Stipulation.
"It is agreed and stipulated by the parties hereto that the interpretation of the will of Stephen Maddox, deceased, probated and filed in the probate court, then of the county of St. Louis and now of the city of St. Louis, on the 2d day of August, 1844, is the basis of the rights of the parties hereto to the land in plaintiffs' petition described; and if said will gave to Sarah Cross, a daughter of said Stephen Maddox, mentioned in said will, an estate in fee simple in said land, then judgment shall go for the defendants herein; and, if the estate so given to Sarah Cross by said will was an estate for her life, then judgment shall go for the plaintiffs herein, provided and so far as the said plaintiffs shall prove by proper evidence that they are the sole children of said Sarah Cross; and it is further agreed that the monthly rental value of the land in controversy is $20 per month, to be computed from January 11, 1896. It is also agreed that this stipulation shall be filed in lieu of an abstract of title, required by rule of court."
Will.
"St. Louis County, State of Missouri, April 1st, 1844. I, Stephen Maddox, of the county of St. Louis and state of Missouri, being of sound and disposing mind and memory, do make and ordain this to be my last will and testament, hereby revoking all others heretofore by me made: First, and principally, I give and bequeath to my wife, Sarah Maddox, all my estate, real and personal, of whatsoever kind or character, to have and to hold, to use and possess, under her own proper direction and control, during her natural life, excepting only such special bequests and provisions as I shall hereinafter make. It is my will that after the death of my wife my property be divided in the following manner, to wit: To my daughter Ann Glanville I give my negro boy Jackson, and also that portion of my land known as the east half of the southwest quarter of section twenty-four; to my daughter Jane Huckstep I give the east half of the southeast quarter of section twenty-three, and also my negro girl Frances; to my daughter Virginia Waltonspiel I give the east half of the southwest quarter of section twenty-five, and also my negro girl Kitty; to my daughter Susan Pfeifer I give the east half of the northwest quarter of section twenty-five, reserving one-fourth of an acre of ground within its limits so as to include the family burying ground from sale or any other use or purpose whatsoever, and I also give to Susan Pfeifer my negro girl Lydia; to my daughter Sarah Cross and her heirs I give the west half of the northwest quarter of section twenty-five, and also my negro girl Amanda, provided that the property here devised to Sarah Cross be subject to the trust, care, and control of my son Turner Maddox, for her use, and, should the said Sarah Cross die without children, then said property shall be divided among my other daughters, and, if any of ____ be dead, to their children such portion as their mother would have been entitled to, agreeably to this provision. And should any others of my daughters die without children, then their portion is to be divided as provided for in the case of my daughter Sarah Cross. To the children of my deceased son John F. Maddox I give that portion of my land known as the west half of the southwest quarter of section twenty-four, and also my negro girl Martha Ellen, and I hereby constitute my son Turner Maddox their guardian, to possess the property for their benefit. All of my lands hereby devised
lying and being in township forty-five north, of range five east of the fifth principal meridian. I give to my grandchildren, heirs of my deceased son William Maddox, my negro girl Mary. It is further my will that all my land not herein otherwise devised, all my negroes and other property not herein specially provided for, be divided among my sons Thomas H. Maddox, Anderson Maddox, Turner Maddox, and Jesse Maddox, and the children of my deceased son William Maddox. It is my will that the land and negroes be divided in kind, they all agreeing to such division. If they cannot agree to such division, then the land and negroes are to be sold by my executors, with the other property, in such manner and on such terms as they may consider most advantageous to those concerned, and divided in the manner before designated; that is to say, my son Thomas H. Maddox to have one part, Turner Maddox one part, Anderson Maddox one part, Jesse Maddox one part, and the children of my deceased son William Maddox one part. And it is my will that, should any of my sons die without children, then the portion of my estate to which he would have been entitled, agreeably to the provisions of this will, is to go to my sons that may be living, and the children of those that may be dead. It is further my will that if my son-in-law Francis Pfeifer remain on my farm, and attend to the concerns thereof satisfactory to my wife, that he shall have, at the death of my wife, in addition to what I have hereinbefore bequeathed to his wife, one wagon, one horse, one plow, two cows and calves, one ox, all at his choice, one-fourth of the stock of hogs, one-fourth of the crop on hand or in the ground. I wish it to be understood that the bequests hereinbefore made are not to take effect until after the death of my wife. I also give to my son Jesse Maddox, and to my grandson Edward Maddox, each one good bed, at any time after my decease, should they not get them before. It is further my will that the note of hand which I hold against my son Anderson Maddox be taken into account in the apportionment of my estate. The note was drawn for seven hundred dollars, but he is entitled to a credit of eighty dollars for expenses incurred by him in removing the remains of my deceased son Gustavus from New Orleans to St. Louis. I have also a charge against Turner Maddox, which is to be accounted in the same manner. It is also my will that all the property remaining at the death of my wife, and not divided in kind, as before provided for, be sold by my executors, and the proceeds, whether in money or notes, be equitably divided among my sons Thomas H. Maddox, Turner Maddox, Anderson Maddox, Jesse Maddox, and the children of my deceased son William Maddox, by the same rule before provided in regard to my sons. It is further my will and desire that my son Turner Maddox and my friend Jonas Geyer be the executors of this my last will and testament, and I do hereby appoint them as such, with full powers to execute the provisions thereof, to make deeds, and to do and perform any other act necessary to carry out the object of my will. And I do hereby make it obligatory upon my heirs to submit to my wishes, to have my estate settled without any intervention of law or judicial proceedings other than what may be necessary to record title or to recover debts due to my estate. I wish it to be distinctly understood that I give to my executors full powers to transact all business regarding my estate as herein directed, just as if I were alive and personally present to direct them, without being subject to the direction of any judge, court, or any tribunal whatever, and only perform the duties provided for, and incur no expenses not herein directed; and, in case of the death, disqualification, or refusal to serve of either my executors, it is my wish that Thomas H. Maddox be substituted in the place; and, should more than one vacancy occur, then it is my desire that Anderson Maddox supply the place; and I give unto them, or either of them, the same powers conferred on those first named; and, as it is necessary that my executors be paid for their services, I hereby order that they be paid one dollar and fifty cents for each day they may be occupied in settling the estate. I also give to my daughter Susan Pfeifer one-half of all the fowls that may remain at the death of my wife, and my daughter Sarah Cross the other half. It is my will...
