Mitchel Fleming Will

Researched May 29, 2001
Cape County Archives
Wills and Letters B (#106) 1837 pages B188-189

State of Missouri
April 16th, 1836
County of Cape Girardeau

In the name of God Amen. I, Mitchell Fleming of the County and State of Missouri aforesaid being in perfect health and sound in mind and memory. Through the blessing of God and the circumstances calling to recollection the mortality of my body do hereby ordain this my last will and testament in manner and form following

(viz) I ordain it and it is my will that my body be decently buried in the earth and in great submission, I submit my soul to God who gave it and as touching such worldly property as it has pleased God to bless me with I dispose of it in manner following:

1st I will that all my just debts be paid together with funeral expenses.

2nd I give and bequeath to my beloved wife Jane Fleming her dower and one third of the plantation I now live on, during her widowhood, also one black calf named Coby, two milk cows and one half of my kitchen furniture, and all the household furniture she had when I married her, the half she has made since I married her, together with her saddle and bridle.

3rd, I bequeath to my daughter Polly Brown eighty acres of land lying and being in range thirteen and Township thirty three N Section twenty eight the East half of the Southwest quarter to her and her heirs forever.

4th, I give and bequeath to my daughter Agnes McFarland eighty acres of land lying and being in Range Thirteen East Township thirty three No. Section eight west half of the Southeast quarter (the tract of land Robert McFarland now occupies) to her and her heirs forever.

5th, I give to my daughter Elizabeth Little eighty acres of land lying and being in range thirteen East township thirty three section thirty East half of the Southeast quarter to her and her heirs forever. 6th I give and bequeath to my daughter Sada Ross forty acres of land lying and being in range thirteen E. Township thirty three (North) N, west part of the Southeast quarter (north end of the eighty acre lot) with the sum of twenty five dollars to her and her heirs forever.

7th I give and bequeath to my son Hiram Fleming one hundred and sixty acres of land lying and being in range thirteen E. Township thirty three N., Section twenty on northwest quarter to him and his heirs forever. I also give and bequeath to Hiram aforesaid a bay horse named Paddy with one cow two plows two pairs of farming giers, one bed and furniture and half of all my kitchen furniture.

8th It is my will that all my books be equally divided between my children and wife.

9th It is my will that all my land and tenements not heretofore specified together with all my goods and chattel be sold and equally divided between my four daughters (viz) Polly Brown, Agnes McFarland, Elizabeth Little and Sada Ross and also my son Hiram.

10th It is my will that my executors pay ten dollars each to my four grandchildren (viz) Mitchell Fleming Stevenson, Mitchell John Brown, Mitchell John Little, and Mitchell James Fleming.

11th It is my will that each legatee receive their several amounts coming to them by sale of my property that may be sold in notes to their several amounts from the hands of the executors.

12th I do hereby constitute my son Hiram Fleming and Benjamin Brown my executors to execute this my last will and testament hereby revoking, disannulling and making void all former wills and testaments by me made. In testimony where of I have hereunto set my hand and affixed my seal this day and date aforesaid.
teste:
Zenas N. Ross
James Stevenson
Samuel B. McKnight

Mitchell Fleming (seal)