Last Will and Testament of Milton W. Brannock

Record Book of Wills

in the Stoddard County of Stoddard, Missouri

Book D Will 150, 151 & 152

Last Will and Testament

I, Milton W. Brannock, a resident and citizen of the City of Bloomfield, in Stoddard County, Missouri, do make publish and declare this to be my last will and testament, herby revoking and making null and void all former last wills and testaments,  and codicils thereto, heretofore, made by me at any time, so that this instrument shall stand and be my last will and testament:

Section One

I hereby authorize direct and empower my Executors hereinafter named, to pay all of my just debts, administration and funeral expenses, and to erect  a suitable monument to mark my last resting place at such cost as they may deem just, reasonable and proper, to be paid for and of my estate; I direct that all of these things be done as soon after the qualification of my executors as may be practicable. 

Section Two

I hereby authorize and direct my executors out of my estate to pay all inheritance taxes assessed by the State of Missouri, or in any other State in which my property may be located, or by United States, whether said taxes be a charge upon my real or personal estate or whether they be a charge against the respective beneficiaries under the bequests and devises I have made under this will. I direct that all said taxes or assessments shall be a charge against my estate, and shall be paid by my estate, and not be charged against my beneficiaries of the burden of looking after such matters and to relieve the bequests I make herein of such taxation and assessments. 

Section Three

I now own various real estate and interests in real properties in Stoddard County, Missouri. I also own certain real estate in Clay County, Arkansas, and an undivided interest in a large tract of land in _____ Parish, in the State of Louisiana. It is my will and desire that said property shall be converted into cash by my Executors. In order that said property may not be sacrificed. I hereby authorize direct and empower my Executors in their sole discretion to sell said real estate, or any part or parcel thereof at such time or times as they may direct to be most advantageous to my estate  and at such time or times as they may think just, reasonable, and proper, and to such person or persons as they may deem best and on such terms as they may think and believe to be for the best interests of my Estate. Said property or any portion thereof, may be sold...... for cash or part cash and part deferred payments, ...on deferred payments. All such payments may be...sessed by vendor liens mortgages or deeds of trust as my Executors be wholly and absolutely empowered and authorized to hold said property until such time or times that they may be convinced it is best for my estate to sell same, and while holding said properties, I hereby authorize, empower and direct my Executors to lease or rent/pg 2./said real estate or any portion thereof, for such terms and for such rents on and such conditions as they may deem just, reasonable and proper; and in this consideration, I authorize, direct and empower my Executors, if they deem it to be in the best interest of my estate to lease for mining purposes, for drilling for gas or oil or other mineral substance, any part of or all of my real estate, the terms of such lease and conditions and the royalties or rentables to be received therefor, shall be left wholly to the discretion of my executors. If it be necessary in the opinion of my executors to make any improvements on said real estate from time to time, or at any time, I hereby authorize empower and direct my Executors in their discretion to make such improvements and to pay the taxes on said real estate from time to time out of any moneys that may be in their hands derived from my personal estate, or from any real estate that may have been sold by them.

I hereby authorize, direct and empower my said Executors to take possession of, hold, use and enjoy all of my said real estate as fully and as completely as I may have held, used and enjoyed the same if I were living at such time or times. All moneys spent by my executors for the purpose of improving, looking after and caring for said real estate, or paying the taxes thereon shall be a charge against my personal estate. All moneys received by my Executors from said real estate shall be accounted for by my executors as a part of my personal or general estate. 

Section Four

I own certain personal property among which will be found bonds of the United States, and possibly other bonds, also mortgages on real estate, that is notes secured by other kinds of personal property. ,I hereby authorize, empower and direct my Executor to sell or dispose of as to convert  into cash any of such personal property on such terms and convictions, and at such time or times as my Executor shall determine, well knowing that my Executors at all times will be careful and diligent in seeking to do what is best for my Estate and my beneficiaries, and in the discretion of my executors I authorize them to invest and re-invest any moneys that may be in their hands, and undisposed of, loan time to time in such securities, bonds, mortgages as they deem just, reasonable and proper, so that they in their discretion may invest in notes secured by first mortgages or first deeds of trust on real estate situate in this  State or any other State, or in high grade investment bonds of any corporation of any State or in bonds of any State or any subdivision of any State, or any bonds of the United States.

