30 July 2011

George Jacob Gerber

1830 — 1881

Last Will & Testament

Last Will and Testament

Know all men by these presents, that, I George Jacob Gerber of the City of St. Louis in the state of Missouri, being in good health and of sound mind and disposing memory, and desirous to settle my worldly affairs and dispose of property, I may die seized and possessed of, do make and publish this, my Last Will, hereby revoking all former wills by me at any time heretofore made.

I hereby constitute and appoint my wife sole executrix of this my last Will, directing my said executrix, Fraciska Gerber 1  to pay all my just debts and funeral expenses and the legacies hereinafter given, out of my Estate, and also direct and order my oldest son, George Louis Gerber to aid and assist my said executrix in performance of her duties as such.

After the payment of my said debts and funeral expenses I give to my children

1. George Louis Gerber now aged 20 years
2. Otto Hugo Gerber " 16 "
3. Philip Adolph Gerber " 14 "
4. Frederic William Gerber " 8 "
5. Rudolph Mathias Gerber " 5 "

One dollar each to be paid to them as soon after my decease, but in one year, as [. . .]

[Note: the remainder of this document page was not included in the digital image from which this transcription was made]


As to the Balance of My Estate, and all the property, real, personal, or mixed of which I shall die seized and possessed of, I devise bequeath and dispose thereof in the manner following to wit:

I give and bequeath unto my beloved wife Franciska all my personal property and the income of my real estate property respectively the stores and dwelling houses thereon as long as she shall remain unmarried and my widow, to hold the same and improve it to the best possible benefit and use of herself and my minor children.  Should my wife Franciska not remain unmarried and my widow, but become the legal wife of annother [sic] after my decease, she at that moment shall cease to be the executrix of this, my last will, but said duty and the responsibility of the same shall devolve upon the oldest of my children, then of a legal age, and it is further hereby directed, that, should my wife commit such folly, that an immediate investigation and inventory be taken of the remainder of the estate and the same divided to equal parts, share and share alike to my above named children. 2 

It is my desire, and I hereby order, the real estate remaining after my decease, to be improved, thereby realizing a higher revenue from the same, and no sale detrimental to the estate shall take place, until the time, when the youngest child will have become of legal age, at what time the remaining estate shall be sold for division.

All the residue and remainder of my estate, whether real, personal or mixed I leave devise and bequeath, unto my beloved wife Franciska Gerber under the provision above given.

In Witness whereof I have hereunto set my hand and seal this        day of June A. D. eighteen hundred and eighty.

George J. Gerber   [seal]

The above instrument was now here subscribed by George Jacob Gerber in the presence of each of us, and was at the same time declared by him to be his last Will and Testament, and we, at his request have at the same time signed our names as witnesses thereto.

Otto Janer   [seal]
William Waldschmidt   [seal]
[seal]

Source: George Jacob Gerber, 1881; Case No: 13976; St. Louis Probate Court; Microfilm reel C 36260; Missouri State Archives, Jefferson City, Missouri. Admitted to probate on 24 May 1881.

Digital version accessed at the St. Louis Probate Court Digitization Project, 1802-1900 on 1 July 2004.

Notes

  1. Adjacent to this line in the left margin of the document was written the following: (Franziska)

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  2. To the best of my knowledge, this clause was not invoked. I am not aware that Franziska ever remarried.

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Brief Genealogy

George Jacob Gerber's family

Franziska Müller's family

Gerber - Müller family

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