Will of Joseph Higbee
Nancy's name is mentioned twice in the final distribution of the estate, as well as her husband John D Bourn, underlined beneath the will.
The will of Joseph Higbee:
I Joseph Higbee of the County of Randolph and State of Missouri do by these presents make this instrument of writing my last will and testament as follows:
I give & bequeath to the children of my son Anderson Higbee decd, a certain piece of land being the south east quarter of Section thirty one Township fifty three in Range fourteen containing one hundred and fifty nine acres provided they should arrive to the age of sixteen years if they should not arrive to that age the land aforesaid to return to my other heirs but if one of them should die before that age & the others arrive to the age of sixteen then the Survivor is to have the land
To my daughter Frances Coates I give a Negro woman Maria & I give to my said daughter Coates Ellin a Negro girl with her increase during the lifetime of said Frances Coates and at her death the said Ellin with her increase are to go to the children of said Frances Coates
To my daughter Eliza I give two hundred dollars which bequeath will I think make an equal distribution amongst all my children
After my death I will that the property I shall die possessed of be sold & equally divided amongst all my legal descendants the children of any of my children being entitled to one shear in case of the death of their ancestor
I give to my daughter Catherine Collins a Negro girl Mary in addition to the share of my property that she will be entitled to at my death.
I hereby appoint my sons in law Thomas P. Coates & Christian Collins Executors of this my will
Given under my hand and seal this 29th day of October 1839.
Jos. Higbee, (Seal)
Executed in presence of
Reub. Samuel
John J. allen
John D. Nolin
Martin Burnam
State of Missouri County of Randolph ) SS.
I John J. Allen make oath that Joseph Higbee decd signed the foregoing instrument of writing in my presence as his last will and testament & requested me to subscribe my name as a witness thereto & that I considered the said Higbee to be of sound and disposing mind at the time he executed said will given under my hand this 24th day of September 1849.
J. J. Allen
Sworn & subscribed in open Court Sept 24th 1849.
J.B. Dameron Prest.
State of Missouri County of Randolph ) SS.
John L. Nolin makes oath that Joseph Higbee decd signed the foregoing instrument of writing in my presence as his last will & testament and requested me to subscribe my name as a witness thereto & that I considered the said Higbee to be of sound and disposing mind at the time he executed said will Given under my hand this the 22nd day of Oct 1849,
John L. Nolin.
Subscribed & sworn to
this 22nd day of Oct. 1849.
John J. allen Clk.
by Terry Bradley D.C.
Ordered to be recorded Oct. 22nd, 1849
John J. Allen Clk.
Know all men by these presents that Thomas P. Coates and Christian Collins as principal and Henry Grimes & Napoleon B. Christian his security of Randolph County are held and firmly bound unto the State of Missouri in the sum of four thousand dollars for the payment of which well and truly to be made we bind ourselves our heirs etc, jointly and severally firmly by these presents Sealed and dated this 22nd day of October 1849.
The condition of the above bond is that whereas Joseph Higbee deceased by his last will and testament appointed Thomas P. Coates and Christian Collins Executors of said now if the said Executors shall faithfully execute the said will pay and deliver all money and property and effects belonging to said estate and the legacies in the said will and perform all other things touching the said Executorship required by the will or enjoined by law or the order or decree of any court having competent jurisdiction then the bond to be void else to remain in full force
Thos. P. Coates (Seal)
Christian Collins (Seal)
Henry Grimes (Seal)
County of Randolph) SS.
The State of Missouri to all persons to whom these presents shall come greeting Know you that the last will and testament of Joseph Higbee deceased hath in due form of law been exhibited proved and recorded in the office of the Clerk of the County Court of Randolph County a copy of which is hereunto annexed and in as much as it appears that Thomas P. Coates & Christian Collins have been appointed executors in and by the said last will and testament to execute the same and to the end that the property of the testator may be the same and to the end that the property of the testator may be preserved for those who shall appear to have a right or legal interest therein and that the said last will may be executed according to the request of the testator we do hereby authorize them the said Thomas P. Coates and Christian Collins as such executors to collect and secure all and singular the goods and chattels rights and credits which were of the said Joseph Higbee at the time of his death in whosesoever hands or possession the same may be found and to perform and fulfill all such duties as may be enjoined upon them by said will so far as there shall be property and the law charge them and in general to do and perform all other acts which now or hereafter may be required of them by law
In testimony whereof I John J. Allen Clerk of The County Court in and for the County of Randolph have hereunto signed my name and affixed the Seal of said Court at office this 22nd of October 1849
John J. Allen clk.
Recorded on the day of their date
John J. Allen Clk.
The final distribution of Joseph Higbee's estate provided for a division of the remaining property into 7 equal shares, distributed as follows:
1 share to Thomas P. Coates (husband of Frances Higbee Coates, dec'd)
1 share to Sarah Blackford (Sarah Higbee)
2 shares to C. Collins, in his own right and as assignee of John D. & Nancy Higbee Brown (actually Bourne)
1 share to William & Susan Higbee Collins (actually Collier)
1 share to C Collins as guardian of children of Catherine Collins, dec'd
1 share to Edmund & Eliza Burton (Eliza Higbee)
What is puzzling is why Christian Collins received a share of the estate? Was he an assignee of another heir?
Randolph County,Missouri, 1843 - 1858, Vol C, page 9:
Higbee Est
Report of the amounts distributed by the
Executors of Joseph Higbee deceased
among the heirs of said decedent
By amt pd Thos P Coates No1 $77.42
By amt pd Sarah Blackford No2 77.42
By amt pd C Collins in his own
right & assigne of John D &
Nancy Brown [actually Bourne] No3 154.84
By amt pd Wm & Susan Collins
as credited on execution against
said Collins [actually Collier] 77.42
By amt pd C Collins as guardian
for children Catharine Collins decd 77.42
By amt pd E. Burton & his wife No4 277.42
By tax receipt for 1853 No5 2.10
March 27, 1854 Ord to be recorded
John J Allin clk