Section Five

My deceased brother, Jason W. Brannock, died many years ago, and left surviving him his sons the oldest Howard Brannock and the youngest Ralph Brannock. I do hereby direct my executors as soon after their qualifications as may be convenient to pay my nephew, Howard Brannock, Five hundred dollars ($500.00) in cash and to pay my nephew, Ralph Brannock, Five thousand dollars/pg.3/ ($5000.00) in cash, which shall be full of their right, title and interest in my estate.

Section Six

My mother, Mrs. A.E. Campbell, is still living, and if she survives me, then and in that case I direct my Executors to divide my Estate, after paying my just debts, funeral expense, and the bequests herein above made, into two equal parts, one part being one half of my net estate shall be held by my executors during the lifetime of my mother, and during her lifetime, at such convenient times as they may deem just, reasonable and proper, my Executors shall pay to my mother the income on said one-half of my estate held by them after paying the taxes or other charges on the property so held for the benefit of my mother; and if at will #151 p.1/ anytime, in the discretion of my executors, said income should not be sufficient to care for my mother and provide all reasonable necessaries for her comfort, I direct my executors in their discretion, if they deem it reasonable and proper, to use such part of the principal of the funds or property in their hands for the use and benefit of my mother. At the death of my mother, I direct my Executors to pay the funds and property in their hands, held for the use of my mother to my brother, Frank A. Brannock, It is my will that the title in the property so held for the use of my mother shall vest absolutely in my Executors, and shall be held by my Executors during the life time of my mother, and out of such property such payments shall be made to my mother from time to time as herein above provided. 

Section Seven

All the rest, residue and remainder of my Estate, of every kind and character, and whatsoever situated or located, I give, devise and bequeath unto my brother, Frank A. Brannock, to be held by him absolutely and solely in fee simple title. If my brother should not survive me however, of or of he should die before the final distribution of my estate, then it is my will and I hereby direct that my interests in my estate provided for my brother, Frank A. Brannock, shall pass to and vest in his children share and share alike and if any of his children shall at such time be dead and leave issue, then the issue of such a deceased child or children shall receive and have an equal share the share their parent would have had if parent had survived. 

Section Eight 

I any of the beneficiaries of my estate herein provided for should be minors at the time of the distribution herein provided for, then it is my will and desire and I hereby direct and empower and authorize my said Executors to hold the share of such minor or minors until same reach the age of twenty-one years. I further empower, authorize and direct my Executors in such case or cases to  use their discretion in providing for such minors, so that my Executors may use the income or any part of the principal going to such minor, as they deem just, reasonable and proper for the purpose of educating, maintaining or supporting such minors and while such funds are in the hands of my Executors they are authorized to invest said funds as herein provided from time to time.

Section Nine

I hereby nominate, constitute and appoint my trusted friends Stephen B. Hunter, of Cape Girardeau, Missouri, Alfred L. Harty of St. Louis, Missouri and my brother, Frank A. Brannock, as Executors of this my last will and testament and having absolute confidence in the ability and integrity of my said Executors, I hereby direct that they be permitted to act without bond. Should either of my said Executors fail or refuse to qualify or should either of them die or resign after quali- /pg.2/ fying, the surviving Executors may act and have as full power and authority as if all had qualified and acted hereunder.

