred Ten (1910)
David B Owen (seal)

The above Instrument consisting of Two Sheets was now here Subscribed by David B Owen the Testator in the presence of each of us and was at the same time declared by him to be his Last Will and Testament and we at his request sign our names hereto in his presence as attesting Witnesses:
                    J C Burtschi of Vandalia, Ill.
                   F I Henry of Vandalia, Ill.




Amanuensis: A person employed to write what another dictates or to copy what has been written by another.

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