Will of John N. Elder, 1899, Morrow Co., Oregon Surnames: Elder, Bucknum ********************************************************************************* USGENWEB ARCHIVES(tm) NOTICE: ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/or/orfiles.htm ********************************************************************************* Transcribed for use in USGenWeb Archives by: W. David Samuelsen - January 2002 ************************************************************************ Morrow County, OR; Volume A, page 44 John N. Elaer filed 28 Jul 1899, Vawter Crawford, County Clerk In the Name of God, Amen, Know all men, that I, John M. Elder, of Heppner, County of Morrow, State of Oregon of the age of sixty three years, being of sound and disposing mind and memory, and not acting under duress, menace, fraud, or under influence of any person whomsoever, do make, publish, and declare this my last Will and Testament, in manner and form following, to wit: First, It is my will and I do order, that all my jsut debts and funeral expenses be duly paid and satisfied as soon as conveniently can be done after my decease. Second, I give and bequeath unto my beloved wife, Lucinda Elder, one third (1/3) of my property both real and personal of which I may be possessed and wheresoever situated, at the time of my decease. Third, I give and bequeath unto my son, Benjamin Franklin Elder, one third (1/3) of all my property both real and personal, of which I may be possessed and wheresoever situate at the time of my decease. Fourth, I give and bequeath unto my sons, Charles Oliver Elder; James Lewis Elder and my daughter Mary Belle Bucknum and my grandson Fredrick L. Elder share and share alike the remaining one third (1/3) of all my property both real and personal, of which I may be possessed, and wheresoever situate, at the time of my decease. And Lastly, I nominate, constitute and appoint my wife Lucinda Elder to be the executrix of this, my last Will, hereby revoking all other wilsl, legacies and bequests by me heretofore made, and declare this, and no other to be my Last Will and Testament and I further will that my wife be not required to give bonds. In witness whereof, I have hereunto set my hand, this second day of June, in the year of our Lord One Thousand Eight Hundred and Ninety-Nine. John N. Elder (seal) The above instrument was, at the date thereof signed, sealed, pubished and declared by the said John N. Elder, as and for his Last Will and Testament in presence of us, who, at his request and in his presence and in the presence of each other, have subscribed our names as witnesses thereto: Jas Jones, residing at Heppner, Oregon N. S. Whetstone, residing at Heppner, Oregon In the County Court of the State of Oregon for Morrow County, In the matter of the Estate of John N. Elder, deceased Testimony of Subscribing witnesses to will, filed Aug. 11, 1899, Vawter Crawford, County Clerk State of Oregon, County of Morrow} ss I, James Jones, of lawful age and a competent witness being first duly sworn in open court estify as follows: I reside in the City of Heppner, County of Morrow, and State of Oregon. I knew John N. Elder in his life time and the time of witnessing his will hereinafter mentioned, he was a resident of the city of Heppner, County of Morrow and state of Oregon and was such resident at the time of his death, he died on the 5th day of June A.D. 1899 and left estate in the County of Morrow, State of Oregon. The instrument now shown me marked as filed in this County onf the 28th day of July A.D. 1899, purporting to be the last Will and Testament of said deceased was signed by said John N. Elder, deceased, at his home in the City of Heppner County of Morrow and State of Oregon on the 2nd day of June A.D. 1899, the day it bears date, in the presence of myself and N. S. Whetstone, the other subscribing witness with whom I was acquainted at the time of witnessing said Will and the said John N. Elder thereupon published the said instrument as: and declared the same to be his last Will and Testament and requested us in attestation thereof the sign the same as witnesses. The said N. S. Whetstone and I then and there, in the presence of John N. Elder, deceased, and in the presence of each other subscribing our names as witnesses to said instrument. At the time of executing said instrument, the said John N. Elder, deceased was over the age of 21 years, to wit: of the age of 63 years or thereabouts, and was of sound and disposing mind, and nor under any restraint, undue influence, or fraudulent misrepresentations. James Jones The above testimony being reduced to writing, was signed by the witness the said James Jones and was subscribed and sworn, to in a open court before me this 11th day of Aug A.D., 1899 Vawter Crawford, County Clerk The above statement is repeated same by N. S. Whetstone of Heppner.