In witness whereof, I have hereunto set my hand and affixed my seal at the City of St. Louis, Missouri, this 14th day of November , A.D. 1922

Milton W. Brannock 

We hereby certify that Milton W. Brannock, the testator named in the foregoing instrument of writing, subscribed his name thereto on this day and to us declared the same to be his last will and testament; that we subscribe our names hereto as witnesses in the presence and at the request of said testator, and in the presence of each other, and that at the time of the execution of said instrument as aforesaid, and of our subscribing the same as witnesses, the said testator was of sound and disposing mind, to the best of of our knowledge and belief. 

Witness our hands at the City of St. Louis, Missouri, this 14th day of November, A.D., 1922.

B.A. Wilkes

W.M. Fitch

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Oath of Executors

State of Missouri

County of Stoddard

The undersigned Stephen B. Hunter, Alfred L. Harty, and Frank A. Brannock, Executors under and by virtue of the Last Will and Testament of Milton W. Brannock, deceased, late of Stoddard County, Missouri, personally appeared before me, the Judge of the Probate Court, with and for the county of Stoddard and State of Missouri , and being duly sworn by me, upon their oaths say that they will make a true and perfect inventory of all and singular the goods and chattels, land and tenements, rights and credits of said testator, according to law, and will well and truly execute or administer the Last Will and Testaments of the said testator, by paying first his debts, and then the legacies contained in said Last Will and testament, as far as the assets of the said Testator will extend and the law direct, render just accounts and faithfully perform all things required by law touching such executor ship or administration. 

Stephen B. Hunter

Alfred L. Harty

Frank A. Brannock

Subscribed and sworn to before me by Alfred L. Harty and Frank A. Brannock , at Bloomfield, Missouri, this 25th day of November, 1922

M. Walker Cooper

Judge of Probate

Subscribed and sworn to before me by Stephen B. Hunter, this 29th day of November, 1922

M. Walker Cooper

Judge of Probate

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Commission to Prove Will 

State of Missouri

County of Stoddard

The State of Missouri, to any Court having a seal, or the Judge thereof or Justice of the Peace or any Notary Public, Mayor or Chief Magistrate of any City or Town having a seal in the City of St. Louis, in the State of Missouri, Greeting: Know Ye that we hereby empower you to cause to come before you at the time and place to be by you appointed B.A. Wilkes and W.M. /pg. 3/ Fitch  attesting witnesses to the annexed instrument of writing, purporting to be the last will and testament of Milton W. Brannock, deceased, and to then and there examine them the said B.A. Wilkes and W.M. Fitch on oath touching their knowledge of the execution of said instrument, and of the condition of the mind of the said Milton Brannock at the time of the execution and publication of the same as his last will and testament. The examination thus taken, you will reduce to writing and cause the same to be subscribed and sworn to by the said B. A. Wilkes and M.W. Fitch and thereupon you shall certify the same under your hand to M. Walker Cooper, Judge of our Probate court of said County. 

In witness whereof I, M. Walker Cooper, Judge of said Probate Court have hereunto set my name and affixed the seal of said court at Bloomfield, Missouri on this 25th day of November, 1922

M. Walker Cooper

Judge of Probate

/will #152, pg.1/

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Return to Commission to Prove Will

State of Missouri

County of St. Louis

Before Cedric F. Schlemmer, a Notary of Public of St. Louis, Missouri

In Pursuance of the authority to me given by the annexed commission issued by the Judge of Probate Court within and for the county of Stoddard and State of Missouri, I Cedric F. Schlemmer, did on the 29th day of November, A.D., 1922, cause to come before me at my office in the City of St. Louis and State of Missouri , B.A. Wilkes and W.M. Fitch, who being by me duly sworn deposeth and say that they were present and saw Milton W. Brannock sign the foregoing instrument of date November 14th, 1922, purporting to be the Last Will and Testament of him, the said Milton W. Brannock  and heard him publish and declare the same to be his last will and testament, and that at the time of signing the same, the said Milton W. Brannock was of sound and disposing mind and these deponents, the attesting witnesses, subscribed their names thereto as witnesses to the same in the presence of the testator, and of each other, and at the request of the testator, who was more than twenty-one years of age at the date of so declaring and signing said instrument, and further deponent saith not. 

