Last Will and Testament of
Duke W. Simpson
Copy provided to Rhoda Fone
by Ronda (Querry) Rupp – from Westport Historical Society, Westport, MO
In the County Court of Jackson County, Missouri
Book G. No.1 of Wills, Page 185.
I, Duke W. Simpson, of Jackson County
Missouri, being of sound and disposing mind and memory do ordain and make the
following as my last Will and Testament hereby making the following gifts and bequests,
To-wit;- I wish my body after my decease to be decently but plainly interred
and out of my property I wish all just debts paid.
2nd:- I give and bequeath
unto my wife Amanda M. Simpson, describing Real Estate in Lafayette
County, also personal property, All of the aforesaid property both real and
personal I give and bequeath unto my said wife absolutely with full power to
dispose of the same as to her may seem best. The same being given and
bequeathed to my said wife in lieu of all dower in my estate both real and
personal.
3rd:- After the satisfaction
of the bequests to my said wife as in this will made and the payment of my just
debts as well as all expenses attending the winding up of my estate I will and
direct that all the rest and residue of my estate, both real and personal be
divided equally between my children, To-Wit:- Nathan L Simpson; William T.B.
Simpson; Richard D. Simpson; Nancy L. Simpson and Betsy J. Simpson, each
accounting for what he or she may have recieved out of my estate during my life
and in ascertaining to amount so kept by me in which he or she will be charged
with the amount he or she may have recieved during my life, or to such receipts
as I may leave or both. And the amounts so found against either of my
children shall be conclusive.
All that portion of my estate falling
to my daughter Nancy L. Simpson, and Betsy J. Simpson is willed and bequeathed
to my son Nathan L. Simpson, IN TRUST for the use and benefit of my said daughters
to be free from debts of the husbands of my said daughters or either of them.
The said Trustee is fully authorized to
use the said Trust property in any laudable way that will best promote the
Interest of my said daughters or either of them. If said Trustee shall
become satisfied that the husbands of my said daughters or either of them shall
be prudent, cautious and judicious in the management of pecuniary affairs he
may turn the interest of said daughter over to her husband absolutely.
And in case of death of my said son, Nathan L. Simpson without fulfillment
said Trust then such person as may be appointed by the Jackson Circuit
Court as Trustee of my said daughters shall possess all power and be vested
with all the discretion that my said son Nathan L. Simpson is vested by this
bequest.
4th:- I appoint my son
Nathan L. Simpson and my friend Joel Lipscomb Executors of this my last will
and Testament hereby revoking all other wills made by me.
Attest: Under Hand and Seal February 1st.
1853
/s/ Duke W. Simpson (SEAL)
Signed, sealed and acknowledged by the
Testator to be his last Will and Testament in our presence and by us signed as
witnesses in the presence of the Testator and in the presence of each other and
at the request of the Testator.
James K. Sheley
Robert G. Smart
I, Duke W. Simpson, the foregoing
Testator being of sound and disposing mind and memory do ordain the following
as a codicil thereto VIZ: Giving directions as to closing up business with L.J.
Winchester, his partner in store in Westport and also in the firm of Simpson
& Hunter, and also about disposal of slaves. It is my wish that my
wife, Amanda M. Simpson shall reside in and occupy my house in Westport in which I now reside,
free from rent till my estate be wound up.
I hereby appoint my son Nathan L.
Simpson and my friends Lucilius J. Winchester and James K. Sheley, my Executors
of this my last Will and Testament and codicil thereto hereby revoking all
portions of my will inconsistent with this codicil.
Attest under hand and seal November 3rd
1853.
/s/ Duke W. Simpson (SEAL)
Signed, sealed and acknowledged by the
Testator to be his codicil to his last Will and Testament in our presence and
by us signed as witnesses at his request in his presence and in the presence of
each other.
J.T. Morris
James M. Hunter
Will filed November 14, 1853.
($75,000 bond given).