LEWIS, B. W.
LEWIS
Posted By: Cay Merryman (email)
Date: 10/9/2002 at 21:33:02
WILL OF B. W. LEWIS pages 37-40 Book 2 1 January 1866 (foreign)
(This will was extremely difficult to read so there may be some errors. Why it was filed in Mills
County is not known at this time)
(Transcribed by Cay Merryman from microfilm #1491839 7 Oct 1999)
In the name of God Amen, I, Benjamin W. Lewis of Howard County, the State of Missouri,
being in my usual health and sound in mind, but having in mind the certainty of death to all
men and being desirous to arrange my worldly affairs for the benefit of my family and in such
manner as will give as little trouble as possible to them who may survive me, do hereby make,
ordain and declare this my last will and testament.
1. I have heretofore, to wit, on the first day of January A. D. Eighteen Hundred and Sixty Six,
entered into partnership with my brother, James W. Lewis and Geo. A. Holloway for the term
of five years from January 1st 1866 for the purpose of manufacturing, buying and selling
tobacco at the City of Glasgow, Howard Co., Mo. as will appear by article of copartnership
entered into on the day last aforesaid: Also I did on the 1st day of January A. D. 1866 enter
into a partnership with my son, Benjamin W. Lewis Jr., William A. Ober____, Geo. W. _____,
for the term of five years for the purpose of manufacturing, buying and selling tobacco at the
City of Saint Louis, Mo. as will appear by articles of copartnership entered into on the day last
aforesaid. In the event of my death before the expiration of the time limits in said partnership
agreement, it is my wish and desire that said copartnerships be carried out by the surviving
parties, to the end of the time stipulated on said agreement, articles of copartnership in
accordance with said agreement, and by the style of ____ agreed upon. My Executor to
make good my part of the contracts, in the same manner as if I were living and at the end of
the time, the surviving parties shall exhibit a full account of the business of said firm, and
James W. Lewis and Thomas Shackelford, shall be fully authorized to settle with the surviving
parties of the firm of Lewis Brothers and Co. and Benjamin W. Lewis Jr. and Thomas
Shackelford shall be fully authorized to settle with the surviving parties of the firm of B. W.
Lewis & Bros. and the settlement thus made shall be final and conclusive.
2. Any surplus monies I may have at the time of my death, either at Glasgow, Mo. or St.
Louis, Mo. shall be ______ out to the best advantage, under the direction of my Executor
until the _____of the two partnerships heretofore mentioned.
3. Desiring to make ample provision for my beloved wife, Eleanor I. Lewis, I hereby give to her
in lieu of _____ all the money and property, real and personal which I have received or may
hereafter receive from her father's Estate, absolutely: also the following for and during her
natural life, to wit: about forty acres of land on which is situate our present _____ dwelling
and the several out houses with all furniture and fixtures of all kinds and library on hand. Also
to be furnished with a carriage and buggy and sufficiency of horses and harness necessary
thereof. The dwelling house and out houses and furniture to be kept _____and in good
repair and the taxes paid by my Executor. In addition to the above I direct that my Executor
shall pay to my said wife as an annuity during her life the sum of Five thousand dollrs
annually, to be paid her quarterly to be applied by her to the support and maintainence of
herself and my children who may live with her. After the death of my wife, the said property
left her for life shall revert to my estate.
4. At the expiration of the five years copartnership before mentioned, my Executor will
proceed to apportion and divide, as far as they at that time may deem it practicable to my
heirs and from time to time continue the apportionment and division as they may think
expedient under the existing circumstances, all my heirs to share and share equally in such
divisions and their share to be made equal when the youngest heir becomes of lawful age,
taking into consideration advancements which may be made by me in my lifetime. My
youngest children to be educated out of my Estate without charge against them.
5. The north l/2 of the farm building known as my old residence has been placed under the
control of Geo. A. Holloway for the period of five years from January 1st 1866 upon condition
of his having it newly roofed when necessary, kept in repair and _____. The south one half of
the same building is placed under the control of Benjamin Johnson for the same term and
upon the conditions, both of which agreements I desire to be fully carried out, and when
Benjamin Johnson has engaged to work for me for five years on such salary as shall be
agreed upon, it is my desire in case he remain with me the five years, doing satisfactory
service that my Executor give to him, out of my Estate, real estate to the value of Two
Thousand dollars.
6. Immediately after my decease my Executor shall sell such farming utensils, livestock and
such perishable articles as they may deem best to dispose of but shall sell nothing more
except as hereafter directed. They shall at once take a complete inventory of my lands and
effects a memorandum of which will be found in a book deposited in the safe of Lewis Bros &
Co. at St. Louis, Mo., which is not a complete list, but will aid in preparing the necessary
inventory.
7. There is an understanding between myself and brother James W. Lewis that the lands in
and about Glasgow, Mo. owned by us jointly may be subdivided and sold out within the next
five years as he may deem best and I authorize my Executor to join him in any conveyance of
my undivided interest of this and other tracts of land owned jointly by us wherever situated, at
the same time I would advise my Executor to have the same disposition made of lands which I
own individually in order that all my effects be in shape for a ready settlement by the time of
the expiration of copartnership heretofore spoken of. I desire my brother James W. Lewis to
have six or eight acres of land lying south of his orchard and stable on which a portion of his
orchard is now standing at the rate of twenty five dollars per acre.
8 As soon as my son James B. Lewis may have completed his education sufficiently, I desire
my brother James W. Lewis to provide him with a situation in business, in order that he may
be employed to his best advantage for his own good. Also, whenever my son Richard Lewis
may arrive at the proper age, I desire that he may have a position in business, such as he
may be suited for.
9. The Rev. S. A. McCready is now living in a home of mine, situated near my dwelling and I
desire that he shall be charged rent during the present year. I have also subscribed five
hundred dollars for his support during the present year which I desire to be paid and should
he be returned to his charge during the next year, I desire the same amount and rent of
home farm to be given him. I also desire _____ ____ Methodist Episcopal Church sends a
minister to Glasgow _____for a longer period, that my Executor in case it is necessary for the
support of the same, give such ____as my brother, James W. Lewis shall direct during the
five years of the partnership.
10 I direct that my Executor shall set apart the sum of Ten Thousand Dollars for the purpose
of applying toward the purchase of books and establishing a circulating library in the city of
Glasgow to be placed under the charge and control of the Methodist Episcopal Church.
11 I hereby appoint Thomas Shackelford, James W. Lewis and Geo. A. Holloway of Glasgow
and William J. Lewis and Benjamin W. Lewis Jr. of St. Louis, Mo., Executors of this my Last
Will and Testament with the request that my brother James W. Lewis shall be the active
Executor and control generally the funds of the Estate, and that he act as advised with my
wife in training and educating my children and placing them in business. I request that my
friend Thomas Shackelford be the legal advisor for the Estate and to do all the legal business
necessary in winding up my Estate.
I hereby affix my hand and seal the twentieth day of January A. D. Eighteen hundred and
sixty six.
Signed B. W. Lewis
Witnesses
J. D. Keebaugh
D. A. McCreary
Copy from Montgomery Co. Iowa 2-27-72
Admitted to Probate in said county 2-10-72
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