B.A. Wilkes

W.M. Fitch

Sworn to and subscribed in my presence this 29th day of November, A.D., 1922 and I hereby certify that the testimony of the said B.A. Wilkes and W.M. Fitch was by me reduced to writing, and by them subscribed in my presence, on the day and year and at the place above written, and their testimony so by me taken and certified is herewith returned. 

Cedric F. Schlemmer

Notary Public 

My commission expires Oct. 30, 1925

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State of Missouri

County of Stoddard

On the 1st day of December, 1922, before the undersigned M. Walker Cooper, Judge of Probate, personally appeared Frank A. Brannock, who being duly sworn, says that to the best information and belief of affiant, Milton W. Brannock, died testate at St. Louis, Missouri on the 22nd day of November, 1922 leaving as his heirs at law Mrs. A.E. Campbell his mother, of Stoddard County, Missouri; Frank A. Brannock a brother, of Stoddard County, Missouri; Howard Brannock, a nephew of Red Oak, Iowa; and Ralph Brannock, a nephew of Stoddard County, Missouri.

Frank A. Brannock

Sworn to and subscribed before me, this 1st day of December, 1922

M. Walker Cooper

Judge of Probate

/pg. 2/

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Certificate of Probate

State of Missouri

County of-Stoddard - )In the-Probate-Court-of Stoddard County Missouri

I, - M. Walker Cooper, Judge - of the-Probate-Court-Stoddard-County, Missouri, having examined the foregoing instrument purporting to be - - the Last Will and Testament of - Milton W. Brannock - deceased and signed by said - Milton W. Brannock - deceased, late of -Stoddard-County,-Missouri- and having heard the testimony if -B.A. Wilkes - and - W.M. Fitch - subscribing witnesses thereto, in relation to the execution of the same, do declare and adjudge said Instrument -is-the Last Will and Testament of said -Milton W. Brannock- deceased, and the same is thereforeto - admitted to probate.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court at office this - 1st  day of - December - 1922

M. Walker Cooper

Judge of Probate

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LETTERS OF TESTAMENTARY

STATE OF MISSOURI

County of - Stoddard

To all to Whom these Presents shall come - GREETING:

Know Ye, That the last will and testament of - Milton W. Brannock - deceased, late of -Stoddard- County, Missouri, hath, in due form of law been exhibited, proved and recorded, in the office of the - Judge- of the Probate Court of-Stoddard-County, Missouri, a copy of which is hereunto annexed; and Inasmuch as it appears that - Stephen B. Hunter, Alfred L. Harty and Frank A. Brannock - ha - ve - been appointed execut-or- in and by said Last Will and Testament, to execute the same, and to the end that the property of the said Testator may be preserved for those who shall appear to have a legal right or interest therein, and that the said Last Will and Testament may be executed according to the request and instruction of the said Testator, we do hereby authorize - them - the said - Stephen B. Hunter, Alfred L. Harty and Frank A. Brannock - as such Execut-ors-, to collect and secure, all and singular the goods and chattels, rights and credits, which were of the said - Milton W. Brannock - at the time of h-is-death, in whosoever hands or possession the same may be found; and to perform and fulfill all such duties as may be enjoined upon -them- by said Last Will and Testament, so far as there shall be property and the law charge -them- ; and in general to do and perform all other acts which are now or may be hereafter required of -them- by law. 

IN TESTIMONY WHEREOF, I, - M. Walker Cooper, Judge - of the Probate Court in and for said County, have hereunto signed my name and affixed the seal of the said Court at office in -Bloomfield, Missouri-this - 1st- day of - December -, A.D. 1922

M. Walker Cooper

By - Judge- of said Court.

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EXECUTOR'S BOND, or Bond of Administrator with Will Annexed.

No Bond Required